Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.
2019 No. 0000
The Fisheries (Amendment) (EU Exit) Regulations 2019
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1Introduction
Citation and commencement1
These Regulations may be cited as the Fisheries (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
PART 2Amendment of primary legislation
The Sea Fish (Conservation) Act 19672
In section 4C(2)(a) of the Sea Fish (Conservation) Act 19672, for “an enforceable” substitute “a retained”.
The Fisheries Act 19813
1
The Fisheries Act 19813 is amended as follows.
2
In section 2—
a
in subsection (1), omit “Subject to subsection (2A) below”;
b
omit subsection (2A);
c
in subsection (3), for “subsections (1) and (2A)” substitute “subsection (1)”.
3
In section 14(2), in the words before paragraph (a), for “sections 2(2A) and 3(5)” substitute “section 3(5)”.
4
In section 30, insofar as it extends to England and Wales and Scotland—
a
in the heading, for “Community rules” substitute “rules relating to sea fishing”;
b
in subsection (1), in the words before paragraph (a), for “enforceable Community restrictions, and enforceable EU obligations,” substitute “retained EU restrictions and retained EU obligations”;
c
in subsection (2), for “enforceable Community restriction or other” substitute “retained EU restriction or retained EU”;
d
in subsection (3), for the definition of “enforceable Community restriction” and “enforceable EU obligation” substitute—
“retained EU restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before exit day, and
- b
forms part of retained EU law,
as modified from time to time;
5
In section 30, insofar as it extends to Northern Ireland—
a
in the heading, for “EU rules” substitute “rules relating to sea fishing”;
b
in subsection (1), in the words before paragraph (a), for “enforceable EU restrictions, and enforceable EU obligations,” substitute “retained EU restrictions and retained EU obligations”;
c
in subsection (2), for “enforceable EU restriction or other” substitute “retained EU restriction or retained EU”;
d
in subsection (3), for the definition of “enforceable EU restriction” and “enforceable EU obligation” substitute—
“retained EU restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before exit day, and
- b
forms part of retained EU law,
as modified from time to time;
6
Omit section 31(3).
The Marine and Coastal Access Act 20094
1
The Marine and Coastal Access Act 20094 is amended as follows.
2
In section 30—
a
in subsection (2)(b), for “enforceable EU restrictions and enforceable EU obligations” substitute “retained EU restriction or retained EU obligation”;
b
in subsection (4), for the definitions of “enforceable EU obligation” and “enforceable EU restriction” substitute—
“retained EU restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before exit day, and
- b
forms part of retained EU law,
as modified from time to time.
3
In section 37—
a
in subsection (2)—
i
omit paragraph (a);
ii
in paragraph (b), omit “or the European Union”;
b
omit subsection (9).
4
In section 238—
a
in subsection (2)(b), for “enforceable EU restrictions and enforceable EU obligations” substitute “retained EU restriction or retained EU obligation”;
b
in subsection (10)—
i
omit the definitions of “enforceable EU obligation” and “enforceable EU restriction”;
ii
after the definition of “relevant British fishing boat” insert—
“retained EU restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before exit day, and
- b
forms part of retained EU law,
as modified from time to time;
5
In section 278(6)—
a
in the definition of “the fisheries legislation”, in paragraph (b), for “enforceable EU restrictions and enforceable EU obligations” substitute “retained EU restriction or retained EU obligation”;
b
for the definitions of “enforceable EU obligation” and “enforceable EU restriction” substitute—
“retained EU restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before exit day, and
- b
forms part of retained EU law,
as modified from time to time.
PART 3Amendment of subordinate legislation
The Merchant Shipping (Registration of Ships) Regulations 19935
In paragraph 5(a) of Schedule 4 to the Merchant Shipping (Registration of Ships) Regulations 19935, omit “and EC Number”.
The Sea Fisheries (Northern Ireland) Order 20026
1
The Sea Fisheries (Northern Ireland) Order 20026 is amended as follows.
2
In Schedule 2, in paragraph 3—
a
in the heading, omit “(enforcement of Community rules)”;
b
in sub-paragraph (1), for “enforceable Community restriction or other” substitute “retained EU restriction or retained EU”.
3
In Schedule 3, in paragraph 3(2)(c), for “an obligation under EU law” substitute “a retained EU obligation”.
The Tope (Prohibition of Fishing) Order 20087
In article 2(2) of the Tope (Prohibition of Fishing) Order 20087—
a
omit “another member State or in”;
b
after “country”, insert “as defined in Article 4 of that Council Regulation.”.
The Eels (England and Wales) Regulations 20098
1
The Eels (England and Wales) Regulations 20098 are amended as follows.
2
In regulation 9, in the definition of “eel river basin”, for the words from “that has” to “Article 2(1)”, substitute “for which there is an Eel Management Plan as defined in Article 1A”.
3
Omit regulation 11.
The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 20099
1
The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 20099 is amended as follows.
2
In article 3(1), in the definition of “third country fishing vessel”, for “Community” substitute “United Kingdom”.
3
In article 9—
a
in paragraphs (5)(b) and (6), for “Community” substitute “United Kingdom”;
b
in paragraph (6A)—
i
in sub-paragraph (c), for “fishing vessel flying the flag of a member State” substitute “United Kingdom fishing vessel”;
ii
in sub-paragraph (d), omit the words from “in relation to” to the end;
iii
in sub-paragraph (e), for “Community” substitute “United Kingdom”;
iv
in sub-paragraph (f), for “fishing vessel flying the flag of a member State” substitute “United Kingdom fishing vessel”.
The Fish Labelling Regulations 201310
1
The Fish Labelling Regulations 201310 are amended as follows.
2
In regulation 1(2), omit the words from “except Part 2” to the end.
3
In regulation 2—
a
in paragraph (1), in the definition “the EU Regulations”, for “EU” substitute “specified”;
b
in paragraph (2)(a) and (b), for “EU”, in each place it occurs, substitute “specified”.
4
Omit regulation 3.
5
In regulation 6—
i
in paragraph (3), for “and (5)”, in the second place it occurs, substitute “, (5) to (7) and (9)”;
ii
in paragraph (7), for “the sterling equivalent of 50 euros” substitute “£45”.
6
In regulation 7(3), in the definition of “operator”, for “EU” substitute “specified”.
The Sea Fishing (Points for Masters of Fishing Boats) Regulations 201411
1
The Sea Fishing (Points for Masters of Fishing Boats) Regulations 201411 are amended as follows.
2
In regulation 2(1)—
a
in the definition of “administrative sanction”, for “ another member State or” substitute “a”;
b
in the definition of “third country”, for “which is not a member State” substitute “other than the United Kingdom”.
3
In regulation 3—
a
omit paragraph (1);
b
in paragraph (2)—
i
in sub-paragraph (a)(ii)—
aa
in paragraphs (aa) and (bb), omit “another member State or in”;
bb
in paragraph (cc), omit “another member State or”;
ii
in sub-paragraph (b)(ii)—
aa
in paragraphs (aa) and (bb), omit “another member State or in”;
bb
in paragraph (cc), omit “another member State or”;
iii
in sub-paragraph (c)(ii)—
aa
in paragraphs (aa) and (bb), omit “another member State or in”;
bb
in paragraph (cc), omit “another member State or”.
4
In regulation 8—
a
in the heading, omit “other member States and”;
b
in paragraphs (1), (3) and (5), in the words before sub-paragraph (a), omit “another member State or”.
5
In regulation 9(2)(a)—
a
in the words before paragraph (i), for “Article 74 of the Control Regulation” substitute “carrying out inspections”;
b
omit paragraph (ii) (together with the final “or”).
The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 201512
1
The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 201512 is amended as follows.
2
In article 2—
a
in paragraph (1)(a) and (b), omit “EU and”;
b
omit paragraph (2).
3
In article 3(1)(a), omit “(enforcement of Community rules)”.
The Grants for Fishing and Aquaculture Industries Regulations 201513
1
The Grants for Fishing and Aquaculture Industries Regulations 201513 are amended as follows.
2
In regulation 3—
a
in paragraph (1), omit—
i
“of Article 123”;
ii
“EMFF”;
b
in paragraph (3)—
i
omit “EMFF” in the first place it occurs;
ii
for “drawn up for the purposes of Article 17” substitute “referred to in Article 18”.
The Sea Fishing (Enforcement) Regulations 201814
1
The Sea Fishing (Enforcement) Regulations 201814 are amended as follows.
2
In regulation 2—
a
in paragraph (1), omit “EU”.
b
in paragraph (2), omit “EU” in both places it occurs.
3
In the Schedule—
a
in the heading, omit “EU”;
b
in the entry for Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy—
i
in the first column, omit “Article 42”;
ii
in the second column, omit the corresponding entry for Article 42;
c
in the entry for Council Regulation (EU) 2016/1627 of the European Parliament and of the Council on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, in the entry for Article 19(1), in the second column, omit “issued by the Member State”.
(This note is not part of the Regulations)