The Fishing Boats (European Economic Community) Designation (Variation) Order 1992

Statutory Instruments

1992 No.3108

SEA FISHERIES

FISHERY LIMITS

The Fishing Boats (European Economic Community) Designation (Variation) Order 1992

Made

8th December 1992

Laid before Parliament

10th December 1992

Coming into force

31st December 1992

The Minister of Agriculture, Fisheries and Food and the Secretaries of State concerned with sea fishing in Scotland, Northern Ireland and Wales respectively, in exercise of the powers conferred by sections 2(1), 6(2) and 8 of the Fishery Limits Act 1976(1) and now vested in them(2) and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Fishing Boats (European Economic Community) Designation (Variation) Order 1992 and shall come into force on 31st December 1992.

Variation of the Fishing Boats (European Economic Community) Designation Order 1983

2.  The Fishing Boats (European Economic Community) Designation Order 1983(3) shall be varied by substituting for the definition of the baselines the following definition—

“the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(4)

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd December 1992.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

3rd December 1992

Patrick Mayhew

Secretary of State for Northern Ireland

3rd December 1992

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

8th December 1992

Explanatory Note

This note is not part of the Order

This Order varies the Fishing Boats (European Economic Community) Designation Order 1983 (“the principal Order”) which designates, for the purposes of section 2(1) of the Fishery Limits Act 1976, member States and the areas within British fishery limits within which, and descriptions of sea fish for which, fishing boats registered in each member State may fish. The principal Order implements Article 6 of, and Annex I to, Council Regulation (EEC) No. 170/83 establishing a Community system for the conservation and management of fishery resources (OJ No. L24, 27.1.83, p.1).

This Order substitutes a new definition of “the baselines” in article 2 of the principal Order to comply with the judgment of the European Court of Justice in Re Territorial Sea: EC Commission v United Kingdom (Case 146/89) [1991] 3 CMLR 649.

(1)

1976 c. 86.

(2)

In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.

(3)

S.I. 1983/253, varied by S.I. 1986/382.

(4)

1965 III p.6452A, amended by 1979 III p.2866.