PART 6AMENDMENT OF THE DATA COLLECTION FRAMEWORK MEASURES

Regulation (EU) 2017/1004 of the European Parliament and of the Council on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policyI116

1

Regulation (EU) 2017/1004 of the European Parliament and of the Council on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy is amended as follows.

2

In Article 1—

a

in paragraph 1 omit “of the common fisheries policy”;

b

in paragraph 2 for “Union legal acts” substitute “ applicable law ”; and

c

in paragraph 3 for “Union legal acts” substitute “ applicable law ”.

3

In Article 3(3)—

a

for the comma immediately after “1380/2013” substitute “ or ”; and

b

omit “or an area defined in the implementing act referred to in Article 9(11)”.

4

In the heading of Chapter 2 omit “Union”.

5

In the heading of Section 1 of Chapter 2 omit “Union”.

6

In Article 5—

a

in the heading omit “Union”;

b

in paragraph 1—

i

omit “Union”,

F2ii

in point (b), for “a list of mandatory” substitute “requirements in relation to”, and

iii

in point (c), for the words from “for Member States” to the end, substitute “to collect data based on fishing and aquaculture activities”;

c

in paragraph (2)—

i

in point (a)—

aa

omit “Union” in the first place it occurs,

bb

for “Union waters” substitute “ United Kingdom waters ”, and

cc

for “operation of the common fisheries policy” substitute “ regulation and management of fishing activities ”,

ii

in point (b)—

aa

for “Union fisheries” substitute “ fisheries within United Kingdom waters ”,

bb

for “Union waters” substitute “ United Kingdom waters ”, and

cc

for “Union” in the third place it occurs, substitute “ any law applying in the United Kingdom or any part of it ”,

iii

in point (c)—

aa

for “Union fishing vessels” substitute “ United Kingdom fishing vessels ”,

bb

for “Union waters” substitute “ United Kingdom waters ”, and

cc

for “Union fleet” substitute “ United Kingdom fleet ”,

iv

in point (d) for “Union” substitute “ United Kingdom ”, and

v

in point (e) for “Union” substitute “ United Kingdom ”;

d

in paragraph 3 for “Union” substitute “ United Kingdom ”;

e

in paragraph 4—

i

omit “Union”, and

ii

for “the Commission shall” substitute “ a fisheries administration must ”;

iii

in point (a)—

aa

for “implementation of the common fisheries policy” substitute “ regulation of fishing activities ”, and

bb

omit the last sentence,

iv

in point (c) omit “at Union level”,

v

omit point (i), and

vi

in point (j) for “Union and its Member States” substitute “ United Kingdom ”;

f

in paragraph 5—

F7zi

in the words before point (a), for “list of mandatory” substitute “requirements in relation to”, and

i

in point (a)—

aa

for “management of the common fisheries policy” substitute “ regulation and management of fishing activities ”, and

bb

for “its” substitute “ the ”; and

g

omit paragraphs 6 and 7.

7

For the heading of Section 2 of Chapter 2 substitute— “ Implementation of the multiannual programme ”.

8

In Article 6—

F8a

in paragraph 1—

i

for “their current data collection obligations under Union law, Member States shall” substitute “other legal obligations to collect data, a fisheries administration must”,

ii

omit “an operational programme, as referred to in Article 18 of Regulation (EU) No 508/2014, and”,

iii

omit “Union” in the second place it occurs, and

iv

omit “and pursuant to Article 21 of Regulation (EU) No 508/2014”;

b

omit paragraph 2;

c

in paragraph 3—

i

in point (a) omit “Union”, and

ii

in point (g) for “Union and its Member States” substitute “ United Kingdom ”; F1...

d

omit paragraph 4 F3; and

F5e

after the omitted paragraph 4 insert—

5

The work plan for data collection of the United Kingdom approved under Commission Implementing Decision C(2019) 9493 of 19th December 2019 on approving the work plan of the United Kingdom for data collection in the fisheries and aquaculture sector for the period 2020-2021 is, until such time as it is replaced or amended under paragraph 6, the national work plan referred to in paragraph 1.

6

Subject to paragraph 7, the Secretary of State may amend or replace the national work plan provided that the plan continues to comply with the requirements of this Article.

7

Where, in the circumstances described in paragraph 8, the exercise of the power to amend or replace the national work plan under paragraph 6 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) 1380/2013, before amending or replacing the work plan the Secretary of State must obtain the consent of—

a

the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of Regulation (EU) 1380/2013 in the circumstances described in paragraph 8;

b

the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of Regulation (EU) 1380/2013 in the circumstances described in paragraph 8;

c

the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of Regulation (EU) 1380/2013 in the circumstances described in paragraph 8.

8

The circumstances referred to in paragraph 7 are circumstances where the power in paragraph 6 is treated as a power to amend or replace the national work plan by “a fisheries administration” instead of a power exercisable by the Secretary of State.

9

The Secretary of State must publish any amended or replacement versions of the national work plan together with a notice of the date on which any amendments or replacement versions take effect.

9

Omit Articles 7 to 11.

10

In Article 12—

a

in paragraph 1—

i

for “Member States shall” substitute “ A fisheries administration must ”, and

ii

for “their” substitute “ its ”;

b

in paragraph 2 for “Union” in each place it occurs, substitute “ United Kingdom ”; and

c

in paragraph 3 for “Union” substitute “ United Kingdom ”.

11

In Article 13 for “Member States shall” substitute “ A fisheries administration must ”.

12

In Article 14—

a

in paragraph 1 for “Member States shall be” substitute “ A fisheries administration is ”; and

b

in paragraph 2—

i

for “Member States shall” substitute “ A fisheries administration must ”, and

ii

omit point (c).

13

Omit Article 15.

14

In Article 16—

a

in paragraph 1 for “Member States shall” substitute “ A fisheries administration must ”; and

b

in paragraph 2—

i

for “ F6The Member State shall” substitute “ A fisheries administration must ”, and

ii

omit “and the Commission”.

15

In Article 17—

a

in paragraph 1—

i

for “Member States shall” substitute “ A fisheries administration must ”, and

ii

for “They” substitute “ It ”;

b

in paragraph 2—

i

for “Member States shall” substitute “ A fisheries administration must ”,

ii

for “Member State” substitute “ fisheries administration ”, and

iii

for “Member State concerned” substitute “ fisheries administration ”;

c

in paragraph 3 for “Member States shall” substitute “ a fisheries administration must ”;

d

in paragraph 4—

i

for “Member States shall” in the first place it occurs, substitute “ a fisheries administration must ”, and

ii

for “the Member States shall” substitute “ a fisheries administration must ”;

e

in paragraph 5 for “Member States” substitute “ a fisheries administration ”;

f

omit paragraph 6; and

g

in paragraph 7—

i

for “Member States” substitute “ a fisheries administration ”,

ii

for “Member States shall” substitute “ A fisheries administration must ”, and

iii

omit “and the Commission”.

16

Omit Articles 18 and 19.

17

In Article 20—

a

in paragraph 1—

i

in point (d) for “Commission and the Member States concerned” substitute “ fisheries administration ”,

ii

in point (e) for “ F4Member States concerned and the Commission ” substitute “ fisheries administration ”, and

iii

in point (f) for “Member State concerned” substitute “ fisheries administration ”;

b

omit paragraph 2; and

c

in paragraph 3 for “the Commission may allow the Member State concerned to” substitute “ a fisheries administration may ”.

18

In Article 21—

a

for “Member States shall” substitute “ A fisheries administration must ”;

b

for “their” substitute “ its ”; and

c

for “Union” substitute “ United Kingdom ”.

d

Omit Articles 22 to 24.

19

Omit Article 27.