The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 753

Exiting The European Union

Aquaculture

Sea Fisheries

The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

Made

28th March 2019

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(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 .

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.

Marginal Citations

M1 2018 c. 16.

PART 1 U.K. INTRODUCTORY

Citation and commencement U.K.

1.  These Regulations may be cited as the Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Revocations U.K.

2.  The legislation listed in the Schedule to these Regulations is revoked.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

PART 2 U.K. AMENDMENT OF THE REGIONAL FISHERIES MANAGEMENT ORGANISATIONS REGULATIONS

Prospective

Council Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation U.K.

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

Prospective

Council Regulation (EC) No 2115/2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation U.K.

F2 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries U.K.

5.—(1) Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries is amended as follows.

(2) In Article 1 for “Union” substitute “ United Kingdom ”.

(3) In Article 2 for “EU” substitute “ United Kingdom ”.

(4) In Article 3, at the end insert—

“14.   “United Kingdom fishing vessel” means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 M2 . A reference to the ‘fleet’ of a fisheries administration is a reference to all United Kingdom fishing vessels which are—

(a) in the case of the Secretary of State and the Marine Management Organisation, registered to a port in England;

(b) in the case of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, registered to a port in Northern Ireland;

(c) in the case of the Scottish Ministers, registered to a port in Scotland; or

(d) in the case of the Welsh Ministers registered to a port in Wales.”.

(5) In Article 4—

(a) in paragraph 1 for “Member States shall” substitute “ A fisheries administration must ”;

(b) in paragraph 3—

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

(ii) omit “the Commission or to the body designated by it and to”;

(c) in paragraph 4 omit “the Commission or to the body designated by it and to”; and

(d) omit paragraph 5.

(6) In Article 5—

(a) in the heading for “Union” substitute “ United Kingdom ”;

(b) for paragraph 1 substitute—

“1.   A fisheries administration must send to the NEAFC Secretary, in a computer-readable form, a list of United Kingdom fishing vessels in its fleet which are authorised to fish in the Regulatory Area, in particular the vessels authorised to fish directly for one or more regulated resources together with any amendments to the list. This information shall be sent no later than 31 December each year or no later than 5 days before the vessel enters the Regulatory Area.”; and

(c) omit paragraph 2.

(7) In Article 6—

(a) for paragraph 1 substitute—

“1.   A fisheries administration must ensure that gear used by fishing vessels in its fleet in the Regulatory Area is marked in accordance with Commission Implementing Regulation (EU) No. 404/2011.”; and

(b) in paragraph 2—

(i) for “Member States” substitute “ A fisheries administration ”, and

(ii) for “Regulation (EC) No 356/2005” substitute “ Regulation (EU) No. 404/2011 ”.

(8) In Article 7—

(a) in paragraph 1 for “the flag Member State shall” substitute “ a fisheries administration must ”; and

(b) in paragraph 2—

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

(ii) for “vessels flying their flag” substitute “ United Kingdom fishing vessels ”.

(9) In Article 8—

(a) in paragraph 1—

(i) for “Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993” substitute “ Articles 14 and 15 of Council Regulation (EC) No 1224/2009 ”,

(ii) omit “establishing a control system applicable to the common fisheries policy”, and

(iii) for “EU” substitute “ United Kingdom ”;

(b) in paragraph 2 for “EU” substitute “ United Kingdom ”; and

(c) in paragraph 3 for “Member States” substitute “ a fisheries administration ”.

(10) In Article 9—

(a) in paragraph 1—

(i) for “EU” substitute “ United Kingdom ”, and

(ii) omit “The data contained in such reports shall be accessible to the Commission on request.”;

(b) for paragraph 3 substitute—

“3.   A fisheries administration must record the data contained in the catch reports in a computerised database.”; and

(c) omit paragraph 4.

(11) In Article 10—

(a) for paragraphs 1 and 2 substitute—

“1.   A fisheries administration must inform the NEAFC Secretary by computer transmission before the 30th day of each month of the quantities of fishery resources caught in the Regulatory Area by United Kingdom fishing vessels which have been landed or transhipped during the preceding month.

2.   A fisheries administration must also inform the NEAFC Secretary by computer transmission before the 15th day of each month of the quantities of regulated resources caught in areas under the national fisheries jurisdiction of third countries and within United Kingdom waters of the Convention Area by United Kingdom fishing vessels which have been landed or transhipped during the preceding month.”; and

(b) omit paragraphs 3 and 4.

(12) In Article 11—

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

(b) for “vessels flying their flag” substitute “ United Kingdom fishing vessels ”;

(c) omit “the format and the specifications of these transmissions shall be determined in accordance with Article 50(2).”; and

(d) for “each Member State shall” in both places it occurs, substitute “ a fisheries administration must ”.

(13) In Article 12—

(a) in paragraph 1—

(i) for “Member States shall” in both places it occurs, substitute “ A fisheries administration must ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”; and

(b) in paragraph 2 for “Member States shall” substitute “ A fisheries administration must ”.

(14) In Article 13—

(a) in paragraph 1—

(i) for “EU” substitute “ United Kingdom ”, and

(ii) for “in their flag Member State” substitute “ of a fisheries administration ”;

(b) in paragraph 2 for “EU” substitute “ United Kingdom ”; and

(c) in paragraph 3 for “EU” substitute “ United Kingdom ”.

(15) In Article 14 for “EU” substitute “ United Kingdom ”.

(16) In Article 16—

(a) in paragraph 1 for “Member States whose fishing vessels” substitute “ A fisheries administration that has fishing vessels in its fleet which ”; and

(b) in paragraph 2—

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

(ii) omit the final sentence.

(17) In Article 17—

(a) omit paragraph 1;

(b) in paragraph 2—

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

(ii) for “their” substitute “ its ”;

(c) in paragraph 3 for “The Commission or the body designated by it shall” substitute “ A fisheries administration must ”;

(d) in paragraph 4—

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

(ii) for “vessels flying their flag” substitute “ United Kingdom fishing vessels ”; and

(e) in paragraph 5 for “national provisions” substitute “ applicable laws ”.

(18) In Article 18—

(a) in paragraph 1 for “Member States shall” substitute “ A fisheries administration must ”;

(b) in paragraph 2—

(i) for “The Commission or body designated by it shall” substitute “ A fisheries administration must ”,

(ii) for “Member States are” substitute “ a fisheries administration is ”, and

(iii) omit the words from “Where appropriate this list shall be taken from” to the end; and

(c) in paragraph 4—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the Commission or the body designated by it shall” substitute “ a fisheries administration must ”.

(19) In Article 19(1) omit “to the Commission or the body designated by it”.

(20) In Article 20—

(a) in paragraph 8 for “a Member State shall” substitute “ a fisheries administration must ”; and

(b) in paragraph 9 omit “the Commission or the body designated by it. The Commission or the body designated by it shall forward the copy promptly to”.

(21) In Article 22 for “Member States” substitute “ the United Kingdom ”.

(22) For Article 23 substitute—

“Article 23 U.K. Designated ports

1.   A fisheries administration must designate and notify the NEAFC Secretary of ports where the landing or transhipment of fishery resources, caught in the Convention Area by fishing vessels flying the flag of a Contracting Party other than the United Kingdom, or the provision of port services to such vessels, are permitted. A fisheries administration must notify the NEAFC Secretary of any changes to the list of ports designated, at least 15 days before the change comes into force.

2.   A fisheries administration must allow landings and transhipments of fish caught in the Convention Area by fishing vessels flying the flag of a Contracting Party other than the United Kingdom, as well as the provision of port services to such vessels, only in designated ports.”.

(23) In Article 24—

(a) in paragraph 1—

(i) for “the Member State” substitute “ a fisheries administration ”,

(ii) for “Member State” substitute “ fisheries administration ”, and

(iii) for “the Member State shall inform the Commission, or the body designated by it, and” substitute “ a fisheries administration must inform ”;

(b) in paragraph 2—

(i) for “Member State” substitute “ fisheries administration ”, and

(ii) for “the Member State shall inform the Commission, or the body designated by it, and” substitute “ a fisheries administration must inform ”;

(c) in paragraph 3 for “the port Member State shall” substitute “ a fisheries administration must ”; and

(d) omit the final sentence.

(24) In Article 25—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2 omit “Member State”;

(c) in paragraph 3—

(i) for “the port Member State” in both places it occurs, substitute “ a fisheries administration ”, and

(ii) for “national rules” substitute “ applicable laws ”;

(d) in paragraph 3a for “the port Member State” substitute “ a fisheries administration ”;

(e) in paragraph 4 for “the port Member State” substitute “ a fisheries administration ”; and

(f) omit paragraph 5.

(25) In Article 26—

(a) in paragraph 1 for “Each Member State shall” substitute “ A fisheries administration must ”;

(b) in paragraph 2a for “Each Member State shall” substitute “ A fisheries administration must ”;

(c) in paragraph 3 omit “National”;

(d) in paragraph 3a omit “National”; and

(e) in paragraph 4 for “The port Member State” substitute “ A fisheries administration ”.

(26) In Article 27(3) omit “, to the Commission or the body designated by it”.

(27) In Article 28 for “EU” substitute “ United Kingdom ”.

(28) In Article 29—

(a) in paragraph 1(d) for “the Commission or body designated by it” substitute “ a fisheries administration ”; and

(b) in paragraph 2—

(i) for “The Member State carrying out the inspection shall” in both places it occurs, substitute “ A fisheries administration must ”, and

(ii) omit “and to the Commission or the body designated by it”;

(c) in paragraph 3—

(i) for “The Member State carrying out the inspection shall” substitute “ A fisheries administration must ”, and

(ii) omit “the Commission or the body designated by it, which shall forward a copy to”.

(29) For Article 30 substitute—

“Article 30 U.K. Follow-up in the case of infringement

1.   Where a fisheries administration is notified by a Contracting Party of an infringement committed by a United Kingdom fishing vessel in its fleet, that administration must promptly obtain and consider the evidence of the infringement and conduct any further investigation necessary for the follow-up to the infringement, and where possible, inspect the fishing vessel concerned.

2.   A fisheries administration must designate a competent authority which is to receive evidence of infringements, and a fisheries administration must inform the NEAFC Secretary of the address of that authority and of any change in that information.”.

(30) In Article 32(1) omit “the Commission or the body designated by it,”.

(31) In Article 33—

(a) in the heading for “an EU” substitute “ a United Kingdom ”;

(b) in paragraph 1—

(i) for “Flag Member States shall” substitute “ A fisheries administration must ”, and

(ii) for “in the flag Member State and to the Commission or the body designated by it” substitute “ of the fisheries administration ”;

(c) in paragraph 2—

(i) for “flag Member States shall” substitute “ a fisheries administration must ”,

(ii) for “that flag Member State” substitute “ a fisheries administration ”, and

(iii) omit “under its authority”;

(d) in paragraph 3—

(i) for “The flag Member State” substitute “ A fisheries administration ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”;

(e) for paragraph 4 substitute—

“4.   If the fishing vessel is not called to port, a fisheries administration must provide due justification in a timely manner to the inspecting state and must forward such justification to the NEAFC Secretary.”;

(f) in paragraph 5 for “the flag Member State of the fishing vessel” substitute “ a fisheries administration ”; and

(g) omit paragraphs 6 and 7.

(32) In Article 34 for paragraph 1 substitute—

“1.   By 1 March each year, a fisheries administration must report to the NEAFC Secretary on the status of the proceedings concerning infringements of the conservation and management measures adopted by NEAFC which were committed during the previous calendar year. The infringements must continue to be listed in each subsequent report until the proceedings are concluded.”.

(33) In Article 35 for “Without prejudice to Article 77 of Regulation (EC) No 1224/2009, Member States shall collaborate with each other and” substitute “ a fisheries administration must collaborate ”.

(34) In Article 36—

(a) in paragraph 1 for “Each Member State shall report to the Commission or the body designated by it by 15 February” substitute “ A fisheries administration must report to the NEAFC Secretary by 1 March ”; and

(b) omit paragraph 2.

(35) In Article 38—

(a) in paragraph 1—

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

(ii) for “Commission or any body designated by it” substitute “ NEAFC Secretary ”, and

(iii) omit the final sentence; and

(b) in paragraph 2 for “The Member State which sighted the non-Contracting Party vessel shall” substitute “ If a fisheries administration sights a non-Contracting Party vessel it must ”.

(36) In Article 39—

(a) in paragraph 2—

(i) omit “the Commission or the body designated by it [F3 to],”,

(ii) for “Member State” substitute “ fisheries administration ”, and

(iii) omit the final sentence; and

(b) in paragraph 3 omit “the Commission or the body designated by it thereof. In turn the Commission or the body designated by it shall promptly inform”.

(37) In Article 40—

(a) for paragraph 1 substitute—

“1.   If, in accordance with Article 24, the master of a non-Contracting Party fishing vessel notifies a fisheries administration of intention to call into a port designated by a fisheries administration in accordance with Article 23, a fisheries administration must forward this information without delay to the flag state of the vessel and to the NEAFC Secretary.”;

(b) in paragraph 2—

(i) for “The port Member State shall” substitute “ A fisheries administration must ”, and

(ii) for “its” substitute “ United Kingdom ”; and

(c) in paragraph 3—

(i) for “the port Member State” substitute “ a fisheries administration ”, and

(ii) omit “the Commission or the body designated by it. In turn, the Commission or the body designated by it shall forward that information to”.

(38) In Article 41—

(a) in paragraph 1—

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

(ii) for “their” substitute “ its ”; and

(b) in paragraph 2—

(i) for “Member States” substitute “ the United Kingdom ”, and

(ii) omit “the Commission or the body designated by it, which shall forward such information to”.

(39) In Article 42—

(a) in paragraph 1 for “the port State” substitute “ a fisheries administration ”;

(b) in paragraph 2—

(i) for “Member [F4 States] shall” substitute “ a fisheries administration must ”,

(ii) in point (d), for “Member States have” substitute “ a fisheries administration has ”, and

(iii) in point (e), for “Member States have” substitute “ a fisheries administration has ”;

(c) in paragraph 3 for “the Member States” substitute “ a fisheries administration ”;

(d) in paragraph 4—

(i) for “Member States shall” substitute “ a fisheries administration must ”,

(ii) for “their” substitute “ its ”, and

(iii) omit “to the Commission or the body designated by it. It turn, the Commission or the body designated by it shall without delay forward this information”;

(e) in paragraph 5—

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

(ii) for “their” substitute “ its ”; and

(f) in paragraph 6—

(i) for “Member State” substitute “ fisheries administration ”, and

(ii) omit the final sentence.

(40) In Article 43—

(a) in paragraph 1—

(i) for “Each Member State shall” substitute “ A fisheries administration must ”, and

(ii) for “Commission or the body designated by it by 15 February” substitute “ NEAFC Secretary by 1 March ”;

(b) in paragraph 2—

(i) for “Member States” substitute “ a fisheries administration ”, and

(ii) for “Commission or the body designated by it” substitute “ NEAFC Secretary ”; and

(c) omit paragraph 3.

(41) In Article 44(1) for “Member States shall” substitute “ A fisheries administration must ”.

(42) In Article 45—

(a) in paragraph 1 for “In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States shall” substitute “ A fisheries administration must ”; and

(b) omit paragraph 2.

(43) Omit Articles 46 to 49.

(44) In Article 50 omit paragraph 1.

(45) Omit Articles 51 and 53.

(46) In Annex 1 omit the Appendix.

(47) In Annex 2—

(a) in the heading omit “PORT MEMBER STATE”;

(b) for “each port Member State” substitute “ a fisheries administration ”; and

(c) omit “port Member State” in the second place it occurs.

(48) In Annex 3—

(a) in the heading omit “PORT MEMBER STATE”; and

(b) omit “National”.

Textual Amendments

F3 Word in reg. 5(36)(a)(i) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in reg. 5(39)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 1995 c. 21.

Commission Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries U.K.

6.—(1) Commission Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on multilateral cooperation in the North-East Atlantic fisheries is amended as follows.

(2) In Article 1—

(a) in point (a) for “the flag Member State” substitute “ a fisheries administration ”; and

(b) for point (c) substitute—

“(c) “UKFR number” means the United Kingdom fleet register number of the vessel as referred to in Article 8 of Commission Implementing Regulation (EU) 2017/218;

(d) “United Kingdom fishing vessel” means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 M3 . A reference to the ‘fleet’ of a fisheries administration is a reference to all United Kingdom fishing vessels which are—

(i) in the case of the Secretary of State and the Marine Management Organisation, registered to a port in England,

(ii) in the case of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, registered to a port in Northern Ireland,

(iii) in the case of the Scottish Ministers, registered to a port in Scotland, or

(iv) in the case of the Welsh Ministers registered to a port in Wales.”.

(3) In Article 2—

(a) in paragraph 1—

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

(ii) omit “and to the European Fisheries Control Agency (the ‘Agency’)”; and

(b) in paragraph 2—

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

(ii) omit “established by Articles 114 and 116 of Regulation (EC) No. 1224/2009”.

(4) In Article 3—

(a) in the heading for “Union” substitute “ United Kingdom ”;

(b) in paragraph 1 for “CFR” substitute “ UKFR ”; and

(c) omit paragraph 2.

(5) In Article 5 for “Member States shall” substitute “ A fisheries administration must ”.

(6) In Article 6 for “Member States shall” substitute “ A fisheries administration must ”.

(7) Omit Articles 7 and 9.

(8) In Article 13—

(a) in paragraph 1 for “flag Member State shall” substitute “ a fisheries administration, in relation to United Kingdom fishing vessels, must ”; and

(b) in paragraph 2 for “the port Member State” substitute “ where the United Kingdom is the port country, a fisheries administration ”.

(9) In Article 14 omit “with a copy to the Commission”.

(10) Omit Chapter 5.

(11) In Article 17(2) for “Each Member State shall” substitute “ A fisheries administration must ”.

(12) In Article 18—

(a) in paragraph 1 for “Member States” substitute “ A fisheries administration ”;

(b) in paragraph 2 for “Member States” substitute “ A fisheries administration ”;

(c) in paragraph 3 for “Member States shall” substitute “ A fisheries administration must ”; and

(d) in paragraph 4 for “Member States” substitute “ A fisheries administration ”.

(13) In Article 19 omit paragraphs 1, 2 and 5.

(14) Omit Article 21.

(15) In Annex 1, in Part A, in table note (2) for “Each Member State shall ensure that its fishing vessels shall” substitute “ A fisheries administration must ensure that United Kingdom fishing vessels ”.

(16) In Annex 3—

(a) for “Community fleet register number (CFR)” in each place it occurs, substitute “ United Kingdom fleet register number (UKFR) ”; and

(b) omit “Unique Contracting Party vessel number as Member state (alpha -3 ISO code) followed by an identifying series (nine characters).” in each place it occurs.

(17) In Annex 10—

(a) in Part B for “Member States” substitute “ a fisheries administration ”;

(b) in Part D. 1—

(i) in the heading omit “by Member States”, and

(ii) for “each Member State shall” substitute “ a fisheries administration must ”.

(18) Omit Annex 12.

Commencement Information

I4 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 1995 c. 21.

Regulation (EU) 2017/2107 of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT) U.K.

7.—(1) Regulation (EU) 2017/2107 of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention area of the International Commission of the Conservation of Atlantic Tunas (ICCAT) is amended as follows.

(2) In Article 2—

(a) in point (a) for “Union” in both places it occurs, substitute “ United Kingdom ”;

(b) in point (b) for “Member States” substitute “ United Kingdom ”; and

(c) in point (c) for “Union” substitute “ United Kingdom ”.

(3) In Article 3—

(a) in the heading for “Union acts” substitute “ legislation ”; and

(b) omit the footnote.

(4) In Article 4—

(a) for point (5) substitute—

“(5) “United Kingdom fishing vessel” means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 M4 . A reference to a particular kind of fishing vessel is a reference to a United Kingdom fishing vessel of that kind. A reference to the ‘fleet’ of a fisheries administration is a reference to all United Kingdom fishing vessels which are—

(a) in the case of the Secretary of State and the Marine Management Organisation, registered to a port in England;

(b) in the case of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, registered to a port in Northern Ireland;

(c) in the case of the Scottish Ministers, registered to a port in Scotland; or

(d) in the case of the Welsh Ministers registered to a port in Wales;”; and

(b) in point (7) for “Union” substitute “ United Kingdom ”.

(5) In Article 5—

(a) in the heading for “Union” substitute “ United Kingdom ”; and

(b) for “Union” in each place it occurs, substitute “ United Kingdom ”.

(6) In Article 6—

(a) in paragraph 1—

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

(ii) for “flying their flag” substitute “ in its fleet ”; and

(b) in paragraph 2—

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

(ii) for “flying their flag” substitute “ in its fleet ”.

(7) In Article 7(1)—

(a) for “Member States shall notify the Commission” substitute “ A fisheries administration must notify the ICCAT Secretariat ”;

(b) for “30 days” substitute “ 45 days ”; and

(c) omit the final sentence.

(8) In Article 8—

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

(b) for “30 June” substitute “ 31 July ”;

(c) for “Commission” substitute “ ICCAT Secretariat ”;

(d) for “flying their flag” substitute “ in its fleet ”; and

(e) omit the final sentence.

(9) In Article 9—

(a) in paragraph 1—

(i) for “Member States shall, by 31 December” substitute “ a fisheries administration must, by 31 January ”,

(ii) for “Commission” substitute “ ICCAT Secretariat ”,

(iii) for “flying their flag” substitute “ in its fleet ”, and

(iv) omit the final sentence; and

(b) in paragraph 4—

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

(ii) for “purse seiner flying their flag” substitute “ United Kingdom purse seiner in its fleet ”.

(10) In Article 10(3)—

(a) for “Member States shall report to the Commission” substitute “ A fisheries administration must report to the ICCAT Secretariat ”; and

(b) omit the final sentence.

(11) In Article 11 for “Union” in each place it occurs, substitute “ United Kingdom ”.

(12) In Article 12—

(a) in the heading for “Member States” substitute “ a fisheries administration ”;

(b) for “Member States shall submit every year to the Commission, 15 days prior to the deadline established by ICCAT for the given year,” substitute “ A fisheries administration must submit every year to the ICCAT Secretariat ”;

(c) omit “, in order to make it available to the ICCAT Secretariat”; and

(d) in point (e) for “flag Member State” substitute “ flag State ”.

(13) Omit Article 13.

(14) In Article 14(3)—

(a) for “Each Member State whose vessels” substitute “ A fisheries administration that has vessels in its fleet which ”;

(b) in point (a) for “flying its flag” substitute “ in its fleet ”;

(c) in point (b) for “by 30 June to the Commission who shall notify ICCAT by 31 July” substitute “ by 31 July to the ICCAT Secretariat ”;

(d) in point (c) for “flying its flag” substitute “ in its fleet ”; and

(e) in point (d) for “Commission” substitute “ ICCAT Secretariat ”.

(15) For Article 16 substitute—

“Article 16 U.K. Identification of IUU fishing

If the ICCAT Executive Secretary notifies a fisheries administration of a possible violation by United Kingdom fishing vessels of Article 7(2) and Article 14(1) and (2), that fisheries administration must immediately investigate the situation and, if the vessel is fishing in association with objects that could affect fish aggregation, including FAD, must request the vessel to stop fishing and, if necessary, leave the area without delay. The fisheries administration concerned must without delay report to the ICCAT Secretariat the results of its investigation and the corresponding measures taken.”.

(16) In Article 17 for “Union” in both places it occurs, substitute “ United Kingdom ”.

(17) In Article 18—

(a) for “Member States that have” substitute “ A fisheries administration that has ”;

(b) for “Commission their” substitute “ ICCAT Secretariat its ”;

(c) for “15 August” substitute “ 15 September ”; and

(d) omit the final sentence.

(18) In Article 20—

(a) in paragraph 1 for “Member States shall” substitute “ A fisheries administration must ”;

(b) in paragraph 2—

(i) for the words from “8 January” until “the Commission” substitute “15 January of each year, a fisheries administration must submit to the [F5 ICCAT] Secretariat”,

(ii) in point (a) for “flying their flag” substitute “ in its fleet ”, and

(iii) in point (b) for “them” substitute “ it ”;

(c) omit paragraph 3; and

(d) in paragraph 4—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”,

(iii) for “30 days” substitute [F6 “45 days” ], and

(iv) omit the final sentence.

(19) In Article 21 for “Union” substitute “ United Kingdom ”.

(20) In Article 22—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”; and

(b) for paragraph 2 substitute—

“2.   By 31 July of each year, a fisheries administration must submit electronically to the ICCAT Secretariat the list of authorisations referred to in paragraph 1 and delivered for the previous year.”.

(21) For Article 23(2) substitute—

“2.   A fisheries administration must monitor the effectiveness of the closure and must submit to the ICCAT Secretariat at least two months before the ICCAT annual meeting all relevant information on appropriate controls and inspections carried out to ensure the compliance with paragraph 1.”.

(22) In Article 25(1) omit “By way of derogation from Article 12 of Council Regulation (EC) No 1967/2006,”.

(23) In Article 26—

(a) in paragraph 1—

(i) for “Member States shall submit to the Commission, by 30 June” substitute “ A fisheries administration must submit to the ICCAT Secretariat by 31 July ”,

(ii) for “flying their flag” substitute “ in its fleet ”, and

(iii) in point [F7 (a)(ii)] for “Union” substitute “ United Kingdom ”; and

(b) omit paragraph 3.

(24) In Article 27—

(a) in paragraph 1 for “Member States shall ensure that vessels flying their flag” substitute “ a fisheries administration must ensure that vessels in its fleet ”; and

(b) in paragraph 2 for “Member States” substitute “ A fisheries administration ”.

(25) In Article 28 for “Member State” in each place it occurs, substitute “ fisheries administration ”.

(26) In Article 29(1) for “Member States whose vessels” substitute “ A fisheries administration that has vessels in its fleet which ”.

(27) In Article 30(2) for “Member States shall” substitute “ A fisheries administration must ”.

(28) In Article 31(2) for “Union catching vessels shall” substitute “ United Kingdom catching vessels must ”.

(29) In Article 32(2) for “Union catching vessels shall” substitute “ United Kingdom catching vessels must ”.

(30) In Article 33—

(a) for “Member States shall” substitute “ A fisheries administration must ”; and

(b) for “Commission” substitute “ ICCAT Secretariat ”.

(31) In Article 34(2) for “Union catching vessels shall” substitute “ United Kingdom catching vessels must ”.

(32) In Article 35(2) for “Union catching vessels shall” substitute “ United Kingdom catching vessels must ”.

(33) In Article 36—

(a) in paragraph 2 for “Union” substitute “ United Kingdom ”; and

(b) in paragraph 3—

(i) for “Union” substitute “ United Kingdom ”,

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

(iii) for “Commission” substitute “ ICCAT Secretariat ”.

(34) In Article 37—

(a) in paragraph 1(d) for “the flag Member State, or in the case of chartered vessels, of the chartering CPC and the flag Member State” substitute “ a fisheries administration ”; and

(b) omit paragraph 3.

[F8 (35) In Article 38(5) omit the final sentence.]

(36) In Article 40—

(a) in paragraph 1—

(i) for “their flag Member State” substitute “ a fisheries administration ”,

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

(iii) for “Commission” substitute “ ICCAT Secretariat ”, and

(iv) omit the final sentence; and

(b) omit paragraph 2.

(37) In Article 41—

(a) in paragraph 1 for “flag Member State” substitute “ fisheries administration ”; and

(b) in paragraph 4 for “Member States shall” substitute “ A fisheries administration must ”.

(38) In Article 42—

(a) for the first sentence of paragraph 1 substitute “ A fisheries administration must collect and transmit to the ICCAT Secretariat, by 31 July each year, the information on the interactions of vessels in its fleet with sea turtles in ICCAT fisheries by gear type. ”; and

(b) omit paragraph 2.

(39) In Article 43—

(a) omit “In accordance with Article 17 of Regulation (EU) No 1380/2013”;

(b) for “them” substitute “ it ”;

(c) for “Member States shall” substitute “ a fisheries administration must ”; and

(d) for “Union” substitute “ United Kingdom ”.

(40) In Article 44—

(a) in paragraph 1—

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

(ii) for “flying their flag” substitute “ in its fleet ”;

(b) for paragraph 2 substitute—

“2.   A fisheries administration must submit to the ICCAT Secretariat, at the time of authorisation, the lists of large-scale fishing vessels authorised pursuant to paragraph 1.”; and

(c) for paragraph 3 substitute—

“3.   A fisheries administration must notify the ICCAT Secretariat, without delay and at the latest within 45 days, of any event requiring an addition to, deletion from or modification of the ICCAT record of large-scale fishing vessels.”.

(41) In Article 45 for “Union” in both places it occurs, substitute “ United Kingdom ”.

(42) In Article 46(1) for “Union catching vessels shall” substitute “ United Kingdom catching vessels must ”.

(43) In Article 47—

(a) in paragraph 1 for “the flag Member State shall notify the Commission” substitute “ a fisheries administration must notify the ICCAT Secretariat ”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for “The flag Member State shall” substitute “ A fisheries administration must ”, and

(ii) for “Commission” substitute “ ICCAT Secretariat ”; and

(d) omit paragraph 4.

(44) In Article 48—

(a) in paragraph 1—

(i) for “20 August” substitute “ 15 September ”,

(ii) for “Member States shall” substitute “ a fisheries administration must ”, and

(iii) for “Commission” substitute “ ICCAT Secretariat ”; and

(b) omit paragraph 2.

(45) In Article 49 omit paragraph 2.

(46) In Article 50—

(a) in paragraph 1 for the words before point (a) substitute—

“1.   A fisheries administration must transmit to the ICCAT Secretariat by 30 June each year the following data (Task 1 data):”;

(b) in paragraph 2 for the words before point (a) substitute—

“2.   A fisheries administration must transmit to the ICCAT Secretariat by 30 June each year the following data (Task II data) for the ICCAT species:”; and

(c) omit paragraphs 3 and 4.

(47) In Article 52—

(a) in paragraph 2 for “Union fishing vessels” substitute “ United Kingdom fishing vessels ”; and

(b) in paragraph 3 for “17 to 22” substitute “ 17, 19, 20, 21 and 22 ”.

(48) In Article 54—

(a) in paragraph 1 for “Member States shall” substitute “ A fisheries administration must ”;

(b) in paragraph 2—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”, and

(iii) omit the final sentence; and

(c) in paragraph 3—

(i) for “Flag Member States shall” substitute “ A fisheries administration must ”,

(ii) for “Commission” substitute “ ICCAT Secretariat ”, and

(iii) omit the final sentence.

(49) In Article 55—

(a) in paragraph 1—

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

(ii) for “flying their flag” substitute “ in its fleet ”;

(b) in paragraph 2—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”, and

(iii) omit the final sentence; and

(c) in paragraph 3—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”, and

(iii) omit the final sentence.

(50) In Article 56—

(a) in paragraph 2 for “their flag Member State” substitute “ a fisheries administration ”; and

(b) in paragraph 3 for “its flag Member State authorities” substitute “ the competent authorities of a fisheries administration ”.

(51) In Article 57 for “flag Member State” in each place it occurs, substitute “ fisheries administration ”.

(52) In Article 58(1) for “Each Member State shall” substitute “ A fisheries administration must ”.

(53) In Article 59—

(a) in paragraph 1—

(i) for “The flag Member State of” substitute “ A fisheries administration that has in its fleet ”,

(ii) for “and the flag Member State of carrier vessels” substitute “ or carrier vessels in its fleet ”,

(iii) for “15 August” substitute “ 15 September ”, and

(iv) for “Commission” substitute “ ICCAT Secretariat ”; and

(b) omit paragraph 2.

(54) In Article 60 for “The flag Member State” substitute “ A fisheries administration ”.

(55) In Article 61—

(a) in paragraph 1 for “Member States shall establish domestic” substitute “ A fisheries administration must establish ”;

(b) in paragraph 3—

(i) for “Member State” the first place it occurs, substitute “ fisheries administration ”, and

(ii) omit the final sentence; and

(c) in paragraph 4 for “The Commission shall” substitute “ A fisheries administration must ”.

(56) In Article 62 for “Member States shall” substitute “ A fisheries administration must ”.

(57) In Article 63—

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

(b) in paragraph 2 for “Member States shall” substitute “ A fisheries administration must ”.

(58) In Article 64—

(a) for “30 June” substitute “ 31 July ”;

(b) for “Member States shall” substitute “ a fisheries administration must ”;

(c) for “Commission” substitute “ ICCAT Secretariat ”; and

(d) omit the final sentence.

(59) In the heading for Chapter 6 for “Member State” substitute “ United Kingdom ”;

(60) In Article 65—

(a) in paragraph 1—

(i) for “Member States wishing to grant access to its” substitute “ A fisheries administration wishing to grant access to United Kingdom ”,

(ii) in point (a) for “their” substitute “ the ”; and

(b) in paragraph 2—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”,

(iii) for “30” substitute “ 14 ”, and

(iv) omit the final sentence.

(61) In Article 66—

(a) in paragraph 1—

(i) for “The inspecting Member State shall” substitute “ An inspecting fisheries administration must ”,

(ii) for “Commission” substitute “ ICCAT Secretariat ”,

(iii) for “10 days” substitute “ 14 days ”, and

(iv) omit the final sentence; and

(b) in paragraph 2—

(i) for “10 days” substitute “ 14 days ”,

(ii) for “inspecting Member State shall” substitute “ inspecting fisheries administration must ”, and

(iii) for “Commission” substitute “ ICCAT Secretariat ”.

(62) In Article 67—

(a) in the heading for “Member States” substitute “ a fisheries administration ”;

(b) for paragraph 1 substitute—

“1.   A fisheries administration must submit to the ICCAT Secretariat, at least 120 days before the ICCAT annual meeting, any documented information that indicates possible non-compliance of CPCs with ICCAT conservation and management measures.”; and

(c) in paragraph 2—

(i) for “Member States shall” substitute “ a fisheries administration must ”,

(ii) for “Commission” substitute “ ICCAT Secretariat ”,

(iii) for “140” substitute “ 120 ”, and

(iv) omit the final sentence.

(63) In Article 68 for “Member States shall” substitute “ A fisheries administration must ”.

(64) For Article 69 substitute—

“Article 69 U.K. Alleged non-compliance reported by the ICCAT Executive Secretary

If a fisheries administration receives from the ICCAT Executive Secretary any information indicating a suspected non-compliance by a vessel in its fleet, the fisheries administration must provide the ICAAT Executive Secretary, at least 30 days before the ICCAT annual meeting, with the findings of any investigation taken in relation to the allegations of non-compliance and any actions taken to address compliance issues.”.

(65) In Article 70—

(a) in paragraph 1 for “Member States shall” substitute “ A fisheries administration must ”;

(b) in paragraph 2—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”,

(iii) for “30” substitute “ 14 ”, and

(iv) omit the final sentence;

(c) in paragraph 3—

(i) for “Member State” in each place it occurs, substitute “ fisheries administration ”,

(ii) for “flying the flag of F9 ...” substitute “ in the fleet of ”,

(iii) for “160” substitute “ 180 ”, and

(iv) for “Commission” substitute “ ICCAT Secretariat ”;

(d) in paragraph 4—

(i) for “flag Member State” substitute “ fisheries administration ”, and

(ii) for “Commission” substitute “ ICCAT Secretariat ”; and

(e) for paragraph 5 substitute—

“5.   A fisheries administration must include in the annual report referred to in Article 71 information regarding the status of investigations and any enforcement actions undertaken.”.

(66) In Article 71—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ a fisheries administration must ”, and

(ii) for “Commission” substitute “ ICCAT Secretariat ”; and

(b) omit paragraphs 3 and 4.

(67) In Article 72—

(a) for “rules” substitute “ laws ”; and

(b) omit “, pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009”.

(68) Omit Articles 73 to 75.

(69) Omit Article 79.

(70) In Annex 4—

(a) in paragraph 1, in the second indent for “the Member State” substitute “ a fisheries administration ”;

(b) for paragraph 5 substitute—

“5.   The observers must comply with applicable laws and regulations.”; and

(c) in paragraph 7—

(i) in the heading for “the flag Member State” substitute “ a fisheries administration ”,

(ii) for “flag Member States” substitute “ fisheries administration ”, and

(iii) in point (e) for “the flag Member State shall” substitute “ a fisheries administration must ”.

(71) In Annex 7—

(a) in paragraph 1 for “Union” in both places it occurs, substitute “ United Kingdom ”;

(b) in paragraph 2.2 for “its flag Member State” substitute “ a fisheries administration ”;

(c) in paragraph 2.3 for “its flag Member State” substitute “ a fisheries administration ”; and

(d) for paragraph 5 substitute—

“5.   A fisheries administration must include in its annual report to ICCAT the details on the transhipments by vessels in its fleet.”.

(72) In Annex 8—

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

(b) in paragraph 7 for “of the flag Member State” substitute “ applicable in the United Kingdom or the relevant part thereof ”.

Textual Amendments

F5 Word in reg. 7(18)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 7(18)(d)(iii) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in reg. 7(23)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Reg. 7(35) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in reg. 7(65)(c)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I5 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 1995 c. 21.

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 U.K.

8.—(1) 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 is amended as follows.

(2) In Article 1(1) for “Union” substitute “ United Kingdom ”.

(3) In Article 3, in point (25) after “means” insert “ the United Kingdom, Member States and ”.

(4) In Article 13, omit “, including any applicable derogations thereto”.

(5) In Article 16—

(a) in paragraph 1—

(i) for “Each Member State shall” substitute “ A fisheries administration must ”, and

(ii) for “Commission” substitute “ ICCAT ”;

(b) in paragraph 4—

(i) for the first sentence substitute “ The catching of any Bluefin tuna by United Kingdom fishing vessels and United Kingdom traps shall be avoided. ”,

(ii) for “each Member State shall” substitute “ a fisheries administration must ”, and

(iii) omit “the Commission who shall forward it to”; and

(c) after paragraph 5 insert—

“6.   In this Article—

(a) ‘United Kingdom fishing vessel’ means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 M5 ; and

(b) ‘United Kingdom trap’ means a trap which is used by a United Kingdom fishing vessel.”.

(6) In Article 19—

(a) in paragraph 3 for “Each Member State shall” substitute “ A fisheries administration must ”;

(b) in paragraph 5—

(i) for “Each Member State shall” substitute “ A fisheries administration must ”,

(ii) for “Commission” in the first place it occurs, substitute “ ICCAT Secretariat ”, and

(iii) omit the final sentence.

(7) In Article 27—

(a) in paragraph 2—

(i) for “each Member State shall” substitute “ a fisheries administration must ”,

(ii) for “Commission” in the first place it occurs, substitute “ ICCAT Secretariat ”,

(iii) for “flying the flag of or registered in that Member State” substitute “ that are used by vessels in its fleet ”, and

(iv) omit the final sentence; and

(b) after paragraph 2 insert—

“3.   For the purposes of this Article, a vessel is in the fleet of a fisheries administration if the vessel is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and is—

(a) in the case of the Secretary of State and the Marine Management Organisation, registered to a port in England;

(b) in the case of Department of Agriculture, Environment and Rural Affairs in Northern Ireland, registered to a port in Northern Ireland;

(c) in the case of the Scottish Ministers, registered to a port in Scotland; or

(d) in the case of the Welsh Ministers, registered to a port in Wales.”.

(8) In Article 29—

(a) in paragraph 2 for the words from “the information” to “shall include” substitute “ a fisheries administration must submit the following information to the ICCAT Secretariat by 15 March each year ”;

(b) in paragraph 3—

(i) for “Each Member State shall” substitute “ a fisheries administration must ”, and

(ii) for “Commission” substitute “ ICCAT Secretariat ”; and

(c) omit paragraph 4.

(9) In Article 30—

(a) in paragraph 1 for “Each Member State shall” substitute “ A fisheries administration must ”;

(b) in paragraph 2 for “the port Member State shall” substitute “ a fisheries administration must ”;

(c) in paragraph 3—

(i) for “each Member State shall” substitute “ a fisheries administration must ”, and

(ii) omit “the Commission which shall transmit that information to”; and

(d) in paragraph 4—

(i) for “CPCs and Member States” substitute “ a fisheries administration ”, and

(ii) at the end insert “ or by CPCs other than the United Kingdom ”.

(10) In Article 32—

(a) in paragraph 3 for “The port Member State shall” substitute “ A fisheries administration, where the United Kingdom is the port country, must ”;

(b) in paragraph 4 omit “Member State or”;

(c) in paragraph 7 for “Member State authorities at the designated port” substitute “ authorities of a fisheries administration, where the designated port is in the United Kingdom, ”.

Commencement Information

I6 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M5 1995 c. 21.

Regulation (EU) No 640/2010 of the European Parliament and of the Council establishing a catch documentation programme for bluefin tuna Thunnus thynnus U.K.

9.—(1) Regulation (EU) No 640/2010 of the European Parliament and of the Council establishing a catch documentation programme for bluefin tuna Thunnus thynnus is amended as follows.

(2) In Article 1 omit “Union”.

(3) In Article 2—

[F10 (a) for point (b) substitute—

“(b) ‘Domestic trade’ means trade in Great Britain in bluefin tuna caught in the ICCAT Convention Area by a United Kingdom catching vessel or trap, which is landed in Great Britain, or which is caged in a farm established in the United Kingdom;”;

(b) in point (c)—

(i) after “third country” insert “or Northern Ireland”,

(ii) for “Union” in the first place it occurs, substitute “United Kingdom”, and

(iii) for “the territory of the Union” substitute “Great Britain”;

(c) in point (d), for “the territory of the Union” substitute “Great Britain”;

(d) in point (e), for “the territory of the Union” in both places it occurs, substitute “Great Britain”;]

(e) omit points (g) to (i); and

(f) at the end insert—

“(l) ‘United Kingdom fishing vessel’ means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 M6 , and which is any powered vessel used or intended for use for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, processing vessels, support vessels, towing vessels, vessels engaged in transhipment and transport vessels equipped for the transportation of tuna products and auxiliary vessels, except container vessels;

(m) ‘United Kingdom catching vessel’ means a United Kingdom fishing vessel used for the purposes of the commercial capture of bluefin tuna resources.”.

(4) In Article 3—

(a) in paragraph 1—

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

(ii) for “their” substitute “ its ”, F11 ...

[F12 (iia) after “ports,” insert “and”, and]

(iii) omit “, and harvested from [F13 their] farms”;

(b) in paragraph 2 for “[F14 the territory] of the Union” substitute “ [F15 Great Britain] ”;

(c) in paragraph 3—

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

(ii) for “a Member State” substitute “ a fisheries administration ”;

(d) omit paragraphs 4 to [F16 7;]

[F17 (da) in paragraph 8—

(i) for “Flag or trap Member States shall” substitute “A fisheries administration must only”, and

(ii) for “only to their” substitute “to”; and]

(e) in paragraph 9—

(i) for “flag or trap Member State” substitute “ United Kingdom ”, and

(ii) for “catching vessel” [F18 in the first place it occurs,] substitute “ United Kingdom catching vessel ”.

(5) In Article 4—

(a) for paragraph 2 substitute—

“2.   A fisheries administration must validate the catch document in circumstances where—

(a) the vessel in question is a United Kingdom fishing vessel; or

(b) the seller or exporter is established in [F19 Great Britain].

2A.   A fisheries administration must validate the catch document for all bluefin tuna only where—

(a) the catching vessel is a United Kingdom catching vessel;

(b) all the information contained in the catch document has been established to be accurate as a result of the verification of the lot;

(c) the accumulated amounts to be validated are within their quotas or catch limits of each management year, including, where appropriate, individual quotas allocated to catching vessels or traps; and

(d) the bluefin tuna complies with the relevant provisions of the ICCAT conservation and management areas.”;

(b) in paragraph 3 for “flag or trap Member State” substitute “ country ”; and

(c) in paragraph 6 for “Member State concerned” substitute “ fisheries administration ”.

(6) In Article 5—

(a) in paragraph 1—

(i) for “Member States may require their catching vessels” substitute “ A fisheries administration may require United Kingdom catching vessels in its fleet ”, and

(ii) for “Member State” substitute “ United Kingdom ”;

(b) for paragraph 2 substitute “ A summary of the implementation of the tagging programme must be submitted to the ICCAT Secretariat within a reasonable period of time. ”; and

(c) in paragraph 3 for “Member States'” substitute “the United Kingdom's”.

(7) In Article 6(1)—

(a) for “Member States shall” substitute “ A fisheries administration must ”; and

(b) for “their territory” substitute “ [F20 Great Britain] ”.

(8) In Article 7 for paragraph 1 substitute—

“1.   [F21 Where a re-export from Great Britain takes place], a fisheries administration must validate the re-export certificate.”.

(9) In Article 8—

(a) in paragraph 1—

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

(ii) omit point (a),

(iii) in point (b)—

(aa) omit “Member State or”, and

(bb) omit “domestically”; and

(b) in paragraph 2 for “Member States shall” substitute “ A fisheries administration must ”.

(10) In Article 9—

(a) in paragraph 1—

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

(ii) for “their” substitute “ its ”, and

(iii) for “their territory” substitute “ [F22 Great Britain] ”;

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

(c) for paragraph 4 substitute—

“4.   If a fisheries administration identifies a lot with no catch document, it must notify its findings to the exporting CPC and, where known, the flag CPC;”;

(d) in paragraph 5 for “Member States shall” substitute “ a fisheries administration must ”;

(e) in paragraph 6 for “Member State” substitute “ fisheries administration ”.

(11) In Article 10—

(a) in paragraph 1—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”;

(b) in paragraph 2 for “Commission” substitute “ ICCAT Secretariat ”;

(c) in paragraph 3—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”; and

(d) omit paragraph 4.

(12) In Article 11—

(a) in paragraph 1—

(i) for “15 September” substitute “ 1 October ”,

(ii) for “Member States shall” substitute “ a fisheries administration must ”, and

(iii) for “Commission” substitute “ ICCAT Secretariat ”; and

(b) omit paragraph 2.

(13) Omit Articles 12 to 15.

(14) Omit Articles 17 and 18.

(15) In Annex 4—

(a) in Part 1, in section (2) for “Member States” substitute “ A fisheries administration ”;

(b) in Part 2, in section (1)—

(i) in point (a) for “the flag or trap Member State” substitute “ a fisheries administration ”, and

(ii) in point (b) for “indicate the flag or trap Member State” substitute “ United Kingdom ”;

(c) in Part 3—

(i) in section (1), in point (a)—

(aa) for “the flag Member State” in each place it occurs, substitute “ a fisheries administration ”, and

(bb) for “the Member State concerned” substitute “ a fisheries administration ”,

(ii) in section (2) for “the flag Member State” substitute “ a fisheries administration ”;

(d) in Part 4, in section (1), in point (a)—

(i) for “the flag Member State” in each place it occurs, substitute “ a fisheries administration ”, and

(ii) for “the Member State concerned” substitute “ a fisheries administration ”;

(e) in Part 5—

(i) in section (1)—

(aa) in point (a) for “the flag Member State” substitute “ a fisheries administration ”, and

(bb) in point (b) omit “Member State or”, and

(ii) in section (2) for “The flag Member State” substitute “ A fisheries administration ”;

(f) omit Parts 6 and 7; and

(g) in Part 8—

(i) in section (1), in point (a) for “the Member State” substitute “ a fisheries administration ”, and

(ii) in section (2)—

(aa) for “Member State” in the first three places it occurs, substitute “ fisheries administration ”,

(bb) for “a Member State” substitute “ the United Kingdom ”, and

(cc) for “re-exporting Member State or” substitute “ the United Kingdom or re-exporting ”.

(16) In Annex 5—

(a) in section 2 omit “Re-exporting Member [F23 State]”; and

(b) in section 7 for “Member State” substitute “ United Kingdom ”.

(17) In Annex 6—

(a) omit “Member States or” in each place it occurs;

(b) for “Reporting Member State” substitute “ United Kingdom ”; and

(c) omit “Member States” in each place it occurs.

Textual Amendments

F10 Reg. 9(3)(a)-(d) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(a)

F11 Word in reg. 9(4)(a)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(i)(aa)

F12 Reg. 9(4)(a)(iia) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(i)(bb)

F13 Word in reg. 9(4)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in reg. 9(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(ii)(aa)

F15 Words in reg. 9(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(ii)(bb)

F16 Word in reg. 9(4)(d) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(iii)

F17 Reg. 9(4)(da) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(iv)

F18 Words in reg. 9(4)(e)(ii) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in reg. 9(5)(a) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(c)

F20 Words in reg. 9(7)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(d)

F21 Words in reg. 9(8) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(e)

F22 Words in reg. 9(10)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(f)

F23 Word in reg. 9(16)(a) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I7 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M6 1995 c. 21.

Commission Delegated Regulation (EU) No 2015/98 on the implementation of the Union's international obligations under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries U.K.

10.—(1) Council Delegated Regulation (EU) No 2015/98 on the implementation of the Union's international obligations under the International Convention for the Conservation of Atlantic Tunas and the Convention of Future Multilateral Cooperation in the Northwest Atlantic Fisheries is amended as follows.

(2) In Article 1—

(a) for “Union's” substitute “United Kingdom's”; and

(b) for “Union” in each place it occurs, substitute “ United Kingdom ”.

(3) In Article 4—

(a) in paragraph 2—

(i) in point (a) for “Article 9(1) of Regulation (EC) No 302/2009; or” substitute “ Article 14(1) of Regulation (EU) No 2016/1627 ”, and

(ii) omit point (b);

(b) in paragraph 3 for “Article 9(1) of Regulation (EC) No 302/2009” substitute “ Article 14(1) of Regulation 2016/1627 ”; and

(c) in paragraph 7 for “Member State” substitute “ fisheries administration ”.

(4) In Article 5a—

(a) in paragraph 3 for “that Member States establish in their” substitute “ a fisheries administration establishes in its ”; and

(b) in paragraph 4 for “Member States shall” substitute “ A fisheries administrations must ”.

(5) In Article 6a—

(a) in paragraph 1 for “a legally binding Union act shall” substitute “ applicable laws must ”;

(b) in paragraph 2 for “a legally binding Union act, shall” substitute “ applicable laws must ”.

(6) In Article 6b for “a legally binding Union act” substitute “ applicable laws ”.

(7) In Article 6c for “a legally binding Union act” substitute “ applicable laws ”.

(8) In Article 6d for “a legally binding Union act” substitute “ applicable laws ”.

(9) Omit Article 7.

Commencement Information

I8 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

PART 3 U.K. AMENDMENT OF THE TECHNICAL CONSERVATION REGULATIONS

Prospective

Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms U.K.

F24 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Reg. 11 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commission Regulation (EC) No 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets U.K.

12.—(1) Commission Regulation (EC) No 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets is amended as follows.

(2) In Article 1 omit “Community and national”.

(3) In Article 3—

(a) in paragraph 1 for “Community and national inspectors” substitute “ Inspectors ”; and

(b) in paragraph 5 for “national fisheries authorities” substitute “ the competent authorities of a fisheries administration ”.

(4) In Article 4—

(a) for “The calibrated test weights” substitute “ A fisheries administration must ensure that the calibrated test weights ”;

(b) for “shall be” substitute “ are ”; and

(c) for “competent national [F25 authorities] ” substitute “ appropriate certification authority ”.

(5) Omit Articles 24 and 25.

Textual Amendments

F25 Word in reg. 12(4)(c) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I9 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Council Regulation (EC) No 1984/2003 introducing a system for the statistical monitoring of trade in swordfish and bigeye tuna within the Community U.K.

13.—(1) Council Regulation (EC) 1984/2003 introducing a system for the statistical monitoring of trade in swordfish and bigeye tuna within the Community is amended as follows.

(2) In Article 1 for “Community” substitute “ United Kingdom ”.

(3) In Article 2—

(a) in point (a) for “Community” substitute “ United Kingdom ”;

(b) in point (b) for “Community” substitute “ United Kingdom ”; and

(c) in point (c) for “Community” substitute “ United Kingdom ”.

(4) In Article 3, in point (e) for “Community” substitute “ United Kingdom ”.

(5) In the heading for Section 1 of Chapter 2 for “on Member States” substitute “ in the United Kingdom ”.

(6) In Article 4—

(a) in paragraph 1 for “territory of the Community” substitute “ United Kingdom ”;

(b) in paragraph 3 for “the Member State in which the product is imported” substitute “ a fisheries administration ”; and

(c) in paragraph 4 for “The Member States shall ensure that their” substitute “ A fisheries administration must ensure that its ”.

(7) In the heading for Section 2 for “on Member States in respect of exports” substitute “ in respect of exports from the United Kingdom ”.

(8) In Article 5—

(a) in paragraph 1 for “Community” in both places it occurs, substitute “ United Kingdom ”;

(b) in paragraph 2 for point (b) substitute—

“(b) be validated by the competent authorities of a fisheries administration;”;

(c) in paragraph 3—

(i) for “The Member States shall” substitute “ A fisheries administration must ”, and

(ii) for “their” substitute “ its ”; and

(d) omit paragraph 4.

(9) In the heading for Section 3 for “on Member States in respect of re-exports” substitute “ in respect of re-exports from the United Kingdom ”.

(10) In Article 6—

(a) in paragraph 1—

(i) in point (a) for “Community” in both places it occurs, substitute “ United Kingdom ”, and

(ii) in point (b) for “territory of the Community” substitute “ United Kingdom ”;

(b) in paragraph 2 for point (b) substitute—

“(b) be validated by the competent authorities of a fisheries administration, in the circumstances where re-export is to take place from the United Kingdom, or the competent authorities of the third country from which the re-export has taken place;”;

(c) in paragraph 3—

(i) for “Member States which authenticate re-export certificates in accordance with paragraph 2(b)” substitute “ Where a fisheries administration has authenticated a re-export certificate in accordance with paragraph 2, it ”, and

(ii) for “The Member States shall” substitute “ A fisheries administration must ”;

(d) in paragraph 4 for “the Member State of importation or re-exportation” substitute “ a fisheries administration ”; and

(e) in paragraph 5—

(i) for “The Member States shall” substitute “ A fisheries administration must ”, and

(ii) for “their” substitute “ its ”.

(11) In the heading for Section 4 omit “for Member States”.

(12) In Article 7a—

(a) for paragraph 1 substitute—

“1.   In relation to large-scale pelagic longline vessels, when validating statistical documents, a fisheries administration must ensure that transhipments are consistent with the reported catch amount by each such vessel.”;

(b) in paragraph 2 for “The flag Member State of large-scale pelagic longline vessels shall” substitute “ A fisheries administration, in relation to large-scale pelagic longline vessels, must ”; and

(c) in paragraph 3—

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

(ii) for “their area or territory” substitute “ the United Kingdom ”.

(13) Omit Chapter 3.

(14) Omit Articles 11, 12 and 14.

Commencement Information

I10 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Council Regulation (EC) No 1185/2003 on the removal of fins of sharks on board vessels U.K.

14.—(1) Council Regulation (EC) No 1185/2003 on the removal of fins of sharks on board vessels is amended as follows.

(2) For Article 1 substitute—

“Article 1 U.K. Scope

This Regulation applies to the removal of shark fins, retention on board, transhipment and landing of shark fins by United Kingdom fishing vessels in maritime waters.”.

(3) For Article 6 substitute—

“Article 6 U.K. Reports

Where United Kingdom fishing vessels catch, retain on-board, tranship or land sharks, a fisheries administration must publish, annually, by 1 May, a comprehensive report on its implementation of this Regulation during the previous year. The report must describe the monitoring by the fisheries administration of compliance with this Regulation by vessels in its fleet, and the enforcement measures it has taken in cases of non-compliance. In particular, the fisheries administration must provide all of the following information—

(a) the number of landings of sharks;

(b) the number, date and place of the inspections that have been carried out;

(c) the number and nature of cases of non-compliance detected, including a full identification of the vessel(s) involved and the penalty applied for each case of non-compliance; and

(d) the total landings by species (weight/number) and by port.”.

(4) Omit Article 7.

Commencement Information

I11 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Council Regulation (EC) No 520/2007 laying down technical measures for the conservation of certain stocks of highly migratory species U.K.

15.—(1) Council Regulation (EC) No 520/2007 laying down technical measures for the conservation of certain stocks of highly migratory species is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Scope

Without prejudice to Article 9, this Regulation applies to United Kingdom fishing vessels.”.

(3) In Article 5 omit paragraph 2.

(4) In Article 8 omit paragraph 2.

(5) In Article 9(2) for “Community” substitute “ United Kingdom ”.

(6) In Article 12—

(a) in paragraph 1—

(i) for “The Council” substitute “ A fisheries administration ”,

(ii) for “Article 20 of Regulation (EU) No 2371/2002 [F26 shall]” substitute “ Article 17 of Regulation (EU) 1380/2013 [F27 must] ”,

[F28 (iia) in the words preceding point (a) for “Community” substitute “ United Kingdom ”,]

(iii) in point (a) for “Community” substitute “ United Kingdom ”, and

(iv) in point (b) for “Community” substitute “ United Kingdom ”;

(b) in paragraph 2—

(i) for “The Council” substitute “ A fisheries administration ”,

(ii) for “Article 20 of Regulation (EU) No 2371/2002 shall” substitute “ Article 17 of Regulation (EU) 1380/2013 must ”, and

(iii) for “Community” in both places it occurs, substitute “ United Kingdom ”;

(c) omit paragraph 3;

(d) for paragraph 4 substitute—

“4.   Before 31 May each year a fisheries administration must send the ICCAT Secretariat—

(a) a list of vessels in its fleet greater than 24 meters in length fishing for bigeye tuna; and

(b) a list of vessels in its fleet participating in a fishery targeting albacore tuna in the North Atlantic.”; and

(e) for paragraph 5 substitute—

“5.   The lists referred to in paragraph 4 must give the United Kingdom fishing fleet register number assigned to the vessel in accordance with Annex 1 to Commission Implementing Regulation (EU) 2017/218 on the Union fishing fleet register and the type of gear used.”.

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

(8) In Article 14—

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

(b) in paragraph 2 for “Member States shall” substitute “ A fisheries administration must ”.

(9) In Article 15 for “Member States shall” substitute “ A fisheries administration must ”.

(10) Omit Articles 16 and 17.

(11) In Article 18—

(a) in paragraph 1—

(i) for “The Council” substitute “ A fisheries administration ”,

(ii) for “Article 20 of Regulation (EU) No 2371/2002 shall” substitute “ Article 17 of Regulation (EU) 1380/2013 must ”, and

(iii) for “Community” in both places it occurs, substitute “ United Kingdom ”; and

(b) omit paragraph 2.

[F29 (12) In Article 19—

(a) in paragraph 1 for “Member States shall do their” substitute “ A fisheries administration must do its ”; and

(b) in paragraph 2 for “Member States shall” substitute “ A fisheries administration must ”.]

(13) In Article 20(1) for “Member States shall do their” substitute “ A fisheries administration must do its ”.

(14) In Article 22—

(a) in paragraph 1—

(i) for “The Council” substitute “ A fisheries administration ”,

(ii) for “Article 20 of Regulation (EU) No 2371/2002 shall” substitute “ Article 17 of Regulation (EU) 1380/2013 must ”, and

(iii) for “Community” in both places it occurs, substitute “ United Kingdom ”;

(b) omit paragraph 2; and

(c) for paragraph 3 substitute—

“3.   The lists referred to in paragraph 1 must give the United Kingdom fishing fleet register number assigned to the vessel in accordance with Annex 1 to Commission Implementing Regulation (EU) 2017/218 on the Union fishing fleet register and the type of gear used.”.

(15) In Article 23 for “Community” substitute “ United Kingdom ”.

(16) Omit Article 24.

(17) In Article 25—

(a) in paragraph 1 for “Member States shall” substitute “ A fisheries administration must ”;

(b) omit paragraphs 2 and 3;

(c) for paragraph 4 substitute—

“4.   A fisheries administration must send the IATTC Secretariat the breakdown of the DMLs among United Kingdom fishing vessels in its fleet by 1 February each year.”; and

(d) omit paragraph 5.

(18) In Article 28 for “Member States shall” substitute “ A fisheries administration must ”.

(19) In Article 29(2) for “Community” substitute “ United Kingdom ”.

(20) Omit Articles 30 and 32.

Textual Amendments

F26 Word in reg. 15(6)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(3)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F27 Word in reg. 15(6)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(3)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F28 Reg. 15(6)(a)(iia) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F29 Reg. 15(12) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(3)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I12 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Commission Regulation (EEC) No 3440/84 on the attachment of devices to trawls, Danish seines and similar nets U.K.

16.—(1) Commission Regulation (EEC) No 3440/84 on the attachment of devices to trawls, Danish seines and similar nets is amended as follows.

(2) Omit Article 16.

Commencement Information

I13 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Commission Regulation (EC) No 494/2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e U.K.

17.—(1) Commission Regulation (EC) No 494/2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e is amended as follows.

(2) In Article 1 for “fishing vessels” substitute “ United Kingdom fishing vessels ”.

(3) In Article 5(2)—

(a) for “Article 20(1) of Regulation (EEC) No 2847/93 of 1 October 1993 establishing a control system applicable to the common fisheries policy” substitute “ Article 47 of Council Regulation (EC) No 1224/2009 ”; and

(b) for “Article 20(1) of Regulation (EEC) No 2847/93” in both places it occurs, substitute “ Article 47 of Council Regulation (EC) No 1224/2009 ”.

(4) Omit Article 7.

Commencement Information

I14 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Commission Implementing Regulation (EU) No 737/2012 on the protection of certain stocks in the Celtic Sea U.K.

18.—(1) Commission Implementing Regulation (EU) No 737/2012 on the protection of certain stocks in the Celtic Sea is amended as follows.

(2) In Article 1(1) for “fishing vessels” substitute “ United Kingdom fishing vessels ”.

(3) In Article 2—

(a) in paragraph 3 for “assessed by the Scientific, Technical and Economic Committee for Fisheries (STECF) as having” substitute “ authorised by a fisheries administration, where scientific evidence confirms that the configuration has ”;

(b) in paragraph 4 for “assessed by the Scientific, Technical and Economic Committee for Fisheries (STECF) as having” substitute “ authorised by a fisheries administration, where scientific evidence confirms that the configuration has ”; and

(c) in paragraph 6—

(i) for “their flag Member State” substitute “ a fisheries administration ”, and

(ii) for “The flag Member State shall” substitute “ A fisheries administration must ”.

(4) In Article 3—

(a) for paragraph 1 substitute—

“1.   Where United Kingdom fishing vessels are affected by the technical measures referred to in Article 2, a fisheries administration must immediately establish an on board observer programme to record the effectiveness of those measures for vessels in its fleet. In particular, the observer programme must estimate haddock, whiting and cod catches and discards with a precision of no less than 20%.”; and

(b) omit paragraph 2.

(5) Omit Article 4.

Commencement Information

I15 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Prospective

Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries U.K.

F30 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Reg. 19 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Prospective

Council Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources U.K.

F31 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Reg. 20 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 4(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Prospective

Council Regulation (EC) No 2549/2000 establishing additional technical measures for the recovery of the stock of cod in the Irish Sea (ICES Division VIIa) U.K.

F32 21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Reg. 21 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 4(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

Council Regulation (EEC) No 1638/87 fixing the minimum mesh size for pelagic trawls used in fishing for blue whiting in that part of the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries which extends beyond the maritime waters falling within the fisheries jurisdiction of Contracting Parties to the Convention U.K.

22.—(1) Council Regulation (EEC) No 1638/87 fixing the minimum mesh size for pelagic trawls used in fishing for blue whiting in that part of the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries which extends beyond the maritime waters falling within the fisheries jurisdiction of Contracting Parties to the Convention is amended as follows.

(2) In Article 1—

(a) in paragraph 1 for “Vessels flying the flag of a Member State or registered in a Member State” substitute “ United Kingdom fishing vessels ”; and

(b) in paragraph 2 for “baord” substitute “ board ”.

(3) Omit Article 2.

Commencement Information

I16 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Commission Regulation (EC) No 2056/2001 establishing additional technical measures for the recovery of the stocks of cod in the North Sea and to the West of Scotland U.K.

23.—(1) Commission Regulation (EC) No 2056/2001 establishing additional technical measures for the recovery of the stocks of cod in the North Sea and to the West of Scotland is amended as follows.

(2) In Article 1(1) for “Community” substitute “ United Kingdom ”.

(3) In Article 4—

(a) in paragraph 4 omit the words from “However, during 2002” to the end;

(b) in paragraph 5 for “Article 20(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy” substitute “ Article 47 of Council Regulation (EC) No 1224/2009 ”.

(4) In Article 8(1) omit the second sentence.

(5) In Article 9—

(a) for “Notwithstanding” substitute “ Subject to obtaining the relevant licence or authorisation, and notwithstanding ”; and

(b) for “Community” substitute “ United Kingdom ”.

(6) Omit Article 10.

Commencement Information

I17 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Council Regulation (EEC) No 1899/85 establishing a minimum mesh size for nets used when fishing for capelin in that part of the zone of the Convention on future multilateral cooperation in the north-east Atlantic fisheries which extends beyond the maritime waters falling within the fisheries jurisdiction of Contracting Parties to the Convention U.K.

24.—(1) Council Regulation (EEC) No 1899/85 establishing a minimum mesh size for nets used when fishing for capelin in that part of the zone of the Convention on future multilateral cooperation in the north-east Atlantic fisheries which extends beyond the maritime waters falling within the fisheries jurisdiction of Contracting Parties to the Convention is amended as follows.

(2) In Article 1 for “Vessels flying the flag of, or registered in, a Member State shall be” substitute “ United Kingdom fishing vessels are ”.

(3) Omit Article 2.

Commencement Information

I18 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

PART 4 U.K. AMENDMENT OF THE NORTH SEA MULTIANNUAL PLAN

Regulation (EU) 2018/973 of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea U.K.

25.—(1) Regulation (EU) 2018/973 of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea is amended as follows.

(2) In Article 1—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for “Union waters” substitute “ United Kingdom waters ”, and

(bb) for “its adjacent waters” substitute “ adjacent United Kingdom waters ”, and

(ii) omit the final sentence;

(b) in paragraph 4—

(i) after “caught in” insert “ United Kingdom waters in ”, and

(ii) for “Union legal acts” substitute “ enactments ”; and

(c) in paragraph 5 for “Union waters” substitute “ United Kingdom waters ”.

(3) In Article 2, after point (8) insert—

“(9) ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M7 .”.

(4) In Article 3—

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

(b) in paragraph 3, in the second sentence—

(i) omit “Union”, and

(ii) for “as set out in Article 1(1) of Directive 2008/56/EC” substitute “ as referred to in regulation 4(1) of the Marine Strategy Regulations 2010 M8 ”; and

(c) after paragraph 4 insert—

“4A.   For the purposes of paragraph 4(b), in Annex 1 to Directive 2008/56/EC descriptor 9 is to be read as if the reference to “Community legislation” were a reference to “retained EU law”.”.

(5) In Article 4 for paragraphs 2 and 3 substitute—

“2.   A fisheries administration must request from ICES the ranges of F_MSY based on the plan.

3.   When fishing opportunities are determined for a stock they must be established in the lower range of F_MSY available at that time for that stock.”.

(6) In Article 6 for the words before point (a) substitute—

“A fisheries administration must request from ICES the following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) based on the plan—”.

(7) In Article 7(3) omit point (a).

(8) In Article 10—

(a) for paragraph 1 substitute—

“1.   When a fisheries administration [F33 distributes] fishing opportunities [F34 for use by fishing vessels] it must take account of the likely catch composition of fishing vessels participating in mixed fisheries.”;

(b) omit paragraph 2; and

(c) in paragraph 4—

(i) for “the Council” substitute “ any person determining fishing opportunities ”, and

(ii) omit “when fixing fishing opportunities”.

(9) In Article 12—

(a) in paragraph 1—

(i) for “each Member State shall” substitute “ a fisheries administration must ”,

(ii) for “flying its flag and” substitute “ in its fleets ”, and

(iii) for “Member States” substitute “ a fisheries administration ”;

(b) in paragraph 2 omit “, without prejudice to the capacity ceilings set out in Annex II to Regulation (EU) No 1380/2013,”; and

(c) in paragraph 3—

(i) for “Each Member State” substitute “ A fisheries administration ”, and

(ii) omit “to the Commission and the other Member States”.

(10) In Article 13—

(a) in the heading for “Union” substitute “ United Kingdom ”;

(b) in paragraph 1—

(i) for “the Union” in both places it occurs, substitute “ a fisheries administration ”, and

(ii) for “Union operators” substitute “ United Kingdom operators ”; and

(c) in paragraph 2 for “the Union” substitute “ a fisheries administration ”.

(11) Omit Chapters 10, 11 and 13.

(12) Omit Article 19.

Textual Amendments

F33 Word in reg. 25(8)(a) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in reg. 25(8)(a) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I19 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M7 2018 c. 16.

M8 S.I. 2010/1627.

PART 5 U.K. TRANSFER OF LEGISLATIVE FUNCTIONS

CHAPTER 1 U.K. AMENDMENT OF THE BASIC REGULATION

Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy U.K.

26.—(1) Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy is amended as follows.

[F35 (2) In Article 15 for paragraph 6 substitute—

“6.   A fisheries administration may make regulations laying down a specific discard plan for a particular fishery containing the specifications referred to in points (a) to (e) of paragraph 5 of this Article.

6A.   Subject to paragraph 6B, the Secretary of State may make regulations laying down a specific discard plan for a particular fishery containing the specifications referred to in points (a) to (e) of paragraph 5 of this Article.

6B.   Where the exercise of the power to make regulations under paragraph 6 would be outside the jurisdiction of the Secretary of State under Article 1(7), before making such regulations under the power in paragraph 6A 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);

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4);

(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).”.]

(3) In Article 24 for paragraph 4 substitute—

“4.   Subject to paragraph 5, the Secretary of State may make regulations establishing technical operational requirements for the recording, format and transmission of the information referred to in paragraph 1.

5.   Where, in the circumstances described in paragraph 6, the exercise of the power to make regulations under paragraph 4 would be outside the jurisdiction of the Secretary of State under Article 1(7), before making such regulations under that power 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) in the circumstances described in paragraph 6;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) in the circumstances described in paragraph 6;

(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) in the circumstances described in paragraph 6.

6.   The circumstances referred to in paragraph 5 are circumstances where the power in paragraph 4 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.”.

(4) For Article 47 substitute—

“Article 47 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M9 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M10 .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M11 as if they were a statutory instrument within the meaning of that Act.

8.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M12 ));

(b) make different provision for different purposes.”.

Textual Amendments

F35 Reg. 26(2) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 15(2)

Commencement Information

I20 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M9 2010 asp 10.

M10 S.I. 1979/1573 (N.I. 12).

M11 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

M12 2018 c. 16.

CHAPTER 2 U.K. AMENDMENT OF THE CONTROL REGULATION

Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy U.K.

27.—(1) Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy is amended as follows.

(2) In Article 7 for paragraph 5 substitute—

“5.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(3) In Article 8 for paragraph 2 substitute—

“2.   A fisheries administration may make regulations specifying detailed rules for the marking and identification of fishing vessels and their gear.”.

(4) In Article 9 for paragraph 10 substitute—

“10.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(5) In Article 14 for paragraph 10 substitute—

“10.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(6) In Article 15 for paragraph 9 substitute—

“9.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(7) In Article 17(6) for the words from “The Commission” to “Article 119, may” substitute “ A fisheries administration may, by regulations, ”.

(8) In Article 21—

(a) in paragraph 6 for the words from “The Commission” to “Article 119, may” substitute “ A fisheries administration may, by regulations, ”; and

(b) for paragraph 7 substitute—

“7.   A fisheries administration may, by regulations, specify transhipment procedures and forms.”.

(9) In Article 22 for paragraph 7 substitute—

“7.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(10) In Article 23 for paragraph 5 substitute—

“5.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(11) In Article 24 for paragraph 8 substitute—

“8.   A fisheries administration may, by regulations, specify landing declaration procedures and forms.”.

(12) For Article 32 substitute—

“Article 32 U.K. Detailed rules

A fisheries administration may make regulations specifying detailed rules for the application of this Section.”.

(13) In Article 40 for paragraph 6 substitute—

“6.   A fisheries administration may make regulations specifying detailed rules for the application of this Section.”.

F36 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36 (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) In Article 58—

(a) in paragraph 8—

(i) for “Member States” substitute “ A fisheries administration ”,

(ii) for “EUR 50” substitute “ £45 ”, and

(iii) for the final sentence substitute “ A fisheries administration may amend this threshold by regulations. ”; and

(b) for paragraph 9 substitute—

“9.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(17) In Article 59(3) for the final sentence substitute “ A fisheries administration may amend this threshold by regulations. ”.

(18) In Article 60 for paragraph 7 substitute—

“7.   A fisheries administration may make regulations specifying detailed rules on the risk-based methodology and procedure of weighing.”.

(19) In Article 64 for paragraph 2 substitute—

“2.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(20) In Article 65—

(a) omit paragraph 1; and

(b) in paragraph 2 for the final sentence substitute “ A fisheries administration may amend this threshold by regulations. ”.

(21) In Article 71 for paragraph 5 substitute—

“5.   A fisheries administration may, by regulations, specify the content of the surveillance report.”.

(22) In Article 73 for paragraph 9 substitute—

“9.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(23) In Article 75 for paragraph 2 substitute—

“2.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(24) In Article 76 for paragraph 4 substitute—

“4.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(25) In Article 78 for paragraph 2 substitute—

“2.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(26) In Article 92 for paragraph 5 substitute—

“5.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.”.

(27) In Article 95(1) for the words from “The Commission” to “may” substitute “ A fisheries administration may, by regulations, ”.

(28) For Article 119 substitute—

“Article 119 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M13 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M14 .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M15 as if they were a statutory instrument within the meaning of that Act.

8.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M16 ));

(b) make different provision for different purposes.”.

Textual Amendments

F36 Reg. 27(14)(15) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I21 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M13 2010 asp 10.

M14 S.I. 1979/1573 (N.I. 12).

M15 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

M16 2018 c. 16.

CHAPTER 3 U.K. AMENDMENT OF THE ILLEGAL, UNREPORTED AND UNREGULATED FISHING REGULATIONS

Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing U.K.

28.—(1) Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing is amended as follows.

(2) In Article 6(3) for the words from “The Commission” to “may” substitute “ A fisheries administration may, by regulations, ”.

(3) In Article 8 for paragraph 3 substitute—

“3.   A fisheries administration may, by regulations, specify landing and transhipment declaration procedures and forms.

3A.   Subject to paragraph 3B, the Secretary of State may, by regulations, specify landing and transhipment declaration procedures and forms.

3B.   Where the exercise of the power to make regulations under paragraph 3 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 3A 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 that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(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 that Regulation.”.

(4) In Article 9(1)—

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

(b) for “their” substitute “ its ”; and

(c) for the words from “, in accordance with” to “risk management,” substitute “ . A fisheries administration may, by regulations, specify benchmarks for such inspections determined on the basis of risk management. Benchmarks specified in regulations made under this paragraph are ”.

(5) In Article 12 for paragraph 5 substitute—

“5.   A fisheries administration may, by regulations, amend the list of the products in Annex 1 excluded from the scope of the requirement for a catch certificate on the basis of a review of the results of the information gathered under Chapters 2, 3, 5 and 8.

6.   Subject to paragraph 7, the Secretary of State may, by regulations, amend the list of the products in Annex 1 excluded from the scope of the requirement for a catch certificate on the basis of a review of the results of the information gathered under Chapters 2, 3, 5 and 8.

7.   Where the exercise of the power to make regulations under paragraph 5 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 6 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 that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(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 that Regulation.”.

(6) In Article 16(3) omit the final subparagraph.

(7) After Article 16 insert—

“Article 16A U.K. Regulations relating to the status of approved economic operator

1.   A fisheries administration may, by regulations, specify rules relating to the status of approved economic operator.

2.   Subject to paragraph 3, the Secretary of State may, by regulations, specify rules relating to the status of approved economic operator

3.   Where the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 2 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 that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(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 that Regulation.”.

(8) In Article 27 for paragraph 1 substitute—

“1.   The United Kingdom IUU vessel list is, subject to any amendments made by virtue of this Article or Article 28, the list contained in Commission Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing.

1A.   The Secretary of State may, by regulations, amend the United Kingdom IUU vessel list to include any vessel—

(a) included in an IUU vessel list adopted by a regional fisheries management organisation;

(b) in relation to which, further to measures taken pursuant to Articles 25 and 26, the information obtained in accordance with this Regulation establishes is engaged in IUU fishing; and

(c) whose flag state has not complied with the official request referred to in Article 26(2)(b) and (c) in response to an allegation of IUU fishing.

1B.   The remaining paragraphs of this Article apply to the inclusion of a vessel on the United Kingdom IUU vessel list under points (b) and (c) of paragraph 1A.”.

(9) For Article 28 substitute—

“Article 28 U.K. Removal of fishing vessels from the United Kingdom IUU vessel list

1.   Subject to paragraphs 2 and 3, the Secretary of State may, by regulations, remove a fishing vessel from the United Kingdom IUU vessel list in accordance with the provisions of paragraphs 4 to 7.

2.   Where a vessel was added to the United Kingdom IUU vessel list because it was included in an IUU vessel list adopted by a regional fisheries management organisation, the Secretary of State must have regard to any decisions taken with regard to that vessel by the relevant regional fisheries management organisation when making any decision regarding the removal of that vessel from the United Kingdom IUU vessel list.

3.   The Secretary of State may only make regulations under this Article with the consent of the other fisheries administrations.

4.   The Secretary of State may remove a fishing vessel under paragraph 1 if the Secretary of State is satisfied that the vessel's flag state has demonstrated that—

(a) the vessel did not engage in any of the IUU fishing activities for which it was placed on the list; or

(b) proportionate, dissuasive and effective sanctions have been applied in response to the IUU fishing activities in question.

5.   The owner or, where appropriate, the operator of a fishing vessel included on the United Kingdom IUU vessel list may submit a request to the Secretary of State to review the status of that vessel in case of inaction by the flag state under paragraph 4.

6.   Where a request is submitted under paragraph 4, the Secretary of State may consider the removal of a fishing vessel under paragraph 1 if the owner or operator provides evidence as to the fact that the fishing vessel—

(a) is no longer engaged in IUU fishing; or

(b) has sunk or has been scrapped.

7.   In all other cases, the Secretary of State may only consider removing a fishing vessel under paragraph 1 if the following conditions are fulfilled—

(a) at least two years have elapsed since the fishing vessel was included on the United Kingdom IUU vessel list during which no further reports of alleged IUU fishing by the vessel have been received by a fisheries administration in accordance with Article 25;

(b) the owner submits information relating to the current operation of the fishing vessel that demonstrates that it is operating in full conformity with relevant United Kingdom and international laws and any conservation and management measures that apply to any fisheries in which it is participating; and

(c) the fishing vessel concerned, its owner or operator, maintain no operational or financial links, whether direct or indirect, with any other vessel, owner or operator presumed or confirmed to be engaged in IUU fishing.”.

(10) In Article 29—

(a) for the heading substitute— “ Content and publicity of the United Kingdom IUU vessel list ”;

(b) in paragraph 1, for the first sentence substitute “ Regulations made by the Secretary of State under Article 27(1A) must contain the following information for each vessel included on the United Kingdom IUU vessel list— ”;

(c) for paragraph 2 substitute—

“2.   The Secretary of State must take such measures as the Secretary of State feels necessary to ensure the publicity of the United Kingdom IUU vessel list as amended from time to time under Article 27(1A) or Article 28. In particular, the Secretary of State must publish the vessel list on a website that is accessible to the public.”; and

(d) omit paragraph 3.

(11) For Articles 33 and 34 substitute—

“Article 33 U.K. Establishment of a list of non-cooperating countries

1.   Subject to paragraph 2, the Secretary of State may, by regulations, amend the United Kingdom list of non-cooperating countries to add any country to the list as a result of the provisions of Articles 31 and 32.

2.   The Secretary of State may only make regulations under this Article with the consent of the other fisheries administrations.

3.   The Secretary of State must, without delay, notify any country added to the United Kingdom list of non-cooperating countries by regulations made under paragraph 1 of—

(a) its inclusion on the list, and

(b) the measures applied in accordance with Article 38,

and request the country to rectify the current situation and to advise on the measures taken to ensure compliance with conservation and management measures by its fishing vessels.

4.   The “United Kingdom list of non-cooperating countries” is the list contained in Council Implementing Decision 2014/170/EU establishing a list of non-cooperating third countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 subject to any amendments made by virtue of this Article or Article 34.

Article 34 U.K. Removal from the list of non-cooperating countries

1.   The Secretary of State may, by regulations, remove a country from the United Kingdom list of non-cooperating countries where the Secretary of State is satisfied that the country has demonstrated that the situation that warranted its inclusion on the list has been rectified.

2.   In reaching a decision under paragraph 1, the Secretary of State must take into consideration whether the country concerned has taken concrete measures capable of achieving the lasting improvement of the situation.

3.   The Secretary of State may only make regulations under this Article with the consent of the other fisheries administrations.”.

(12) For Article 54 substitute—

“Article 54 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M17 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M18 .

4.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M19 ));

(b) make different provision for different purposes.

Article 54A U.K. Regulations: the Secretary of State

1.   Except as specified in paragraph 2, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2.   A statutory instrument containing regulations made by the Secretary of State under Article 8(3) or (3A) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Article 54B U.K. Regulations: the Welsh Ministers

1.   Except as specified in paragraph 2, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of National Assembly for Wales.

2.   A statutory instrument containing regulations made by the Welsh Ministers under Article 8(3) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

Article 54C U.K. Regulations: the Scottish Ministers

1.   Except as specified in paragraph 2, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

2.   Regulations made by the Scottish Ministers under Article 8(3) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Article 54D U.K. Regulations: Northern Ireland

1.   Except as specified in paragraph 2, regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M20 as if they were a statutory instrument within the meaning of that Act.

2.   Regulations may not be made by the Department under Article 8(3) unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.”.

Commencement Information

I22 Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M17 2010 asp 10.

M18 S.I. 1979/1573 (N.I. 12).

M19 2018 c. 16.

M20 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

Regulation (EU) No 1026/2012 of the European Parliament and of the Council on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing U.K.

29.—(1) Regulation (EU) No 1026/2012 of the European Parliament and of the Council on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing is amended as follows.

(2) For Article 4 substitute—

“Article 4 U.K. Measures in respect of countries allowing non-sustainable fishing

1.   A fisheries administration may, by regulations, adopt the measures specified in paragraph 3 in respect of a country allowing non-sustainable fishing.

2.   Subject to paragraph 4, the Secretary of State may, by regulations, adopt the measures specified in paragraph 3 in respect of a country allowing non-sustainable fishing.

3.   The measures referred to in paragraphs 1 and 2 are—

(a) identifying that country as a country allowing non-sustainable fishing;

(b) identifying, where necessary, the specific vessels or fleets of that country to which certain measures are to apply;

(c) imposing quantitative restrictions on importations of fish from the stock of common interest that have been caught under the control of that country and on importations of fishery products made of or containing such fish;

(d) imposing quantitative restrictions on importations of fish of any associated species, and fishery products made of or containing such fish, when caught while conducting fisheries on the stock of common interest under the control of that country; any regulations made under the powers in paragraphs 1 and 2 adopting this measure must determine the species and their catches falling within the scope of the measure;

(e) imposing restrictions on the use of United Kingdom ports by vessels flying the flag of that country that fish the stock of common interest and/or associated species and by vessels transporting fish and fishery products stemming from the stock of common interest and/or associated species that have been caught either by vessels flying the flag of that country or by vessels authorised by it while flying another flag; such restrictions must not be applied in cases of force majeure or distress within the meaning of Article 18 of the UNCLOS for services strictly necessary to remedy those situations;

(f) prohibiting the purchase by United Kingdom economic operators of a fishing vessel flying the flag of that country;

(g) prohibiting the reflagging of United Kingdom fishing vessels to the flag of that country;

(h) prohibiting the chartering of United Kingdom fishing vessels to economic operators of that country;

(i) prohibiting the exportation to that country of United Kingdom fishing vessels or of fishing equipment and supplies needed to fish on the stock of common interest;

(j) prohibiting the conclusion of private trade arrangements between United Kingdom economic operators and that country that enable a United Kingdom fishing vessel to use fishing opportunities of that country;

(k) prohibiting joint fishing operations involving United Kingdom fishing vessels and fishing vessels flying the flag of that country.

4.   Where the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 2 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 that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(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 that Regulation.”.

(3) In Article 5(4) for “the Commission” substitute “ a fisheries administration ”.

(4) In Article 7 for paragraph 2 substitute—

“2.   A fisheries administration may, by regulations, determine whether the conditions specified in paragraph 1 have been complied with and, where necessary, provide that the measures adopted in respect of the country concerned pursuant to Article 4 cease to apply.

3.   Subject to paragraph 4, the Secretary of State may, by regulations, determine whether the conditions specified in paragraph 1 have been complied with and, where necessary, provide that the measures adopted in respect of the country concerned pursuant to Article 4 cease to apply.

4.   Where the exercise of the power to make regulations under paragraph 2 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 3 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 that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(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 that Regulation.”.

(5) For Article 8 substitute—

“Article 8 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M21 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M22 .

4.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M23 ));

(b) make different provision for different purposes.

5.   Before making any regulations under Article 4 of this Regulation, a fisheries administration must consult—

(a) such bodies or persons as appear to the fisheries administration to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the fisheries administration may consider appropriate.

Article 8A U.K. Regulations: the Secretary of State

1.   Except as specified in paragraph 2, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2.   A statutory instrument containing regulations made by the Secretary of State under Article 4(1) or (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Article 8B U.K. Regulations: the Welsh Ministers

1.   Except as specified in paragraph 2, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of National Assembly for Wales.

2.   A statutory instrument containing regulations made by the Welsh Ministers under Article 4(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

Article 8C U.K. Regulations: the Scottish Ministers

1.   Except as specified in paragraph 2, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

2.   Regulations made by the Scottish Ministers under Article 4(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Article 8D U.K. Regulations: Northern Ireland

1.   Except as specified in paragraph 2, regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M24 as if they were a statutory instrument within the meaning of that Act.

2.   Regulations may not be made by the Department under Article 4(1) unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.”.

Commencement Information

I23 Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M21 2010 asp 10.

M22 S.I. 1979/1573 (N.I. 12).

M23 2018 c. 16.

M24 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

CHAPTER 4 U.K. AMENDMENT OF THE MULTIANNUAL PLANS AND EFFORT REGIMES

Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European Eel U.K.

30.—(1) Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European Eel is amended as follows.

(2) For Article 5 substitute—

“Article 5 U.K. Amendment and continuing implementation of Eel Management Plans

1.   A fisheries administration may amend an Eel Management Plan provided that, on the basis of a technical and scientific evaluation of the proposed amendments, the fisheries administration is satisfied that the requirements of this Regulation will continue to be met by the amended Plan.

2.   Before amending an Eel Management Plan, a fisheries administration must consult such persons or bodies as the fisheries administration considers appropriate.

3.   Following any amendment of an Eel Management Plan in accordance with this Article, the fisheries administration must, without delay, publish the amended version of the Eel Management Plan together with a notice specifying the date on which the amendments will take effect and an explanation of how they will be implemented.

4.   A fisheries administration must ensure that each Eel Management Plan is correctly implemented.

5.   A fisheries administration may permit fishing for eel of the species Anguilla anguilla the whole year round provided that the fishery in question conforms to the specifications and restrictions set out in the relevant Eel Management Plan.”.

(3) In Article 7 omit paragraph 6.

Commencement Information

I24 Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Council Regulation (EC) No 1954/2003 on the management of the fishing effort relating to certain Community fishing areas and resources U.K.

31.—(1) Council Regulation (EC) No 1954/2003 on the management of the fishing effort relating to certain Community fishing areas and resources is amended as follows.

(2) For Article 12 substitute—

“Article 12 U.K. Adaptations

1.   Subject to paragraphs 2 and 3, the Secretary of State may, by regulations, adjust the maximum annual fishing effort in Article 11 either by an increase of the maximum fishing effort in a particular area or division, or by a shift of fishing effort between areas or divisions.

2.   Where, in the circumstances described in paragraph 4, the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under that power 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 that Regulation in the circumstances described in paragraph 4;

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

(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 that Regulation in the circumstances described in paragraph 4.

3.   Before making any regulations under this Article, the Secretary of State must—

(a) obtain scientific information on the relevant fishing stocks; and

(b) consult—

(i) such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations,

(ii) such other bodies or persons as the Secretary of State may consider appropriate.

4.   The circumstances referred to in paragraph 2 are circumstances where the power in paragraph 1 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.

5.   Regulations made by the Secretary of State under this Article are to be made by statutory instrument.

6.   A statutory instrument containing regulations made under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.

7.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M25 ));

(b) make different provision for different purposes.”.

Commencement Information

I25 Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M25 2018 c. 16.

CHAPTER 5 U.K. AMENDMENT OF THE DATA COLLECTION FRAMEWORK REGULATION

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 U.K.

32.—(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) For Article 4 substitute—

“Article 4 U.K. Multiannual programme

1.   A fisheries administration may, by regulations, establish a multiannual programme for the collection and management of data referred to in Article 1(1), in accordance with the content and the criteria set out in Article 5.

2.   Subject to paragraph 3, the Secretary of State may, by regulations, establish a multiannual programme for the collection and management of data referred to in Article 1(1), in accordance with the content and the criteria set out in Article 5.

3.   Where the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 2 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 that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(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 that Regulation.”.

(3) For Article 25 substitute—

“Article 25 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M26 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M27 .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M28 as if they were a statutory instrument within the meaning of that Act.

8.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M29 ));

(b) make different provision for different purposes.”.

Commencement Information

I26 Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M26 2010 asp 10.

M27 S.I. 1979/1573 (N.I. 12).

M28 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

M29 2018 c. 16.

CHAPTER 6 U.K. AMENDMENT OF THE COMMON ORGANISATION OF THE MARKETS REGULATIONS

Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products U.K.

33.—(1) Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products is amended as follows.

(2) For Article 21 substitute—

“Article 21 U.K. Regulations on recognition of producer organisations and inter-branch organisations

1.   A fisheries administration may make regulations in relation to the time limits and procedures and the form of applications for the recognition of producer organisations and inter-branch organisations pursuant to Articles 14 and 16 respectively, or for the withdrawal of such recognition pursuant to Article 18.

2.   When making regulations under paragraph 1, a fisheries administration must consider, where appropriate, adapting the regulations to the special characteristics of small-scale fisheries and aquaculture.”.

(3) For Article 29 substitute—

“Article 29 U.K. Regulations on production and marketing plans

A fisheries administration may make regulations in relation to the format and structure of the production and marketing plan referred to in Article 28 and the procedure and time limits for the submission by producer organisations and the approval of such plans.”.

(4) For Article 43 substitute—

“Article 43 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M30 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M31 .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M32 as if they were a statutory instrument within the meaning of that Act.

8.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M33 ));

(b) make different provision for different purposes.”.

Commencement Information

I27 Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M30 2010 asp 10.

M31 S.I. 1979/1573 (N.I. 12).

M32 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

M33 2018 c. 16.

Council Regulation (EC) No 2406/96 laying down common marketing standards for certain fishery products U.K.

34.—(1) Council Regulation (EC) No 2406/96 laying down common marketing standards for certain fishery products is amended as follows.

(2) In Article 2 for paragraph 3 substitute—

“3.   A fisheries administration may make regulations specifying detailed rules for the application of this Article.

4.   Subject to paragraph 5, the Secretary of State may make regulations specifying detailed rules for the application of this Article.

5.   Where the exercise of the power to make regulations under paragraph 3 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 4 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 that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(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 that Regulation.

6.   Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.”.

(3) In Article 8 for paragraph 4 substitute—

“4.   A fisheries administration may make regulations specifying detailed rules for the application of this Article, in particular as regards the method of weighing and the determination of a variation in the net weight, above or below that marked or presumed, permitted for each lot.

5.   Subject to paragraph 6, the Secretary of State may make regulations specifying detailed rules for the application of this Article, in particular as regards the method of weighing and the determination of a variation in the net weight, above or below that marked or presumed, permitted for each lot.

6.   Where the exercise of the power to make regulations under paragraph 4 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 5 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 that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(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 that Regulation.

7.   Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.”.

(4) For Article 9 substitute—

“Article 9 U.K.

1.   Pelagic species may be graded in the different categories of freshness and size on the basis of a system of sampling. This system must ensure that the freshness and size of the products contained in the lot are as uniform as possible.

2.   A fisheries administration may make regulations specifying detailed rules for the application of this Article, in particular for determining the number of samples to be taken, the weight or volume of fish in each sample, and the methods for assessing the grading and verifying the weight of lots offered for sale.

3.   Subject to paragraph 4, the Secretary of State may make regulations specifying detailed rules for the application of this Article, for determining the number of samples to be taken, the weight or volume of fish in each sample, and the methods for assessing the grading and verifying the weight of lots offered for sale.

4.   Where the exercise of the power to make regulations under paragraph 2 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 3 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 that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(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 that Regulation.

5.   Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.”.

(5) In Article 10—

(a) in the first paragraph for “Community” substitute “ United Kingdom ”; and

(b) for the second paragraph substitute—

“A fisheries administration may, by regulations, determine the zones in question and the corresponding marketing sizes. Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.”.

Commencement Information

I28 Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Council Regulation (EEC) No 2136/89 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products U.K.

35.—(1) Council Regulation (EEC) No 2136/89 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products is amended as follows.

(2) For Article 8 substitute—

“Article 8 U.K.

A fisheries administration may make regulations in relation to the application of this Regulation, in particular the sampling plan for assessing conformity of manufacturing batches with the requirements of this Regulation.

Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.”.

Commencement Information

I29 Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Council Regulation (EEC) No 1536/92 laying down common marketing standards for preserved tuna and bonito U.K.

36.—(1) Council Regulation (EEC) No 1536/92 laying down common marketing standards for preserved tuna and bonito is amended as follows.

(2) For Article 8 substitute—

“Article 8 U.K.

1.   A fisheries administration may make regulations in relation to the application of this Regulation.

2.   Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.”.

Commencement Information

I30 Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

CHAPTER 7 U.K. AMENDMENT OF THE NORTH-EAST ATLANTIC DEEP SEA STOCKS AND INTERNATIONAL WATERS REGULATION

Regulation (EU) 2016/2336 of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic U.K.

37.—(1) Regulation (EU) 2016/2336 of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic is amended as follows.

(2) For Article 7 substitute—

“Article 7 U.K. Existing deep-sea fishing areas

1.   Using relevant VMS records or, if VMS records are not available, other relevant verifiable information, a fisheries administration must seek to establish the locations of the fishing activities of vessels catching more than 10 tonnes each calendar year to which it has granted deep-sea fishing authorisations.

2.   On the basis of the information referred to in paragraph 1, as well as on the basis of the best available scientific and technical information, a fisheries administration may, by regulations, determine the existing deep-sea fishing areas.”.

(3) In Article 8—

(a) for paragraph 5 substitute—

“5.   By way of derogation from paragraph 2, a fisheries administration may, by regulations, authorise exploratory fisheries in locations outside the existing deep-sea fishing areas provided that—

(a) an impact assessment conducted in accordance with the standards set out in the 2008 FAO International Guidelines for the management of Deep-Sea Fisheries in the High Seas has been produced and, having assessed that impact assessment, the fisheries administration is satisfied it is appropriate to authorise the exploratory fishery in question;

(b) the fisheries administration has obtained advice from a scientific advisory body and, having assessed that advice, the fisheries administration is satisfied it is appropriate to authorise the exploratory fishery in question; and

(c) the authorisation is subject to appropriate mitigation measures to prevent an encounter with or effectively protect VMEs.”;

(b) in paragraph 6 for the words from “The Commission, after” to “the Commission may” substitute “ Regulations made under paragraph 5 may ”;

(c) in paragraph 7 for “paragraph 6” substitute “ paragraphs 5 and 6 ”; and

(d) in paragraph 8 for the words from “On the basis” to “by means of implementing acts,” substitute “ A fisheries administration may, by regulations, adjust ”.

(4) In Article 9 for paragraphs 6 and 7 substitute—

“6.   On the basis of—

(a) the best scientific and technical information available;

(b) an assessment of areas where VMEs are known to occur or likely to occur, carried out by a competent scientific advisory body; and

(c) any assessments and identifications carried out by a fisheries administration,

a fisheries administration may, by regulations, establish a list of areas where VMEs are known to occur or are likely to occur.

6A.   A fisheries administration must review any regulations made under paragraph 6 annually on the basis of advice received from a competent scientific advisory body and, where appropriate, amend the list by regulations. The fisheries administration may remove an area from the list provided that it determines, on the basis of an impact assessment and after consulting the competent scientific advisory body, that there is sufficient evidence to indicate that VMEs are not present, or that appropriate conservation and management measures have been adopted which ensure that significant adverse impacts on VMEs in that area are prevented.

7.   A fisheries administration may review, on the basis of the best available scientific information, the VME indicators and may, by regulations, amend the list included in Annex 3.”.

(5) For Article 18 substitute—

“Article 18 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M34 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M35 .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M36 as if they were a statutory instrument within the meaning of that Act.

8.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M37 ));

(b) make different provision for different purposes.”.

Commencement Information

I31 Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M34 2010 asp 10.

M35 S.I. 1979/1573 (N.I. 12).

M36 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

M37 2018 c. 16.

F37 CHAPTER 8 U.K. AMENDMENT OF THE EUROPEAN MARITIME AND FISHERIES FUND REGULATION

Textual Amendments

F37 Pt. 5 Ch. 8 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 15(3)

Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund U.K.

38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38 CHAPTER 9 U.K. AMENDMENT OF THE TECHNICAL CONSERVATION REGULATION

Textual Amendments

F38 Pt. 5 Ch. 9 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms U.K.

39.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 10 U.K. AMENDMENT OF THE FISHING VESSEL CHARACTERISTICS REGULATION

Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels U.K.

40.—(1) Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels is amended as follows.

(2) In Article 5—

(a) in paragraph 3 for the words from “The Commission” to “amendment of” substitute “ The Secretary of State may, by regulations, amend ”; and

(b) after paragraph 3 insert—

“4.   Regulations made by the Secretary of State under paragraph 3 are to be made by statutory instrument.

5.   A statutory instrument containing regulations made by the Secretary of State under paragraph 3 is subject to annulment in pursuance of a resolution of either House of Parliament.

6.   Before making any regulations under paragraph 3, the Secretary of State must consult—

(a) the Scottish Ministers;

(b) the Welsh Ministers;

(c) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; and

(d) such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations and such other bodies or persons as the Secretary of State may consider appropriate.”.

Commencement Information

I32 Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

PART 6 U.K. AMENDMENT OF OTHER MEASURES

Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing U.K.

41.—(1) Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing is amended as follows.

(2) In Article 12 after paragraph 4 insert—

“4A.   The Secretary of State may enter into arrangements with other flags states to the effect that, for fisheries products obtained from catches made by fishing vessels flying the flag of the state in question, the catch certificate may be—

(a) in a form which does not contain all of the information specified in the specimen shown in Annex 2; or

(b) replaced by electronic traceability systems,

provided the Secretary of State is satisfied that the same level of control by authorities is ensured.

4B.   Before entering into arrangements under paragraph 4A, the Secretary of State must consult—

(a) the Scottish Ministers;

(b) the Welsh Ministers; and

(c) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.”.

(3) In Article 15—

(a) in paragraph 1 for the word “The” in the first place it occurs, substitute “ Where the Secretary of State has entered into arrangements under paragraph 3, the ”; and

(b) at the end insert—

“3.   The Secretary of State may enter into arrangements with other states to the effect that exports of fisheries products obtained from catches made by United Kingdom fishing vessels to the state in question will be subject to the validation of a catch certificate.

4.   Before entering into arrangements under paragraph 3, the Secretary of State must consult—

(a) the Scottish Ministers;

(b) the Welsh Ministers; and

(c) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.”.

Commencement Information

I33 Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture U.K.

42.—(1) Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture is amended as follows.

[F39 (1A) In Article 23, for the second and third paragraphs substitute—

“To facilitate the sharing of information contained in its register, the appropriate authority must use the information system set out in Commission Regulation 535/2008.

The appropriate authority may, by regulations, amend provisions of Commission Regulation 535/2008 relating to the establishment and development of an information system.”.]

(2) In Article 24—

(a) for paragraph 1 substitute—

“1.   The appropriate authority may, by regulations, amend Annex 1 or 3 in order to adapt them to technical and scientific progress.

1A.   The Secretary of State may, by regulations—

(a) amend Annex 2 in order to adapt it to technical and scientific progress;

(b) amend Annex 4 so as to add a species.

[F40 (c) amend Article 2 of Commission Regulation (EC) 535/2008 to adapt the specifications for the conditions necessary for adding species to Annex 4, as provided for in paragraph 3.”];

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for the words from “In order” to “have” substitute “ Regulations under paragraph 1A(b) may only be made where the Secretary of State is satisfied that the aquatic organism has ”, and

(ii) for “Union” substitute “ United Kingdom ”;

(d) after paragraph 3 insert—

“3A.   In paragraph 3, “long time (with reference to its life cycle)” and “adverse effect” have the meanings given in Article 2 of Commission Regulation (EC) No 535/2008.”; and

(e) omit paragraphs 4 to 6.

(3) Omit Articles 24a to 24c.

(4) Before Article 25 insert—

“Article 24d U.K. Regulations: devolved legislative function

1.   This Article applies to regulations made under Article [F41 Articles 23 and 24(1)].

2.   Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.

3.   For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M38 .

F42 4.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.   A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

6.   A statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

7.   Regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

F42 8.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M39 ));

(b) make different provision for different purposes.

Article 24e U.K. Regulations: consent required

1.   This Article applies to regulations made under Article 24(1A).

2.   The Secretary of State may only make regulations in relation to the whole of [F43 Great Britain].

3.   The Secretary of State may not make regulations without the consent of—

(a) in relation to Wales, the Welsh Ministers;

(b) in relation to Scotland, the Scottish Ministers;

F44 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   Where [F45 either] of the parties mentioned in paragraph 3(a) [F46 or (b)] requests that the Secretary of State make regulations to which this Article applies, the Secretary of State must have regard to that request.

5.   Regulations made by the Secretary of State are to be made by statutory instrument.

6.   A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

7.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.”.

Textual Amendments

F39 Reg. 42(1A) inserted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(2)

F40 Words in reg. 42(2)(a) inserted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(3)

F41 Words in reg. 42(4) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(a)(i)

F42 Words in reg. 42(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(a)(ii)

F43 Words in reg. 42(4) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(b)(i)

F44 Words in reg. 42(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(b)(ii)

F45 Word in reg. 42(4) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(b)(iii)(aa)

F46 Words in reg. 42(4) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(b)(iii)(bb)

Commencement Information

I34 Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M38 2010 asp 10.

M39 2018 c. 16.

F47 PART 7 U.K. AMENDMENT OF SUBORDINATE LEGISLATION

Textual Amendments

F47 Pt. 7 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 4(4); 2020 c. 1, Sch. 5 para. 1(1)

The Sea Fishing (Enforcement) Regulations 2018 U.K.

F47 43.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Secretary of State

Robert Goodwill

Minister of State

Department for Environment, Food and Rural Affairs

Regulation 2

SCHEDULE U.K. REVOCATIONS

The following legislation is revoked—

(a) Council Regulation (EU) 2018/120 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters;

(b) Commission Implementing Decision of 19 March 2014 establishing a specific control and inspection programme for fisheries exploiting stocks of bluefin tuna in the Eastern Atlantic and the Mediterranean, swordfish in the Mediterranean and for fisheries exploiting stocks of sardine and anchovy in the Northern Adriatic Sea;

(c) Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea;

F48 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Commission Regulation (EC) No 1922/1999 laying down detailed rules for the application of Council Regulation (EC) No 850/98 as regards conditions under which vessels exceeding eight metres length overall shall be permitted to use beam trawls within certain waters of the Community.

Textual Amendments

F48 Sch. para. (d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 4(5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I35 Sch. in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(a), (b), (c), (d) and (g)) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to retained direct EU legislation in the fields of the common fisheries policy of the European Union and alien and locally absent species in aquaculture. They also make a minor amendment to another Statutory Instrument.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.