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

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 M1 . 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

I1 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

M1 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 M2 . 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

I2 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

M2 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 M3 . 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

I3 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

M3 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 M4 ; 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

I4 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

M4 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 M5 , 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

I5 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

M5 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

I6 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