11.—(1) Council Regulation (EC) No 850/98 for the protection of fishery resources through technical measures for the protection of juveniles of marine organisms is amended as follows.
(2) In Article 1—
(a)for “the maritime waters under the sovereignty or jurisdiction of the Member States” substitute “United Kingdom waters”; and
(b)for “26 and 33” substitute “26, 29g, 29h, 32a, 34b, 34d and 34e”.
(3) In Article 2—
(a)in paragraph 1 for “maritime waters” substitute “regions”;
(b)in paragraph 2 omit the final sentence; and
(c)omit paragraph 3.
(4) In Article 3—
(a)in paragraph (b) for “Regulation (EEC) No 2108/84” substitute “Commission Regulation (EC) No 517/2008”; and
(b)in paragraph (e) for “Regulation (EEC) No 2108/84” substitute “Commission Regulation (EC) No 517/2008”.
(5) In Article 4—
(a)in paragraph 2—
(i)in point (c)—
(aa)for “Article 6 of Regulation (EEC) No 2847/93” substitute “Articles 14 and 15 of Council Regulation (EC) No 1224/2009”, and
(bb)for “Union fishing”, in each place it occurs, substitute “United Kingdom”, and
(ii)in point (d) for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”;
(b)in paragraph 3 for “Article 6 of Regulation (EEC) No 2847/93” substitute “Articles 14 and 15 of Council Regulation (EC) No 1224/2009”;
(c)in paragraph 5 omit point (b); and
(d)omit paragraph 6.
(6) In Article 5(3) for “Article 6 of Regulation (EEC) No 2847/93” substitute “Articles 14 and 15 of Council Regulation (EC) No 1224/2009”.
(7) In Article 7(1) omit point (b).
(8) In Article 15 omit “29(4)(b), 29b(2), 29b(4)” in both places it occurs.
(9) In Article 16 omit the second paragraph.
(10) In Article 17—
(a)for “Union law” substitute “the law of any part of the United Kingdom”; and
(b)for “in an act adopted in accordance with” substitute “under”.
(11) For Article 18a substitute—
The power in Article 15(6) of Regulation (EU) No 1380/2013 for a fisheries administration to establish, as part of a discard plan, minimum conservation reference sizes for species subject to the landing obligation set out in Article 15 of that Regulation may be exercised so as to derogate, where appropriate, from the minimum conservation references sizes established in Annexes 12 and 12a to this Regulation.”.
(12) In Article 19(2)—
(a)for “Member States shall” substitute “a fisheries administration must”; and
(b)omit the words from “, such as support” to the end of the paragraph.
(13) In Article 19a(2) for “any other Union legal acts in the field of fisheries” substitute “relevant retained direct EU legislation”.
(14) In Article 20(3) for “on the east coast of Ireland and” substitute “in”.
(15) In Article 20a—
(a)in the heading for “Union” substitute “United Kingdom”; and
(b)in the first paragraph for “Union” substitute “United Kingdom”.
(16) In Article 22(3)—
(a)in the second subparagraph, for “control authority of the Member state in whose” substitute “relevant control authority for the”;
(b)in the third subparagraph, for “competent” in each place it occurs, substitute “relevant”; and
(c)in the final subparagraph, for “control authority of the Member state in whose” substitute “relevant control authority for the”.
(17) In Article 25—
(a)omit paragraph 2; and
(b)in paragraph 3 for “paragraphs 1 and 2” substitute “paragraph 1”.
(18) In Article 26(1)—
(a)in the first indent—
(i)for “the waters” substitute “United Kingdom waters”, and
(ii)omit “Member States’”; and
(b)in the second indent for “the waters under the sovereignty or jurisdiction of the Member States” substitute “United Kingdom waters”.
(19) In Article 28(2) for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”.
(20) Omit Articles 29 and 29b.
(21) In Article 29d—
(a)in paragraph 13 for “Each Member State concerned shall” substitute “A fisheries administration must”; and
(b)omit paragraphs 14 and 15.
(22) In Article 29f(4)—
(a)for the words from “8 of Council Regulation (EC) No 2347/2002” to “deep-sea stocks” substitute “16 of Regulation (EU) 2016/2336”;
(b)for “the tasks referred to in paragraph 4 of that Article” substitute “their usual tasks”; and
(c)for “On the basis of advice from STECF, Member States shall” substitute “A fisheries administration must”.
(23) In Article 29g—
(a)in paragraph 6—
(i)for “Member States shall” substitute “A fisheries administration must”,
(ii)for “flying its flag” substitute “within its fleet”, and
(iii)omit “by the competent authorities in the Member States”; and
(b)for paragraph 7 substitute—
“7. A fisheries administration must prohibit directed fishery for redfish in the waters referred to in paragraph 1 from the date that it is notified by the NEAFC Secretariat that the total allowable catch has been fully utilised.”.
(24) In Article 29h(1) omit “and Union waters of ICES sub-areas XII and XIV”.
(25) In Article 30—
(a)in the final subparagraph of paragraph 2, for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”; and
(b)in paragraph 3 for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”.
(26) In Article 31a—
(a)in paragraph 1—
(i)after “Article 31,” insert “United Kingdom fishing vessels”, and
(ii)for “shall” substitute “may”; and
(b)in paragraph 2—
(i)for “Electrical pulse fishing” substitute “United Kingdom fishing vessels fishing with beam trawl using electrical pulse current”, and
(ii)in point (a) for “the beam trawler fleet per Member State” substitute “all the beam trawlers in the United Kingdom fleet”.
(27) In Article 32(3) for “a special fishing permit” substitute “a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009” and for “The special fishing permit” substitute “The fishing authorisation”.
(28) In Article 32a(3)—
(a)for “the flag Member States” substitute “a fisheries administration”;
(b)for “the competent fisheries authorities of the flag Member State” substitute “a fisheries administration”; and
(c)for “The competent authorities of the flag Member State of the vessels shall” substitute “A fisheries administration must”.
(29) In Article 34—
(a)in the heading omit “and Ireland”;
(b)in paragraph 1 omit “and Ireland”;
(c)in paragraph 5 for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”; and
(d)omit paragraph 6.
(30) In Article 34b—
(a)in paragraph 1 for “Union” substitute “United Kingdom”;
(b)in paragraph 2(c) omit “Union” in each place it occurs;
(c)in paragraph 9—
(i)for “the Member States” substitute “a fisheries administration”, and
(ii)for “7 of Regulation (EC) 2347/2002” substitute “11 of Regulation (EU) 2016/2336”; and
(d)omit paragraph 11.
(31) In Article 34d(2) for “its flag State” substitute “a fisheries administration”.
(32) In Article 34e(3) omit “as defined in Article 4(15) of Regulation (EC) No 1224/2009”.
(33) Omit Articles 34f and 34g.
(34) Omit Title 6.
(35) In Article 43—
(a)in paragraph 1 for the words from “the Member State” to the end, substitute “a fisheries administration”; and
(b)in the first indent of paragraph 2 for the words from “Article 2” to the end, substitute “Article 33 of Regulation (EU) 1379/2013”.
(36) In Article 44—
(a)in paragraph 1—
(i)for “the Member State or Member States concerned” substitute “a fisheries administration”, and
(ii)omit the final sentence; and
(b)in paragraph 2 for “Article 2 of Regulation (EEC) No 3759/92” substitute “Article 33 of Regulation (EU) 1379/2013”.
(37) In Article 47—
(a)for “The Commission shall be empowered, for the purpose of adopting the acts referred to” substitute “When making regulations under the power”;
(b)for “and for the duration thereof, to” substitute “, a fisheries administration may”; and
(c)omit the words from “referred to in Article 7(2)” to “Article 18 of Regulation (EU) No 1380/2013,”.
(38) Omit Article 50.
(39) In Annex 1, in the table note for “Union legislation” substitute “relevant retained direct EU legislation”.
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 authority” substitute “appropriate certification authority”.
(5) Omit Articles 24 and 25.
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.
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—
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—
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.
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—
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 must” substitute “Article 17 of Regulation (EU) 1380/2013 shall”,
(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.
(12) In Article 19(1) for “Member States shall do their” substitute “A fisheries administration must do its”.
(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.
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.
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.
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.
19.—(1) Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries is amended as follows.
(2) In Article 2—
(a)in paragraph 1 for “Community provisions” substitute “applicable laws”;
(b)in paragraph 2 for “Community” substitute “United Kingdom”;
(c)in paragraph 3 for “Member State or Member States concerned” substitute “a fisheries administration”; and
(d)in paragraph 4 for “the Member States shall” substitute “A fisheries administration must”.
(3) In Article 3—
(a)for paragraph 1 substitute—
“1. Acoustic deterrent devices used in application of Article 2(1) must comply with the technical specifications and conditions of use set out in Annex II.”;
(b)in paragraph 2 for “Member States” substitute “a fisheries administration”; and
(c)omit paragraph 3.
(4) In Article 4—
(a)in paragraph 1—
(i)for “Member States shall” substitute “A fisheries administration must”, and
(ii)for “flying its flag” substitute “in its fleet”; and
(b)in paragraph 2 for “Member States shall” substitute “A fisheries administration must”.
(5) In Article 5—
(a)in paragraph 1—
(i)for the first sentence substitute “A fisheries administration must appoint independent and properly qualified and experienced personnel as observers.”, and
(ii)omit point (d);
(b)in paragraph 2 for “Member States” substitute “a fisheries administration”;
(c)in paragraph 3 for “flag Member State concerned” substitute “fisheries administration”; and
(d)in paragraph 4 for “flag Member State shall” substitute “A fisheries administration must”.
(6) Omit Articles 6 to 10.
(7) In Annex 1, in the table omit the entries for areas A and E.
(8) In Annex 3, in paragraph 2 for “Member States shall” substitute “a fisheries administration must”.
20.—(1) Council Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources is amended as follows.
(2) In Article 11a omit paragraphs 3 and 4.
(3) In Article 11b—
(a)in paragraph 3 for “the Member State” substitute “a fisheries administration”;
(b)in paragraph 4—
(i)for “Member State shall” substitute “fisheries administration must”, and
(ii)for “in the Member State” substitute “of the fisheries administration”;
(c)for paragraph 5 substitute—
“5. A United Kingdom fishing vessel using one or more drift nets referred to in paragraph 1 must keep on board the prior authorisation to fish issued by the competent authorities of a fisheries administration.”; and
(d)in paragraph 6 omit “in accordance with Article 31 of Regulation (EEC) No 2847/93”.
(4) For Article 11c substitute—
Articles 11, 11a and 11b apply in United Kingdom waters and, outside those waters, to all United Kingdom fishing vessels.”.
(5) Omit Articles 18 to 20.
21.—(1) 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) is amended as follows.
(2) In Article 1 for “Council Regulation (EEC) No 3880/91 of 17 December 1991” substitute “Annex III of Regulation (EC) No 218/2009”.
(3) Omit Article 4.
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.
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.
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.