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

CHAPTER 9 AMENDMENT OF THE TECHNICAL CONSERVATION REGULATION

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

39.—(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 7(5) for “under the conditions laid down in Article 46” substitute “by regulations made under Article 46”.

(3) In Article 29d—

(a) in paragraph 7 for the final subparagraph substitute—

“A fisheries administration may, by regulations, determine which gears are to be considered to have equivalent high selectivity for the purpose of point (a).”; and

(b) for paragraph 10 substitute—

“10.   At least every two years following exit day, a fisheries administration must assess the characteristics of gears specified in paragraph 9 and obtain scientific advice on their appropriateness. If, following such advice, a fisheries administration considers the characteristics of any gears specified in paragraph 9 are no longer appropriate, it may, by regulations, amend paragraph 9.”.

(4) In Article 29h(2)—

(a) for “a Union legal act” substitute “regulations made by a fisheries administration”;

(b) for “Union vessels” substitute “United Kingdom vessels”;

(c) for “their respective Member State” substitute “a fisheries administration”; and

(d) omit “to the Commission”.

(5) For Article 45 substitute—

“Article 45

1.   Where the conservation of stocks of marine organisms calls for immediate action, a fisheries administration may, by regulations, adopt any measures necessary in addition to or by way of derogation from this Regulation

2.   Subject to paragraph 3, where the conservation of stocks of marine organisms calls for immediate action, the Secretary of State may, by regulations, adopt any measures necessary in addition to or by way of derogation from this Regulation.

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.

4.   Where the conservation of certain species or fishing grounds is seriously threatened, and where any delay would result in damage which would be difficult to repair, a fisheries administration may take appropriate conservation measures.”.

(6) For Article 46 substitute—

“Article 46

1.   A fisheries administration may, by regulations, take measures for the conservation and management of stocks which—

(a) in the case of strictly local stocks which are of interest solely to the United Kingdom, depart from the measures laid down in this Regulation; or

(b) in the case of shared stocks, comprise conditions or detailed arrangements designed to limit catches by technical measures supplementing or going beyond the minimum requirements laid down in this Regulation.

2.   Subject to paragraph 3, the Secretary of State may, by regulations, take measures for the conservation and management of stocks which—

(a) in the case of strictly local stocks which are of interest solely to the United Kingdom, depart from the measures laid down in this Regulation; or

(b) in the case of shared stocks, comprise conditions or detailed arrangements designed to limit catches by technical measures supplementing or going beyond the minimum requirements laid down in this Regulation.

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.

4.   Before making any regulations under this Article, 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.”.

(7) For Articles 48 and 48a substitute—

“Article 48 Implementation

1.   A fisheries administration may make regulations specifying detailed rules for the implementation of this Regulation including, in particular, the rules described in paragraph 4

2.   Subject to paragraph 3, the Secretary of State may make regulations specifying detailed rules for the implementation of this Regulation including, in particular, the rules described in paragraph 4

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.

4.   The rules referred to in paragraphs 1 and 2 are—

(a) technical rules for the determination of twine thickness;

(b) technical rules for the determination of mesh size;

(c) rules for sampling;

(d) lists and technical descriptions of devices that may be attached to nets;

(e) technical rules for measuring engine power;

(f) technical rules relating to square-meshed netting;

(g) technical rules relating to netting materials;

(h) amendments to rules for the use of mesh size combinations.

5.   Before making any regulations under this Article, 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 48a 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(1).

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(2).

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(3) 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(4)));

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

(1)

2010 asp 10.

(2)

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

(3)

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

(4)

2018 c. 16.