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

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 M1 . 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

I1 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

M1 1995 c. 21.