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

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(1). 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.

(1)

1995 c. 21.