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

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

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(1); 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,”.

(1)

1995 c. 21.