The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019

The Sea Fishing (EU Control Measures) (Scotland) Order 2015

13.—(1) The Sea Fishing (EU Control Measures) (Scotland) Order 2015(1) is amended as follows.

(2) In article 2(1)—

(a) after the definition of “British sea-fishery officer”, insert—

““control measure” means a requirement contained in a provision of the Control Regulation or Implementing Regulation, as read with any qualifying or supplementary provision in retained EU law (within the meaning of section 6(7) of the European Union (Withdrawal) Act 2018);”,

(b) in the definition of “equivalent provision”—

(i) for “EU control” substitute “control”,

(ii) for “EU (third country)” substitute “third country”,

(c) omit the definition of “EU control measure”,

(d) omit the definition of “EU instrument”,

(e) omit the definition of “EU recording and reporting requirement”,

(f) omit the definition of “EU (third county) control measure”,

(g) after the definition of “PLN number” insert—

““recording and reporting requirement” means any requirement under the Control Regulation or the Implementing Regulation to record, keep, notify, submit, transmit or communicate any information or document;”,

(h) in the definition of “third country”(2) for “a Member State” substitute “the United Kingdom”,

(i) after the definition of “third country”, insert—

““third country control measure” means a provision of Regulation 2017/2403 or the Control Regulation, relating to third country fishing boats, as read with any qualifying or supplementary provision in retained EU law (within the meaning of section 6(7) of the European Union (Withdrawal) Act 2018), and in particular—

(a)

Articles 32 to 34 of Regulation 2017/2043, as read with Article 38 of that Regulation,

(b)

Article 9(6) of the Control Regulation,

(c)

Article 14(8) of the Control Regulation,

(d)

Article 50(4) and (5) of the Control Regulation;”,

(3) In article 3(a), omit “for Union and”.

(1)

S.S.I. 2015/320.

(2)

That definition will be inserted by regulation 6(2)(d) of S.S.I. 2019/24.