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

The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010

4.—(1) The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010(1) is amended as follows.

(2) In article 2—

(a) in paragraph (1)—

(i) in the definition of “EU (third country) recording and reporting requirement” for “Regulation 1006/2008 or Regulation 201/2010” substitute “Regulation 2017/2403 or the Control Regulation”,

(ii) omit the definition of “Regulation 1006/2008”,

(iii) omit the definition of “Regulation 201/2010”,

(iv) in the definition of “Regulation 404/2011” at the end, insert “, as last amended by Commission Implementing Regulation (EU) 2015/1962(2),”,

(v) after the definition of “Regulation 404/2011” insert—

““Regulation 2017/2403” means Council Regulation (EU) 2017/2403 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008(3),”,

(vi) after the definition of “Scottish fishing boat” insert—

““third country” means any country other than a Member State,”,

(vii) for the definition of “third country fishing boat” substitute—

““third country fishing boat” means a fishing vessel as defined in Article 4 of the Control Regulation, which flies the flag of, or is registered in, a third country”,

(b) in paragraph (5), for “Regulations 1006/2008, 201/2010 and 404/2011,” substitute “Regulations 2017/2403 and 404/2011,”.

(3) In article 6(2), for ““control measures” in Article 22 of Regulation 1006/2008” substitute ““the rules governing the fishing operations of Union vessels” in Article 32(2) of Regulation 2017/2403”.

(4) In the table in schedule 1—

(a) in column 1—

(i) in entry 1(a), omit “and Article 13(1) of Regulation 1006/2008”,

(ii) in entry 2, for “Regulation 1077/2008” substitute “Regulation 404/2011”.

(5) In the table in schedule 2—

(a) in entry 1, in column 1, for “Regulation 1006/2008” substitute “Regulation 2017/2403”,

(b) in entry 1(a), in column 1, for “Article 22” substitute “Article 32(2)”,

(c) in entry 1(b), in column 1, for “Article 23(1)” substitute “Article 38(1) and (2)”,

(d) in entry 2—

(i) for “Regulation 201/2010” substitute “Regulation 1224/2009”,

(ii) in paragraph (a), for “Article 8 and Annex II” substitute “Article 14(8)”,

(e) omit column 2,

(f) in column 3, for the subject matter for entry 1(a), substitute—

“In relation to third country fishing boats authorised to engage in fishing activities in EU waters—

Requirement to comply with the rules governing the fishing operations of Union vessels in the fishing area in which the third country fishing boat operates.”,

(g) in column 3, for the subject matter for entry 1(b), substitute—

“In relation to third country fishing boats undertaking fishing activities in EU waters—

Requirement to comply with the control rules governing the fishing operations of Union vessels in the fishing area in which the third country fishing boat operates.

Requirement to provide to the European Commission and, where relevant, to the coastal Member State, the data which Union vessels are required to send to the flag Member State under the Control Regulation.”.

(1)

S.S.I. 2010/334, as amended by S.S.I. 2011/59 and S.S.I. 2015/320.

(2)

OJ L 287, 31.10.2015, p.6.

(3)

OJ L 347, 28.12.2017, p.81.