The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 No. 1542

PART 2 UPDATED ANNUAL EU FISHERIES LEGISLATION

CHAPTER 1 UPDATING EU EXIT REGULATIONS IN CONSEQUENCE OF THE REVOCATION OF THE 2019 DISCARD PLANS AND THE 2019 TAC AND QUOTA REGULATION

The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

3.  In the Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019(1), omit regulations 2 and 3 and Part 4.

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

4.  In the Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019(2), omit regulation 10.

CHAPTER 2 AMENDMENT OF THE 2020 DISCARD PLANS

Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021

5.—(1) Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021 is amended as follows.

(2) In Article 1—

(a) for “Union” substitute “United Kingdom”;

(b) for “divisions 2a, 3a” substitute “division 2a”; and

(c) for “for the period 2020-2021” substitute “until the end of 2021”.

(3) In Article 3(1)—

(a) for “Union” substitute “United Kingdom”; and

(b) for “divisions 2a, 3a” substitute “division 2a”.

(4) In Article 4(1), for “Union” substitute “United Kingdom”.

(5) In Article 5(1)—

(a) for “Union” substitute “United Kingdom”; and

(b) omit “ICES division 3a and”.

(6) In Article 6—

(a) for “Union” in each place it occurs, substitute “United Kingdom”;

(b) in paragraph 1, omit “division 3a and”; and

(c) in paragraph 2, omit point (a).

(7) In Article 7—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”,

(ii) in point (a), omit “or” in the second place it occurs, and

(iii) omit point (b); and

(b) omit paragraph 3.

(8) In Article 8(1), for “Union” substitute “United Kingdom”.

(9) In Article 9—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “divisions 2a, 3a” substitute “division 2a”; and

(b) omit paragraph 2.

(10) In Article 10—

(a) for “Union” in each place it occurs, substitute “United Kingdom”;

(b) in point (a), for “divisions 2a and 3a” substitute “division 2a”;

(c) omit points (c), (d) and (g); and

(d) in point (m)—

(i) omit “ICES division 3a and” in the first place it occurs, and

(ii) for “mesh sizes above 35 mm in ICES division 3a and” substitute “a mesh size above”.

(11) Omit Articles 11 and 13.

(12) For Article 14 substitute—

“Article 14 Application

This Regulation applies until the end of 31 December 2021.”.

Commission Delegated Regulation (EU) 2019/2239 specifying details of the landing obligation for certain demersal fisheries in North-Western waters for the period 2020-2021

6.—(1) Commission Delegated Regulation (EU) 2019/2239 specifying details of the landing obligation for certain demersal fisheries in North-Western waters for the period 2020-2021 is amended as follows.

(2) In Article 1—

(a) for “ICES Subareas 5 (excluding 5a and including only Union waters of 5b),” substitute “United Kingdom waters of ICES Subarea 5b and in United Kingdom and International waters of ICES Subareas”; and

(b) for “for the period 2020-2021” substitute “until the end of 2021”.

(3) In Article 5, omit paragraph 2.

(4) In Article 6(1)—

(a) in point (c) for “7a to 7k” substitute “7a and 7d to 7j”; and

(b) in point (d) for “7a to 7k” substitute “7a and 7d to 7j”.

(5) In Article 7(1), for “ICES Subareas 5 (excluding 5a and including only Union waters of 5b),” substitute “United Kingdom waters of ICES Subarea 5b and in United Kingdom and International waters of ICES Subareas”.

(6) In Article 8(1)—

(a) in point (a), for “7b to 7k” substitute “7d to 7j”;

(b) in point (d), for “7b, 7c and 7e to 7k” substitute “7e to 7j”;

(c) in point (e), for “7b to 7k” substitute “7d to 7j”;

(d) in point (f), for “7b to 7k” substitute “7d to 7j”;

(e) in point (g), for “7a, 7j and 7k” substitute “7a and 7j”;

(f) in point (i), for “7b, 7c and 7f to 7k” substitute “7f to 7j”; and

(g) in point (j) for “EU” substitute “United Kingdom”.

(7) In Article 9(5), for “the STECF” substitute “a fisheries administration”.

(8) In Article 10(5), for “the STECF” substitute “a fisheries administration”.

(9) In Article 11—

(a) in paragraph 1, for “Union” substitute “United Kingdom”; and

(b) in paragraph 2, for “the STECF” substitute “a fisheries administration”.

(10) In Article 12, omit the first sentence.

(11) For Article 13 substitute—

“Article 13 Application

This Regulation applies until the end of 31 December 2021.”.

CHAPTER 3 AMENDMENT OF THE 2020 TAC AND QUOTA REGULATION

Council Regulation (EU) 2020/123 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters

7.—(1) Council Regulation (EU) 2020/123 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters is amended as follows.

(2) Omit Article 1.

(3) In Article 2(1), for “Union” in both places it occurs, substitute “United Kingdom”.

(4) In Article 3—

(a) omit points (d) to (f); and

(b) omit points (h) and (i).

(5) In Article 4—

(a) omit points (b) to (m); and

(b) omit points (o) to (v).

(6) In the heading to Title 2, for “Union” substitute “United Kingdom”.

(7) Omit Articles 5 to 9.

(8) In Article 10—

(a) in paragraph 1—

(i) for “It shall be” in the first place it occurs, substitute “Until the end of 2021 it is”,

(ii) for “Union” substitute “United Kingdom”, and

(iii) for “It shall be” in the second place it occurs, substitute “During that period it is”;

(b) in paragraph 2—

(i) in the words before point (a)—

(aa) for “in January 2020” substitute “until the end of January 2021”, and

(bb) for “1 April to 31 December 2020” substitute “1st April to the end of December 2021”,

(ii) for “Union” in each place it occurs, substitute “United Kingdom”, and

(iii) in the final subparagraph—

(aa) omit “shall”, and

(bb) for “Member States” substitute “a fisheries administration”;

(c) in paragraph 3—

(i) for “shall not be” substitute “are not”,

(ii) for “Union” substitute “United Kingdom”, and

(iii) omit the words from “Member States” to the end;

(d) omit paragraph 4;

(e) in paragraph 5—

(i) in the words before point (a), for “7a to 7k” substitute “7a and 7d to 7j”,

(ii) in point (a)—

(aa) for “from 1 January to 29 February” substitute “until the end of February 2021”,

(bb) for “from 1 to 31 December 2020” substitute “for the whole of December 2021”,

(cc) for “shall be allowed” substitute “is permitted”, and

(dd) for “shall be” in the second place it occurs, substitute “is”,

(iii) in point (b)—

(aa) for “1 March to 30 November 2020” substitute “1st March to the end of November 2021”, and

(bb) for “retained shall be” substitute “which may be retained is”, and

(iv) in the final subparagraph, for “shall” substitute “does”; and

(f) omit paragraphs 6 and 7.

(9) For Article 11 substitute—

“Article 11 Measures on European eel fisheries in United Kingdom waters

Any targeted, incidental and recreational fishery of European eel is prohibited in United Kingdom waters and brackish waters such as estuaries, coastal lagoons and transitional waters until the end of February 2021.”.

(10) Omit Article 12.

(11) In Article 12a—

(a) for “shall be” substitute “is”;

(b) for “divisions 2a, 3a” substitute “division 2a”;

(c) omit “from 1 August to 31 December 2020 and”; and

(d) for “31 March” substitute “the end of March”.

(12) In Article 13—

(a) for “Union” in each place it occurs, substitute “United Kingdom fishing”;

(b) in point (b) of paragraph 1, for “the STECF” substitute “a similar independent scientific body recognised at international level”;

(c) in paragraph 2—

(i) for “2018/2034” substitute “2019/2239”,

(ii) for “7k” substitute “7j”, and

(iii) for “the STECF” substitute “an independent scientific body recognised at international level”; and

(d) in paragraph 4, for “the STECF” substitute “an independent scientific body recognised at international level”.

(13) In Article 14—

(a) in paragraph 2—

(i) omit “and 4b or at least 90mm in 3a,”,

(ii) for “Union” in the first place it occurs, substitute “United Kingdom”, and

(iii) omit the words from “and in Union waters of ICES divisions 3a.20” to the end;

(b) in paragraph 3—

(i) in point (b), for “STECF; in the case of a negative evaluation by STECF” substitute “an independent scientific body recognised at international level; where such evaluation concludes that the gears in question do not result in the 30% or greater reduction claimed”,

(ii) in point (d), omit “and 90mm in 3a”, and

(iii) in point (e)—

(aa) for the words from “STECF” to “third countries” substitute “an independent scientific body recognised at international level”, and

(bb) for “assessments consider” substitute “assessment considers”; and

(c) in paragraph 4, for “Member States shall” substitute “A fisheries administration must”.

(14) Omit Article 15.

(15) In Article 16(1)—

(a) in the words before point (a), for “Union” substitute “United Kingdom”;

(b) in point (a), for “Union” substitute “United Kingdom”;

(c) in point (b)—

(i) for “Union” in the first place it occurs, substitute “United Kingdom”, and

(ii) omit “Union and”;

(d) in point (c)—

(i) for “Union” in the first place it occurs, substitute “United Kingdom”, and

(ii) omit “Union and”;

(e) in point (d)—

(i) for “Union” in the first place it occurs, substitute “United Kingdom”, and

(ii) omit “Union and”;

(f) in point (e)—

(i) for “Union” in the first place it occurs, substitute “United Kingdom”, and

(ii) omit “Union and”;

(g) in point (f)—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “3, 4, 6, 7, 8, 9 and 10” substitute “4, 6, 7 and 8”;

(h) in point (g)—

(i) for “Union” in the first place it occurs, substitute “United Kingdom”, and

(ii) omit “Union and”;

(i) in point (h), for “Union” in both places it occurs, substitute “United Kingdom”;

(j) omit point (j);

(k) in point (k)—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “subareas 6 and 10” substitute “subarea 6”;

(l) omit point (m); and

(m) in point (n)—

(i) for “Union” substitute “United Kingdom”, and

(ii) for the words from “subareas” to the end, substitute “subareas 2, 4, 5, 6, 7 and 8”.

(16) Omit Article 17.

(17) Omit Chapter 2 of Title 2.

(18) Omit Section 1 of Chapter 3 of Title 2.

(19) Omit Articles 20 and 21.

(20) Omit Section 3 of Chapter 3 of Title 2.

(21) Omit Article 26.

(22) In Article 27—

(a) in paragraph 4—

(i) omit “, all flying the flag of a Member State”, and

(ii) for “to Member States using only one supply vessel” substitute “where only one supply vessel is used”;

(b) in paragraph 5, omit “flying the flag of a Member State”; and

(c) in paragraph 6, for “The Union shall” substitute “A fisheries administration must”.

(23) In Article 28(2)—

(a) after “except for” insert “United Kingdom fishing”;

(b) for “the exclusive economic zone (EEZ) of Member State whose flag they fly” substitute “United Kingdom waters”; and

(c) for “local” substitute “United Kingdom”.

(24) In Article 28a, for “Union” substitute “United Kingdom”.

(25) Omit Sections 5 to 10 of Chapter 3 of Title 2.

(26) Omit Titles 3 and 4.

(27) Omit the List of Annexes.

(28) Omit Annexes 1 to 3.

(29) In the Table for time-limited closures in Annex 4—

(a) in row 1 (the entry for the area named “Stanhope ground”), in the “Period” column, for “30” substitute “the end of”;

(b) in row 2 (the entry for the area named “Long Hole”), in the “Period” column, for “31” substitute “the end of”;

(c) omit row 3 (the entry for the area named “Coral edge”);

(d) in row 4 (the entry for the area named “Papa Bank”), in the “Period” column, after “to” insert “the end of”;

(e) in row 5 (the entry for the area named “Foula Deeps”), in the “Period” column, for “31” substitute “the end of”;

(f) omit row 6 (the entry for the area named “Egersund Bank”);

(g) in row 7 (the entry for the area named “East of Fair Isle”), in the “Period” column, after “to” insert “the end of”;

(h) omit row 8 (the entry for the area named “West Bank”);

(i) omit row 9 (the entry for the area named “Revet”); and

(j) omit row 10 (the entry for the area named “Rabarberen”).

(30) Omit Annexes 5 to 9.

(1)

S.I. 2019/848, amended by S.I. 2019/1312.

(2)

S.I. 2019/1312.