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

PART 10 AMENDMENT OF OTHER MEASURES

Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels

32.—(1) Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels is amended as follows.

(2) In Article 1 for “Union rules concerning fisheries” substitute “relevant retained direct EU legislation”.

(3) In Article 2(2) for “Union” substitute “relevant retained direct EU”.

(4) In Article 4(3) for “Union rules” substitute “relevant retained direct EU legislation”.

(5) Omit Articles 7 and 9.

(6) In the final paragraph of Annex 1—

(a) for “shall be fixed on the basis of statistical analyses of pooled representative samples of the fleets of the Member States, These shall be” substitute “are”;

(b) omit “definitions of the dimensions B₁ and T₁ and with”; and

(c) for “a decision of the Commission” substitute “Commission Decision 95/84/EC concerning the implementation of the Annex to Council Regulation (EEC) No. 2930/86 defining the characteristics of fishing vessels”.

(7) Omit Annex 2.

Commission Implementing Regulation (EU) 2017/218 on the Union fishing fleet register

33.—(1) Commission Implementing Regulation (EU) 2017/218 on the Union fishing fleet register is amended as follows.

(2) For Article 1 substitute—

“Article 1 Subject matter

This Regulation determines the minimum information on vessel characteristics and activity which must appear in the United Kingdom fishing fleet register.”.

(3) In Article 2—

(a) omit points (b), (c), (f), (g), (h) and (i);

(b) for point (l) substitute—

“(l) ‘United Kingdom fleet register (UKFR) number’ means the unique identification number of the vessel in the United Kingdom fleet;”;

(c) omit point (n); and

(d) in point (o)—

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

(ii) for “Commission” substitute “Secretary of State”.

(4) In Article 3 for “Union” substitute “United Kingdom”.

(5) In Article 4—

(a) in the heading for “Union” substitute “United Kingdom”;

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

(c) for “the rules of the common fisheries policy” substitute “Fisheries Rules”.

(6) For Article 5 substitute—

“Article 5 Data collection for the United Kingdom fishing fleet register

A fisheries administration must, jointly with the other fisheries administrations, collect and validate without delay the data referred to in Annex I to enable the Secretary of State to record the same data in the United Kingdom fishing fleet register.”.

(7) Omit Articles 6 and 7.

(8) For Article 8 substitute—

“Article 8 United Kingdom fleet register number

1.   The Secretary of State must assign a United Kingdom fleet register (UKFR) number to any fishing vessel which enters in the United Kingdom fleet for the first time.

2.   The UKFR number must not be altered during the period in which the fishing vessel belongs to the United Kingdom fleet.

3.   The UKFR number must not be reassigned to another vessel. If a fishing vessel is exported outside the United Kingdom and re-imported back into the United Kingdom, the fishing vessel must be reassigned the same UKFR number.”.

(9) Omit Article 9.

(10) For Article 10 substitute—

“Article 10 Access to vessel data

1.   The Secretary of State must publish, in such manner as the Secretary of State sees fit, a limited version of the United Kingdom fishing fleet register which does not contain personal data.

2.   The limited version of the register published under paragraph 1 must be updated at least once a month to update any event of which the Secretary of State is aware.”.

(11) In Article 11 for “Directive 95/46/EC and Regulation (EC) No 45/2001” substitute “data protection legislation”.

(12) Omit Article 13.

(13) In the Table in Annex 1—

(a) omit the row for “Country of registration”;

(b) in the row for “CFR”—

(i) in the first column for “CFR” substitute “UKFR”, and

(ii) for the words in the second column substitute “Unique identification number of a fishing vessel in the United Kingdom fishing fleet register”;

(c) in the row for “Registration number”, in the second column, omit “given by the Member State”;

(d) in the row for “Name of vessel”, for the words in the second column, substitute “The registered name of the fishing vessel”;

(e) for “Regulation (EEC) No. 2930/86” in each place it occurs in the Table, substitute “Regulation (EU) 2017/1130”;

(f) in the row for “Other tonnage”, in the second column, omit “or in accordance with a definition to be laid down by the Member State”; and

(g) in table note (1) for “the date of the census in the Member State (Annex II)” substitute “1.1.1989”.

(14) Omit Annex 2.

Commission Decision 95/84/EC concerning the implementation of the Annex to Council Regulation (EEC) No 2930/86 defining the characteristics of fishing vessels

34.—(1) Commission Decision 95/84/EC concerning the implementation of the Annex to Council Regulation (EEC) No 2930/86 defining the characteristics of fishing vessels is amended as follows.

(2) In Article 1—

(a) for “a₁, a₂ and a₃ set out in Annex I to Regulation (EEC) No 2930/86” substitute “a₁ and a₂ set out in Annex I to Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels”; and

(b) omit “the tables in”.

(3) Omit Articles 2 to 5.

(4) In Annex 1—

(a) in the heading for “a₁, a₂ AND a₃” substitute “a₁ AND a₂”.

(b) in the heading to paragraph 1 omit “and existing vessels of overall length less than 15 metres for which London Convention parameters are available”;

(c) in paragraph 1 for “Regulation (EEC) No 2930/86” substitute “Regulation (EU) 2017/1130”;

(d) in the heading to paragraph 2 for “Existing vessels of overall length less than 15 metres” substitute “Vessels of overall length less than 15 metres existing on 1 January 1995”;

(e) in paragraph 2 omit the words from “For Spain, Greece and Italy” to the end;

(f) omit paragraph 3; and

(g) in paragraph 4—

(i) for “administration of the Member State concerned” substitute “Secretary of State”; and

(ii) omit “Where the tonnage is so determined” to the end.

(5) Omit Annexes 2 and 3.

Commission Regulation (EEC) No 954/87 on sampling of catches for the purpose of determining the percentage of target species and protected species when fishing with small-meshed nets

35.—(1) Commission Regulation (EEC) No 954/87 on sampling of catches for the purpose of determining the percentage of target species and protected species when fishing with small-meshed nets is amended as follows.

(2) In Article 3—

(a) for “the representative of the competent authorities of the Member State” substitute “a representative of a fisheries administration”; and

(b) for “Article 3 of Council Regulation (EEC) No 2057/82 and Commission Regulation (EEC) No 2807/83” substitute “Council Regulation (EC) No 1224/2009”.

(3) In Article 5 omit paragraphs 5 and 6.

(4) Omit Articles 8 and 9.