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Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
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1.Without prejudice to specific provisions contained in multi-annual plans, the master of a [F2[F3United Kingdom] fishing vessel] of 10 metres length overall or more that is not subject to the electronic completion and transmission of fishing logbook data, transhipment declarations and landing declarations, shall complete and submit the fishing logbook data, transhipment declarations and landing declarations referred to in Articles 14, 21 and 23 of the Control Regulation in paper format. These transhipment declarations and landing declarations may also be completed and submitted by the representative of the master on his behalf.
F42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in Art. 29 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(26)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F3Words in Art. 29(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(26)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 29(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(26)(c); 2020 c. 1, Sch. 5 para. 1(1)
1.In [F5United Kingdom] waters, the fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted by masters of [F5United Kingdom] fishing vessels in accordance with the model in Annex VI.
F62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.When [F7United Kingdom] fishing vessels are carrying out fishing activities in the waters of a third country, in waters regulated by a Regional Fisheries Management Organisation or in waters outside [F7United Kingdom] waters not regulated by a Regional Fisheries Management Organisation, the fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted by masters of [F7United Kingdom] fishing vessels in accordance with Article 31 of this Regulation and the models in Annexes VI and VII, unless the third country or the rules of the Regional Fisheries Management Organisation concerned specifically require the use of a different kind of fishing logbook, transhipment declaration or landing declaration. If the third country does not specify a particular fishing logbook, transhipment declaration or landing declaration, but does require data elements different from those required by [F8laws applicable in the United Kingdom], such data elements shall be recorded.
F94.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F5Words in Art. 30(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(27)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 30(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(27)(b); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 30(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(27)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 30(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(27)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F9Art. 30(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(27)(d); 2020 c. 1, Sch. 5 para. 1(1)
1.The fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted in accordance with the instructions set out in Annex X.
2.Where the instructions set out in Annex X state that the application of a rule is optional, [F10a fisheries administration] may make it mandatory.
3.All entries in the fishing logbook, transhipment declaration or landing declaration shall be legible and indelible. No entry shall be erased or altered. If a mistake is made the incorrect entry shall be crossed out with a single line and the new correct entry shall be written and initialled by the master. Each line shall be initialled by the master.
4.The master of the [F2[F11United Kingdom] fishing vessel] or, for transhipment declarations and landing declarations, his representative shall certify with his initials or signature that the entries in the fishing logbook, transhipment declaration and landing declaration are correct.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F10Words in Art. 31(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(28)(a); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 31(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(28)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.When a [F2[F12United Kingdom] fishing vessel] has made a landing in a port or a transhipment in a port or in a place close to the shore of [F13the United Kingdom], its master shall submit the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after completion of transhipment or landing to the competent authorities of the [F14fisheries administration] concerned. The original(s) of such a transhipment declaration and landing declaration may also be submitted by the representative of the master on his behalf.
2.When no catches are landed after a fishing trip, the master shall submit the original(s) of the fishing logbook and transhipment declaration as soon as possible and not later than 48 hours after arrival in port. The original(s) of such a transhipment declaration may also be submitted by the representative of the master on his behalf.
3.When a [F2[F15United Kingdom] fishing vessel] has made a transhipment in a port or in a place close to the shore or a landing in a port of a [F16third country], it shall submit the first copy (copies) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of the [F17country] in which the transhipment or landing takes place. The original(s) of the fishing logbook, transhipment declaration and landing declaration shall be dispatched as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of [F18a fisheries administration].
4.When a [F2[F19United Kingdom] fishing vessel] has made a transhipment in a port or in the waters of a third country or on the high seas or a landing in a port of a third country, it shall dispatch the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after the transhipment or landing to the competent authorities of [F20a fisheries administration].
5.When a third country or the rules of a Regional Fisheries Management Organisation require a different kind of fishing logbook, transhipment declaration or landing declaration from the one in Annex VI the master of the [F2[F21United Kingdom] fishing vessel] shall submit a copy of that document to his competent authorities as soon as possible and not later than 48 hours after transhipment or landing.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F12Words in Art. 32(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 32(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 32(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 32(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 32(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F17Word in Art. 32(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in Art. 32(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in Art. 32(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in Art. 32(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Art. 32(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(29)(d); 2020 c. 1, Sch. 5 para. 1(1)
1.The paper fishing logbook shall be completed with all obligatory information even when there are no catches:
(a)daily by not later than 24.00 and before entering the port;
(b)at the time of any inspection at sea;
(c)at the time of events defined [F22by a fisheries administration].
2.A new line in the paper fishing logbook shall be filled in:
(a)for each day at sea;
(b)when fishing in a new ICES Division or another fishing zone the same day;
(c)when entering fishing effort data.
3.A new page in the paper fishing logbook shall be filled in:
(a)when using different gear, or a net of a different mesh size range, to that of the previous gear used;
(b)for any fishing done after a transhipment or an intermediate landing;
(c)if the number of columns is insufficient;
(d)on departure from a port when no landing has taken place.
4.On departure from a port, or following completion of a transhipment operation, and when catches remain on board, the quantities of each species shall be indicated on a new fishing logbook page.
5.The codes given in Annex XI shall apply to indicate, under the appropriate headings of the paper format fishing logbook, the fishing gear used.
Textual Amendments
F22Words in Art. 33(1)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(30); 2020 c. 1, Sch. 5 para. 1(1)
1.In the case of a transhipment operation between two [F2[F23United Kingdom] fishing vessels] on completion of a transhipment operation the master of the transhipping fishing vessel or his representative shall hand over a copy of his vessel’s paper transhipment declaration to the master of the receiving vessel or his representative. The master of the receiving vessel or his representative on completion of transhipment operation shall also hand over a copy of his vessel’s paper transhipment declaration to the master of the transhipping vessel or his representative.
2.The copies referred to in paragraph 1 shall be presented for the purposes of control and inspection at the request of an official.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F23Words in Art. 34 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(31); 2020 c. 1, Sch. 5 para. 1(1)
Each page of the landing declaration shall be signed prior to submission by the master or his representative.
1.Without prejudice to Article 39(4) of this Regulation [F2a] [F2[F25United Kingdom] fishing vessel] subject to electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration in accordance with Articles 15, 21 and 24 of the Control Regulation shall not be allowed to leave port without a fully operational electronic recording and reporting system installed on board.
2.This Chapter shall not apply to F26... [F2fishing vessels] used exclusively for the exploitation of aquaculture.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F24Word in Art. 36 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(32)(a); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in Art. 36(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(32)(b); 2020 c. 1, Sch. 5 para. 1(1)
F26Word in Art. 36(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(32)(c); 2020 c. 1, Sch. 5 para. 1(1)
[F29A fisheries administration must] determine the format to be used between [F30United Kingdom fishing vessels] and their competent authorities for the completion and transmission of fishing logbook, transhipment declaration and landing declaration data as referred to in Articles 15, 21 and 24 of the Control Regulation.
[F31The fishing logbook, transhipment declaration and landing declaration in electronic format shall be completed in accordance with the instructions set out in Annex X.]
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F27Words in Art. 37 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F28Words in Art. 37 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F29Words in Art. 37 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(b); 2020 c. 1, Sch. 5 para. 1(1)
F30Words in Art. 37 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(c); 2020 c. 1, Sch. 5 para. 1(1)
F31Inserted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
1.Return messages shall be issued to the [F2[F32United Kingdom] fishing vessels] for each transmission of fishing logbook, transhipment, prior notification and landing data. The return message shall contain an acknowledgement of receipt.
2.The master of [F2a] [F2[F33United Kingdom] fishing vessel] shall retain the return message until the end of the fishing trip.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F32Words in Art. 38(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(34)(a); 2020 c. 1, Sch. 5 para. 1(1)
F33Words in Art. 38(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(34)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.In the event of a technical failure or non-functioning of the electronic recording and reporting system fitted on board a [F2[F34United Kingdom] fishing vessel], the master of the fishing vessel or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with Article 40(1) of this Regulation, communicate fishing logbook, transhipment declaration and landing declaration data to the competent authorities of [F35a fisheries administration] by appropriate telecommunications means on a daily basis and no later than 24.00 even when there are no catches. F36...
2.In the event of a technical failure or non-functioning of the electronic recording and reporting system fishing logbook and transhipment declaration data shall also be sent:
(a)at the request of the competent authority of [F37a fisheries administration];
(b)immediately after the last fishing operation or after the transhipment has been completed;
(c)before entering into port;
(d)at the time of any inspection at sea;
(e)at the time of events defined in [F38by a fisheries administration].
Prior notification and landing declaration data shall also be sent in the cases referred to in (a) and (e).
3.The competent authorities of [F39a fisheries administration] shall enter the data referred to in paragraph 1 into the electronic data base without delay on their receipt.
4.Following a technical failure or non-functioning of its electronic recording and reporting system, a [F2[F40United Kingdom] fishing vessel] may only leave port once the recording and reporting system fitted on board is fully functioning to the satisfaction of the competent authorities of [F41a fisheries administration] or is otherwise authorised to leave by the competent authorities of [F41a fisheries administration]. The flag Member State shall immediately notify the [F42third country] when it has authorised one of its fishing vessels to leave a port in the [F42third country] with a non-functioning electronic recording and reporting system.
5.The removal of the electronic recording and reporting system for repair or replacement shall be subject to the approval of the competent authorities of [F43a fisheries administration].
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F34Words in Art. 39(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F35Words in Art. 39(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F36Words in Art. 39(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F37Words in Art. 39(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F38Words in Art. 39(2)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F39Words in Art. 39(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(c); 2020 c. 1, Sch. 5 para. 1(1)
F40Words in Art. 39(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F41Words in Art. 39(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F42Words in Art. 39(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F43Words in Art. 39(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(e); 2020 c. 1, Sch. 5 para. 1(1)
1.When the competent authorities of a [F44fisheries administration] have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation they shall notify the master or the operator of the [F2[F45United Kingdom] fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular [F45United Kingdom] fishing vessel] or their representative, that situation occurs more than three times within a period of calendar year, [F46a fisheries administration must] ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. [F46A fisheries administration must] investigate the matter in order to establish why data have not been received and shall take appropriate measures.
2.When the competent authorities of a [F47fisheries administration] have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation and the last position received through the Vessel Monitoring System was from within the waters of a [F48third country] they shall notify the competent authorities of that [F48third country] thereof as soon as possible.
3.The master or the operator of the [F2[F49United Kingdom] fishing vessel] or their representative shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the competent authorities of [F50a fisheries administration] immediately on receipt of the notification.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F44Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F45Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F46Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F47Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F48Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F49Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F50Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F51Art. 41 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(37); 2020 c. 1, Sch. 5 para. 1(1)
1.[F52A fisheries administration must] maintain databases on the functioning of their electronic recording and reporting system. Those databases shall contain at least and be capable to generate automatically the following information:
(a)the list of [F53fishing vessels in its fleet] whose electronic recording and reporting systems have experienced technical failure or have failed to function;
(b)the number of vessels that have not made daily electronic fishing logbook transmissions and the average number of electronic fishing logbook transmissions received per fishing vessel, broken down by flag [F54state];
(c)the number of transhipment declaration, landing declaration, takeover declaration and sales note transmissions received, broken down by flag [F55state].
F562.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F52Words in Art. 42(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F53Words in Art. 42(1)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F54Word in Art. 42(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F55Word in Art. 42(1)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F56Art. 42(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(b); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F57Art. 43 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(39); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F58Art. 44 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(40); 2020 c. 1, Sch. 5 para. 1(1)
[F60A fisheries administration must]:
ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;
take all necessary measures to ensure that the data are only used for purposes as provided for in this Regulation; and
take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.]
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F59Words in Art. 45 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(41)(a); 2020 c. 1, Sch. 5 para. 1(1)
F60Words in Art. 45 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(41)(b); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F61Art. 46 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(42); 2020 c. 1, Sch. 5 para. 1(1)
1.When at sea the master of [F2a] [F2[F62United Kingdom] fishing vessel] shall transmit the electronic fishing logbook information to the competent authorities of [F63a fisheries administration] at least once a day and no later than 24.00 even when there are no catches. He shall also send such data:
(a)at the request of the competent authority of [F63a fisheries administration];
(b)immediately after the last fishing operation has been completed;
(c)before entering into port;
(d)at the time of any inspection at sea;
(e)at the time of events defined [F64by a fisheries administration].
When the last fishing operation took place not more than 1 hour before the entry into port the transmissions referred to in (b) and (c) may be sent in a single message.
[F311a.The master of a [F65United Kingdom] fishing vessel shall send an electronic departure message to the competent authorities of [F66a fisheries administration] before leaving port and before starting any other electronic transmission related to the fishing trip.]
2.The master may transmit corrections to the electronic fishing logbook and transhipment declaration data up to the last transmission referred to in paragraph 1(c). Corrections shall be easily identifiable. All original electronic fishing logbook data and corrections to those data shall be stored by the competent authorities of [F67a fisheries administration].
3.The master shall keep a copy of the information referred to in paragraph 1 on board the fishing vessel for the duration of each absence from port and until the landing declaration has been submitted.
4.When a [F2[F68United Kingdom] fishing vessel is in port, does not carry fishery products on board and the master has submitted the landing declaration for all fishing operations on the last fishing trip, transmission in accordance with paragraph 1 of this Article may be suspended subject to prior notification to the FMC of [F69a fisheries administration]. Transmission shall be resumed when the [F68United Kingdom] fishing vessel] leaves the port. Prior notification is not required for [F2[F68United Kingdom] fishing vessels] equipped with and transmitting data via VMS.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F31Inserted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F62Words in Art. 47(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F63Words in Art. 47(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F64Words in Art. 47(1)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F65Words in Art. 47(1a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F66Words in Art. 47(1a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F67Words in Art. 47(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(c); 2020 c. 1, Sch. 5 para. 1(1)
F68Words in Art. 47(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F69Words in Art. 47(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
For the purpose of this Chapter the following definitions shall apply:
‘presentation’ means the form into which the fish is processed while on board of the fishing vessel and prior to landing, as described in Annex I;
‘collective presentation’ means a presentation consisting of two or more parts extracted from the same fish.
1.For the completion and submission of fishing logbooks as referred to in Articles 14 and 15 of the Control Regulation the F70... conversion factors set out in Annexes XIII, XIV and XV shall apply to convert stored or processed fish weight into live fish weight. They shall apply to fisheries products on board or transhipped or landed by [F2[F71United Kingdom] fishing vessels].
2.By way of derogation from paragraph 1, where Regional Fisheries Management Organisations, of which the [F72United Kingdom] is a contracting party or cooperating non-contracting party, for its regulatory area or a third country with whom the [F72United Kingdom] has an agreement to fish, for the waters under its sovereignty or jurisdiction, have established conversion factors, those factors shall apply.
3.Where no conversion factors as referred to in paragraphs 1 and 2 exist for a given species and presentation, the conversion factor adopted by the [F73a fisheries administration] shall apply.
4.Without prejudice to paragraph 2 the competent authorities of [F74a fisheries administration] shall use the F75... conversion factors referred to in paragraph 1 when calculating the live weight of transhipments and landings in order to monitor the quota uptake.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F70Word in Art. 49(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(44)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F71Words in Art. 49(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(44)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F72Words in Art. 49(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(44)(b); 2020 c. 1, Sch. 5 para. 1(1)
F73Words in Art. 49(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(44)(c); 2020 c. 1, Sch. 5 para. 1(1)
F74Words in Art. 49(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(44)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F75Word in Art. 49(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(44)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
1.The fish live weight shall be obtained by multiplying the fish processed weight by the conversion factors referred to in Article 49 of this Regulation for each species and presentation.
2.In case of collective presentations, only one conversion factor corresponding to one of the parts of the collective presentation of a fish shall be used.
1.The margin of tolerance referred to in Article 14(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species retained on board shall be expressed as a percentage of the fishing logbook figures.
2.For catches which are to be landed unsorted the margin of tolerance may be calculated on the basis of one or more representative samples for the total quantities kept on board.
3.For the purpose of the application of Article 14 of the Control Regulation species caught for live bait shall be considered as a species caught and kept on board.
4.The master of a [F2[F76United Kingdom] fishing vessel] crossing an effort zone where it is authorised to fish shall record and report the information referred to in Article 14(5) of the Control Regulation as applicable even if he does not carry out any fishing activities in that zone.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F76Words in Art. 51 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(45); 2020 c. 1, Sch. 5 para. 1(1)
The margin of tolerance referred to in Article 21(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species transhipped or received shall be expressed as a percentage of the transhipment declaration figures.
When a difference exists between the quantities of catches transhipped from the transhipping vessel and the quantities taken on board by the receiving vessel the higher quantity shall be considered to have been transhipped. [F77A fisheries administration must] ensure that follow up action is taken to determine the actual weight of fishery products transhipped between the transhipping and the receiving vessel.
Textual Amendments
F77Words in Art. 53 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(46); 2020 c. 1, Sch. 5 para. 1(1)
When, in accordance with Article 61 of the Control Regulation, the fisheries products are transported from the place of landing before they have been weighed, the landing operation shall be regarded to have been completed for the purpose of the application of Articles 23(3) and 24(1) of the Control Regulation when the fisheries products have been weighed.
Without prejudice to special rules in the case of fishing operations involving two or more [F2[F79United Kingdom] fishing vessels]F80... the landed catch shall be attributed to the [F2[F79United Kingdom] fishing vessel] landing the fisheries products.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F78Word in Art. 55 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(47)(a); 2020 c. 1, Sch. 5 para. 1(1)
F79Words in Art. 55 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(47)(b); 2020 c. 1, Sch. 5 para. 1(1)
F80Words in Art. 55 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(47)(c); 2020 c. 1, Sch. 5 para. 1(1)
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F81Title 3 Ch. 4 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(48); 2020 c. 1, Sch. 5 para. 1(1)
1.The fishing effort report referred to in Article 28 of the Control Regulation shall be sent in accordance with Annex XVII.
F822.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F82Art. 58(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(49); 2020 c. 1, Sch. 5 para. 1(1)
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F83Title 3 Ch. 6 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(50); 2020 c. 1, Sch. 5 para. 1(1)
1.The certification of the maximum continuous engine power of a new propulsion engine, a replacement propulsion engine and a propulsion engine that has been technically modified, as referred to in Article 40(1) and (2) of the Control Regulation, shall be provided in accordance with [F84Regulation (EU) 2017/1130].
2.A propulsion engine shall be considered to have been technically modified as referred to in paragraph 1 when any of its main components (parts), including but not limited to, injection equipment, valves, turbocharger, pistons, cylinder liners, connecting rods, cylinder heads, have been modified or replaced by new parts with different technical specifications resulting in a modified power rating or when the engine adjustments, such as the injection settings, turbocharger configuration, or the valve timings have been modified. The nature of the technical modification shall be clearly explained in the certification referred to in paragraph 1.
3.The holder of a fishing licence shall inform the competent authorities before a new propulsion engine will be installed or before an existing propulsion engine will be replaced or technically modified.
F854.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F84Words in Art. 61(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(51)(a); 2020 c. 1, Sch. 5 para. 1(1)
F85Art. 61(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(51)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.For the purpose of verifying the engine power in accordance with Article 41 of the Control Regulation, [F86a fisheries administration must] establish a sampling plan for the identification of [F87United Kingdom fishing vessels] or groups of fishing vessels [F88in its fleet] with a risk of under-declaration of propulsion engine power. As a minimum, the sampling plan shall be based on following high risk criteria:
(a)fishing vessels operating in fisheries that are subject to fishing effort regimes, in particular those fishing vessels to which an individual effort allocation in kW*days has been allocated;
(b)fishing vessels subject to limitations of vessel power resulting from F89... law;
(c)fishing vessels for which the ratio of vessel power (kW) to vessel tonnage (GT) is 50 % lower than the average ratio for the same type of fishing vessel, gear type and target species. For the purpose of that analysis, [F90a fisheries administration] may divide the fleet according to one or several of the following criteria:
fleet segmentation or management units defined in national law;
length categories;
tonnage categories;
gears used;
target species.
F912.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F913.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F914.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F915.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F916.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F86Words in Art. 62(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(52)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F87Words in Art. 62(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(52)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F88Words in Art. 62(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(52)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F89Words in Art. 62(1)(b) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(52)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F90Words in Art. 62(1)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(52)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)
F91Art. 62(2)-(6) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(52)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.When propulsion power measurements are performed on board a fishing vessel in the framework of a physical verification of propulsion engine power as referred to in Article 41(2) of the Control Regulation, the propulsion engine power may be measured at the most accessible point between the propeller and the engine.
2.If the power of the propulsion engine is measured after the reduction gear, an appropriate correction shall be applied to the measurement in order to calculate the propulsion engine power at the engine output flange according to the definition in Article 5(1) of [F92Regulation (EU) 2017/1130]. That correction shall take into account the power losses resulting from the gearbox on the basis of the official technical data provided by the gearbox manufacturer.
Textual Amendments
F92Words in Art. 63(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(52)(c); 2020 c. 1, Sch. 5 para. 1(1)
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F93Title 3 Ch. 8 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(53); 2020 c. 1, Sch. 5 para. 1(1)
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