Regulation (EU) No 1026/2012 of the European Parliament and of the CouncilShow full title

Article 7 U.K. Period of application of the measures in respect to countries allowing non-sustainable fishing

1. The measures referred to in Article 4 shall cease to apply when the country allowing non-sustainable fishing adopts appropriate corrective measures necessary for the conservation and management of the stock of common interest and those corrective measures:

(a) have either been adopted autonomously or have been agreed in the context of consultations with the [F1 United Kingdom] and, where applicable, other countries concerned; and

(b) do not undermine the effect of measures taken by the [F1 United Kingdom] either autonomously, or in cooperation with other countries, for the purpose of the conservation of the fish stocks concerned.

[F2 2. A fisheries administration may, by regulations, determine whether the conditions specified in paragraph 1 have been complied with and, where necessary, provide that the measures adopted in respect of the country concerned pursuant to Article 4 cease to apply.

3. Subject to paragraph 4, the Secretary of State may, by regulations, determine whether the conditions specified in paragraph 1 have been complied with and, where necessary, provide that the measures adopted in respect of the country concerned pursuant to Article 4 cease to apply.

4. Where the exercise of the power to make regulations under paragraph 2 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 3 the Secretary of State must obtain the consent of—

(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.]

Textual Amendments

F1 Words in Art. 7(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 13(7); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 7(2)-(4) substituted for Art. 7(2) (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 29(4); 2020 c. 1, Sch. 5 para. 1(1)