Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (recast)

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SECTION 1U.K.Multiannual F1... programmes

[F2Article 4U.K.Multiannual programme

1.A fisheries administration may, by regulations, establish a multiannual programme for the collection and management of data referred to in Article 1(1), in accordance with the content and the criteria set out in Article 5.

2.Subject to paragraph 3, the Secretary of State may, by regulations, establish a multiannual programme for the collection and management of data referred to in Article 1(1), in accordance with the content and the criteria set out in Article 5.

3.Where the exercise of the power to make regulations under paragraph 1 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 2 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

F2Art. 4 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 32(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 5U.K.Content and criteria for the establishment of the multiannual F3... programme

1.The multiannual F4... programme shall establish:

(a)a detailed list of the data [F5to be collected for the purpose of contributing to the achievement of—

(i)the objectives set out in Article 25 of EU Regulation 1380/2013, and

(ii)the fisheries objectives];

(b)[F6requirements in relation to] research surveys at sea;

(c)thresholds below which it is not mandatory [F7to collect data based on fishing and aquaculture activities].

2.The data referred to in point (a) of paragraph 1 shall include:

(a)biological data on all stocks caught or by-caught in F8... commercial and, where appropriate, recreational fisheries in and outside [F9United Kingdom waters], including eels and salmon in relevant inland waters, as well as other diadromous fish species of commercial interest, to enable an ecosystem-based approach to fisheries management and conservation as necessary for the [F10regulation and management of fishing activities];

(b)data to assess the impact of [F11fisheries within United Kingdom waters] on the marine ecosystem in and outside [F12United Kingdom waters], including data on by-catch of non-target species, in particular species protected under [F13any law applying in the United Kingdom or any part of it] or international law, data on impacts of fisheries on marine habitats, including vulnerable marine areas, and data on impacts of fisheries on food webs;

(c)data on the activity of [F14United Kingdom fishing vessels] in and outside [F15United Kingdom waters], including levels of fishing, and on effort and capacity of the [F16United Kingdom fleet];

(d)socioeconomic data on fisheries to enable the socioeconomic performance of the [F17United Kingdom] fisheries sector to be assessed;

(e)socioeconomic data and sustainability data on marine aquaculture to enable the socioeconomic performance and the sustainability of the [F18United Kingdom] aquaculture sector, including its environmental impact, to be assessed;

(f)socioeconomic data on the fish processing sector to enable the socioeconomic performance of that sector to be assessed.

3.In addition, the data referred to in point (a) of paragraph 1 may include socioeconomic data and sustainability data on freshwater aquaculture to enable the socioeconomic performance and the sustainability of the [F19United Kingdom] aquaculture sector, including its environmental impact, to be assessed.

4.For the purpose of establishing the multiannual F20... programme, [F21a fisheries administration must] take into account:

(a)the information needs for the management and efficient [F22regulation of fishing activities], with a view to [F23contributing to the achievement of the fisheries objectives]F24...;

(b)the need for data that are relevant, comprehensive and reliable for the purpose of decisions on fisheries management and protection of ecosystems including vulnerable species and habitats;

(c)the need for and relevance of data for the sustainable development of aquaculture F25..., taking account of the predominantly local character of its impacts;

(d)the need to support impact assessments of policy measures;

(e)costs and benefits, taking account of the most cost-effective solutions to achieve the objective of data collection;

(f)the need to avoid disruption of existing time-series;

(g)the need for simplification and to avoid duplication of data collection, in accordance with Article 1;

(h)where relevant, the need for data to cover data-deficient fisheries;

F26(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)the international obligations of the [F27United Kingdom];

(k)spatial and temporal coverage of the data collection activities.

5.The [F28requirements in relation to] research surveys at sea referred to in point (b) of paragraph 1 shall be drawn up taking into account the following requirements:

(a)information needs for the [F29regulation and management of fishing activities], with a view to [F30contributing to the achievement of the fisheries objectives];

(b)information needs arising from internationally agreed coordination and harmonisation;

(c)information needs for the evaluation of management plans;

(d)information needs for the monitoring of ecosystems variables;

(e)information needs for an adequate coverage of stock areas;

(f)the need to avoid duplication between research surveys at sea; and

(g)the need to avoid disruption of time-series.

F316.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F327.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Word in Art. 5 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4Word in Art. 5(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 16(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 5(1)(a) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 7(3)(a) (with Sch. 4 para. 31)