Regulation (EU) 2019/472 of the European Parliament and of the CouncilShow full title

Article 1 U.K. Subject-matter and scope

1. This Regulation establishes a multiannual plan (‘the plan’) for the demersal stocks listed below, including deep-sea stocks, in the Western Waters, and, where those stocks extend beyond the Western Waters, in their adjacent waters, and for the fisheries exploiting those stocks:

(1)

black scabbardfish (Aphanopus carbo) in ICES subareas 1, 2, 4, 6–8, 10 and 14 and divisions 3a, 5a, 5b, 9a and 12b;

(2)

roundnose grenadier (Coryphaenoides rupestris) in ICES subareas 6 and 7 and division 5b;

(3)

seabass (Dicentrarchus labrax) in ICES divisions 4b, 4c, 7a, 7d–h, 8a and 8b;

(4)

F1 ...

(5)

F1 ...

(6)

F1 ...

(7)

F1 ...

(8)

megrims (Lepidorhombus spp.) in ICES divisions 4a and 6a;

(9)

megrims (Lepidorhombus spp.) in ICES division 6b;

(10)

megrims (Lepidorhombus spp.) in ICES divisions 7b–k, 8a, 8b and 8d;

(11)

F2 ...

(12)

anglerfish (Lophiidae) in ICES divisions 7b–k, 8a, 8b and 8d;

(13)

F3 ...

(14)

haddock (Melanogrammus aeglefinus) in ICES division 6b;

(15)

haddock (Melanogrammus aeglefinus) in ICES division 7a;

(16)

haddock (Melanogrammus aeglefinus) in ICES divisions 7b–k;

(17)

whiting (Merlangius merlangus) in ICES divisions 7b, 7c and 7e–k;

(18)

F4 ...

(19)

hake (Merluccius merluccius) in ICES subareas 4, 6 and 7 and divisions 3a, 8a, 8b and 8d;

(20)

F5 ...

(21)

blue ling (Molva dypterygia) in ICES subareas 6 and 7 and division 5b;

(22)

Norway lobster (Nephrops norvegicus) by functional unit in ICES subarea 6 and division 5b:

• in North Minch (FU 11);

• in South Minch (FU 12);

• in Firth of Clyde (FU 13);

• in division 6a, outside the functional units (West of Scotland);

(23)

Norway lobster (Nephrops norvegicus) by functional unit in ICES subarea 7:

• in Irish Sea East (FU 14);

• in Irish Sea West (FU 15);

• F6 ...

• F6 ...

• F6 ...

• in the Celtic Sea (FU 20-21);

• in the Bristol Channel (FU 22);

• outside the functional units (Southern Celtic Sea, Southwest of Ireland);

(24)

F7 ...

(25)

F7 ...

(26)

F7 ...

(27)

plaice (Pleuronectes platessa) in ICES division 7d;

(28)

plaice (Pleuronectes platessa) in ICES division 7e;

(29)

pollack (Pollachius pollachius) in ICES subareas 6 and 7;

(30)

F8 ...

(31)

common sole (Solea solea) in ICES division 7d;

(32)

common sole (Solea solea) in ICES division 7e;

(33)

common sole (Solea solea) in ICES divisions 7f and 7g;

(34)

F9 ...

(35)

F9 ...

(36)

F9 ...

Where scientific advice, in particular that of ICES or a similar independent scientific body recognised at F10 ... international level, indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph, the [F11 Secretary of State may, subject to paragraph 2A, by regulations amend] this Regulation by adjusting the areas specified in the first subparagraph of this paragraph in order to reflect that change. F12 ...

2. Where, on the basis of scientific advice, the [F13 Secretary of State] considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the [F14 Secretary of State may, subject to paragraph 2A, by regulations amend that list].

[F15 2A. Where, in the circumstances described in paragraph 2B, the exercise of the power to make regulations under paragraph 1 or 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 either of those powers 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 in the circumstances described in paragraph 2B;

(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 in the circumstances described in paragraph 2B;

(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 in the circumstances described in paragraph 2B.

2B. The circumstances referred to in paragraph 2A are circumstances where the power in paragraph 1 or, as the case may be, the power in paragraph 2 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.]

3. With respect to adjacent waters covered in paragraph 1 of this Article, only Articles 4 and 7 and the measures related to fishing opportunities under Article 8 of this Regulation shall apply.

4. This Regulation also applies to by-catches caught in the Western Waters when fishing for the stocks listed in paragraph 1. However, where ranges of F_MSY and safeguards linked to biomass for those stocks are established under other [F16 enactments] establishing multiannual plans, those ranges and safeguards shall apply.

5. This Regulation also specifies details for the implementation of the landing obligation in [F17 United Kingdom] waters of the Western Waters for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.

6. This Regulation provides for technical measures, as set out in Article 9, applicable in the Western Waters in respect of any stock.

Textual Amendments

F1 Art. 1(1)(4)-(7) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 10(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(4))

F2 Art. 1(1)(11) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 10(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(4))

F3 Art. 1(1)(13) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 10(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(4))

F4 Art. 1(1)(18) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 10(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(4))

F5 Art. 1(1)(20) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 10(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(4))

F6 Words in Art. 1(1)(23) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 10(2)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(4))

F7 Art. 1(1)(24)-(26) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 10(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(4))

F8 Art. 1(1)(30) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 10(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(4))

F9 Art. 1(1)(34)-(36) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 10(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(4))

F10 Words in Art. 1(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 6(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 6(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 1(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 6(2)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 1(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 6(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 1(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 6(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Art. 1(2A)(2B) inserted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 6(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F16 Word in Art. 1(4) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 6(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 1(5) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 6(2)(e); 2020 c. 1, Sch. 5 para. 1(1)