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

Regulation (EU) 2018/973 of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea U.K.

25.—(1) Regulation (EU) 2018/973 of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea is amended as follows.

(2) In Article 1—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for “Union waters” substitute “ United Kingdom waters ”, and

(bb) for “its adjacent waters” substitute “ adjacent United Kingdom waters ”, and

(ii) omit the final sentence;

(b) in paragraph 4—

(i) after “caught in” insert “ United Kingdom waters in ”, and

(ii) for “Union legal acts” substitute “ enactments ”; and

(c) in paragraph 5 for “Union waters” substitute “ United Kingdom waters ”.

(3) In Article 2, after point (8) insert—

“(9) ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M1 .”.

(4) In Article 3—

(a) in paragraph 1 omit “of the common fisheries policy”;

(b) in paragraph 3, in the second sentence—

(i) omit “Union”, and

(ii) for “as set out in Article 1(1) of Directive 2008/56/EC” substitute “ as referred to in regulation 4(1) of the Marine Strategy Regulations 2010 M2 ”; and

(c) after paragraph 4 insert—

“4A.   For the purposes of paragraph 4(b), in Annex 1 to Directive 2008/56/EC descriptor 9 is to be read as if the reference to “Community legislation” were a reference to “retained EU law”.”.

(5) In Article 4 for paragraphs 2 and 3 substitute—

“2.   A fisheries administration must request from ICES the ranges of F_MSY based on the plan.

3.   When fishing opportunities are determined for a stock they must be established in the lower range of F_MSY available at that time for that stock.”.

(6) In Article 6 for the words before point (a) substitute—

“A fisheries administration must request from ICES the following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) based on the plan—”.

(7) In Article 7(3) omit point (a).

(8) In Article 10—

(a) for paragraph 1 substitute—

“1.   When a fisheries administration [F1 distributes] fishing opportunities [F2 for use by fishing vessels] it must take account of the likely catch composition of fishing vessels participating in mixed fisheries.”;

(b) omit paragraph 2; and

(c) in paragraph 4—

(i) for “the Council” substitute “ any person determining fishing opportunities ”, and

(ii) omit “when fixing fishing opportunities”.

(9) In Article 12—

(a) in paragraph 1—

(i) for “each Member State shall” substitute “ a fisheries administration must ”,

(ii) for “flying its flag and” substitute “ in its fleets ”, and

(iii) for “Member States” substitute “ a fisheries administration ”;

(b) in paragraph 2 omit “, without prejudice to the capacity ceilings set out in Annex II to Regulation (EU) No 1380/2013,”; and

(c) in paragraph 3—

(i) for “Each Member State” substitute “ A fisheries administration ”, and

(ii) omit “to the Commission and the other Member States”.

(10) In Article 13—

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

(b) in paragraph 1—

(i) for “the Union” in both places it occurs, substitute “ a fisheries administration ”, and

(ii) for “Union operators” substitute “ United Kingdom operators ”; and

(c) in paragraph 2 for “the Union” substitute “ a fisheries administration ”.

(11) Omit Chapters 10, 11 and 13.

(12) Omit Article 19.

Textual Amendments

F1 Word in reg. 25(8)(a) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 25(8)(a) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 2018 c. 16.

M2 S.I. 2010/1627.