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

PART 3 AMENDMENT OF THE CONTROL REGULATIONS

Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy

4.—(1) Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy is amended as follows.

(2) In Article 1—

(a) omit “Union” in the first place it occurs;

(b) omit “(hereinafter referred to as Union control system)”; and

(c) for “the rules of the common fisheries policy” substitute “Fisheries Rules”.

(3) Omit Article 2.

(4) Omit Article 2a.

(5) For Article 3 substitute—

“Article 3 Relationship with international provisions

This Regulation applies without prejudice to special provisions contained in fisheries agreements concluded between the United Kingdom and other countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the United Kingdom is a Contracting Party or a non-contracting Cooperating Party.”.

(6) In Article 4—

(a) for “Regulation (EC) No 2371/2002” substitute “Regulation (EU) No 1380/2013”;

(b) for point 2 substitute—

“2.   ‘Fisheries Rules’ means relevant retained direct EU legislation;”;

(c) in point 4, for “the rules of the common fisheries policy” substitute “Fisheries Rules”;

(d) in point 6 for “national authority, the Commission or the Community Fisheries Control Agency” substitute “fisheries administration”;

(e) omit point 7;

(f) in point 8—

(i) for ”national authority” substitute “fisheries administration”, and

(ii) for “the rules of the common fisheries policy” substitute “Fisheries Rules”;

(g) in point 9 omit “Union”;

(h) in point 10 omit “Union”;

(i) omit point 12;

(j) for point 14 substitute—

“14.   ‘fishing restricted area’ means any marine area defined in retained direct EU legislation where fishing activities are either limited or banned;”;

(k) in point 15 for “flag Member State” substitute “fisheries administration”;

(l) in point 17, for “the rules of the common fisheries policy” substitute “Fisheries Rules”;

(m) in point 18 omit “, Union”;

(n) for point 24 substitute—

“24.   ‘multiannual plans’ means recovery plans and plans providing for specific management measures for particular fish stocks for several years;”;

(o) in point 26 for “the rules of the common fisheries policy” substitute “Fisheries Rules”; and

(p) in point 27 for “certificate issued by the Member State’s authorities or classification societies or other operators assigned by them” substitute “entry for the vessel in question recorded in the register maintained under Part 2 of the Merchant Shipping Act 1995”.

(7) Omit Title 2.

(8) In Article 6—

(a) in paragraph 1 for “Union” substitute “United Kingdom”;

(b) in paragraph 2—

(i) for “The flag Member State shall” substitute “A fisheries administration must”,

(ii) omit “Community”, and

(iii) for “Article 15 of Regulation (EC) No 2371/2002” substitute “Commission Implementing Regulation (EU) 2017/218”;

(c) in paragraph 3—

(i) for “The flag Member State shall” substitute “A fisheries administration must”, and

(ii) for “Member State” substitute “fisheries administration”;

(d) in paragraph 4—

(i) for “The flag Member State shall” substitute “A fisheries administration must”, and

(ii) omit “which is the subject of a capacity adjustment measure referred to in Article 11(3) of Regulation (EC) No 2371/2002, or”; and

(e) omit paragraph 5.

(9) In Article 7—

(a) in paragraph 1—

(i) for “Union” in the first and second places it occurs, substitute “United Kingdom”, and

(ii) in point (e) for “Union” substitute “relevant retained direct EU”; and

(b) omit paragraphs 2 and 3.

(10) In Article 9—

(a) in paragraph 1—

(i) for “Member States shall” substitute “A fisheries administration must”,

(ii) for “the fishing vessels flying their flag” substitute “its fleet”, and

(iii) for “the Member States’” substitute “United Kingdom”;

(b) in paragraph 2, for “the flag Member State” substitute “a fisheries administration”;

(c) omit paragraph 3;

(d) in paragraph 4, for “Union” substitute “United Kingdom”;

(e) in paragraph 5—

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

(ii) for “Union” substitute “United Kingdom”,

(iii) omit “flying its flag”, and

(iv) in point (a) for “flag Member State” substitute “United Kingdom”;

(f) in paragraph 6 for “Union” in both places it occurs, substitute “United Kingdom”;

(g) for paragraph 7 substitute—

“7.   A fisheries administration must establish and operate a fisheries monitoring centre, which must monitor fishing activities and fishing effort. The fisheries monitoring centre must monitor the fisheries administration’s fleet whatever the waters in which they are operating or the port they are in, as well as other fishing vessels to which vessel monitoring systems apply when they are operating within United Kingdom waters.”;

(h) in paragraph 8—

(i) for “Each flag Member State shall” substitute “A fisheries administration must”,

(ii) for “Member States shall” substitute “A fisheries administration must”, and

(iii) omit the last sentence; and

(i) omit paragraph 9.

(11) In Article 10—

(a) in paragraph 1 omit “In accordance with Annex II Part I point 3 of the Directive 2002/59/EC,”; and

(b) omit paragraphs 2 and 3.

(12) In Article 11—

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

(b) for “they shall” substitute “it must”;

(c) for “them” substitute “it”;

(d) for “Member States shall” substitute “A fisheries administration must”; and

(e) for “their” substitute “its”.

(13) In Article 12—

(a) omit “Union”; and

(b) for “of the Member States” substitute “in the United Kingdom”.

(14) Omit Article 13.

(15) In Article 14—

(a) in paragraph 1 for “Union” substitute “United Kingdom”;

(b) in paragraph 4—

(i) for “Union” in each place it occurs, substitute “United Kingdom”, and

(ii) omit “(4) and (5)”;

(c) in paragraph 5—

(i) omit “Union” in the first place it occurs, and

(ii) for “Union” in the second place it occurs, substitute “United Kingdom”;

(d) in paragraph 6—

(i) for “Union” substitute “United Kingdom”,

(ii) in point (a) for “their flag Member State” substitute “a fisheries administration”, and

(iii) for point (b) substitute “if the landing has taken place in the port of a third country, to the competent authorities of the port country concerned”;

(e) in paragraph 7—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the procedure referred to in Article 119” substitute “Commission Implementing Regulation (EU) No 404/2011”; and

(f) in paragraph 8 for “Union” in each place it occurs, substitute “United Kingdom”.

(16) In Article 15—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the flag Member State” substitute “a fisheries administration”;

(b) in paragraph 2—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “flag Member State” substitute “a fisheries administration”;

(c) omit paragraph 3;

(d) in paragraph 4—

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

(ii) for “Union fishing vessels” substitute “fishing vessels in its fleet”,

(iii) omit “flying its flag”, and

(iv) in point (a) for “flag Member State” substitute “United Kingdom”;

(e) in paragraph 5, for “Union” substitute “United Kingdom”;

(f) omit paragraph 6;

(g) in paragraph 7, for “Member State” substitute “fisheries administration”; and

(h) omit paragraph 8.

(17) Omit Article 16.

(18) In Article 17—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “their flag Member State” substitute “a fisheries administration”;

(b) for paragraph 2 substitute—

“2.   When a United Kingdom fishing vessel intends to enter a port which is not a United Kingdom port, a fisheries administration must immediately upon receipt forward the electronic prior notification to the competent authorities of the relevant coastal state.”; and

(c) omit paragraph 3.

(19) Omit Article 18.

(20) In Article 19—

(a) for “the coastal Member State” substitute “a fisheries administration”; and

(b) for “Articles 17 and 18” substitute “Article 17”.

(21) In Article 20—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) omit “of Member States”; and

(b) in paragraph 3 for “Union” substitute “United Kingdom”.

(22) In Article 21—

(a) in paragraph 1 for “Union” substitute “United Kingdom”; and

(b) in paragraph 4—

(i) in point (a) for “their flag Member State (s)” substitute “a fisheries administration”, and

(ii) for point (b) substitute—

“(b) if the transhipment has taken place in a port of a third country, to the competent authorities of that country.”.

(23) In Article 22—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the flag Member State” substitute “a fisheries administration”;

(b) omit paragraph 2;

(c) in paragraph 3—

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

(ii) for “Union” substitute “United Kingdom”,

(iii) omit “flying its flag”, and

(iv) in point (a) for “flag Member State” substitute “United Kingdom”;

(d) omit paragraph 4;

(e) for paragraph 5 substitute—

“5.   When a United Kingdom fishing vessel tranships its catches in another country, the competent authorities of a fisheries administration must immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the country where the catch was transhipped and where the catch is destined.”; and

(f) omit paragraph 6.

(24) In Article 23—

(a) in paragraph 1 for “Union” substitute “United Kingdom”; and

(b) in paragraph 3—

(i) for “Union” substitute “United Kingdom”,

(ii) in point (a) for “their flag Member State” substitute “the competent authorities of a fisheries administration”, and

(iii) for point (b) substitute—

“(b) if the landing has taken place in a port of a third country to the competent authorities of that country.”.

(25) In Article 24—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the flag Member State” substitute “a fisheries administration”;

(b) omit paragraph 2;

(c) in paragraph 3—

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

(ii) for “Union” substitute “United Kingdom”,

(iii) omit “flying its flag”, and

(iv) in point (a) for “flag Member State” substitute “fisheries administration”;

(d) for paragraph 4 substitute—

“4.   When a United Kingdom fishing vessel lands its catches in a third country, the competent authorities of a fisheries administration must immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the country where the catch was landed.”;

(e) in paragraph 5—

(i) for “Union” substitute “United Kingdom”,

(ii) for “Member State other than the flag Member State” substitute “third country”, and

(iii) for “the coastal Member State” substitute “a fisheries administration”;

(f) in paragraph 6—

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

(ii) for “fishing vessels flying its flag” substitute “United Kingdom fishing vessels”; and

(g) omit paragraph 7.

(26) Omit Article 25.

(27) In Article 26—

(a) for paragraph 1 substitute—

“1.   A fisheries administration must control the compliance with fishing effort regimes in geographical areas where maximum allowable fishing effort applies.”;

(b) in paragraph 3—

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

(ii) omit “to this Member State”;

(c) omit paragraph 5; and

(d) in paragraph 6 for “the Member State whose flag is flown by the fishing vessel concerned” substitute “a fisheries administration”.

(28) In Article 27—

(a) in paragraph 1, for “the flag Member State” substitute “a fisheries administration”; and

(b) in paragraph 2, for “the flag Member State” substitute “a fisheries administration”.

(29) In Article 28

(a) in paragraph 1—

(i) for “the Council” substitute “a fisheries administration”,

(ii) for “Union” substitute “United Kingdom”,

(iii) for “Union rules” substitute “rules made by a fisheries administration”,

(iv) for “his flag Member State” substitute “a fisheries administration”, and

(v) for “coastal Member State” substitute “coastal state”; and

(b) omit paragraph 2.

(30) In Article 29—

(a) in paragraph 2—

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

(ii) for “flag Member State” substitute “fisheries administration”; and

(b) in paragraph 3—

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

(ii) omit the last sentence.

(31) In Article 30—

(a) in paragraph 1—

(i) before “fishing vessel” insert “United Kingdom”, and

(ii) in point (b) for “its flag Member State” substitute “United Kingdom fishing vessels”; and

(b) in paragraph 2—

(i) before “fishing vessel” insert “United Kingdom”, and

(ii) in point (b) for “its flag Member State” substitute “United Kingdom fishing vessels”.

(32) In the heading to section 3 of Chapter 1 of Title 4 for “and exchange of data by Member States” substitute “of catches and fishing effort data”.

(33) In Article 33—

(a) in paragraph 1, for “Each flag Member State shall” substitute “A fisheries administration must”;

(b) omit paragraphs 2 to 4;

(c) in paragraph 5—

(i) for“ Union” substitute “United Kingdom”, and

(ii) for “flag Member State” substitute “United Kingdom”;

(d) in paragraph 6—

(i) for “flag Member State” substitute “United Kingdom”, and

(ii) for “Article 12(2) of Council Regulation (EC) No 199/2008” substitute “Article 5(5) of Regulation (EU) 2017/1004 of the European Parliament and of the Council”;

(e) omit paragraph 7;

(f) in paragraph 8—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the flag Member State” substitute “United Kingdom fishing vessels”;

(g) in paragraph 9—

(i) for “its flag Member State” substitute “the United Kingdom”, and

(ii) for “Article 12(2) of Council Regulation (EC) No 199/2008” substitute “Article 5(5) of Regulation (EU) 2017/1004 of the European Parliament and of the Council”; and

(h) omit paragraph 10.

(34) Omit Article 34.

(35) Omit Section 4 of Chapter 1 of Title 4.

(36) Omit Section 1 of Chapter 2 of Title 4.

(37) In Article 39—

(a) for paragraph 2 substitute—

“2.   A fisheries administration must ensure that the certified engine power is not exceeded.”; and

(b) in paragraph 3, for “Member States” substitute “A fisheries administration”.

(38) In Article 40—

(a) in paragraph 1—

(i) for “Member States shall be” substitute “A fisheries administration is”, and

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

(b) in paragraph 2, for “the Member States’” substitute “a fisheries administration’s”;

(c) in paragraph 3, for “Member States’” substitute “A fisheries administration’s”;

(d) in paragraph 4, for “the Member State concerned” substitute “a fisheries administration”; and

(e) omit paragraph 5.

(39) In Article 41—

(a) in paragraph 1—

(i) for “Member States” substitute “A fisheries administration”,

(ii) Omit “based on the methodology adopted by the Commission in accordance with the procedure referred to in Article 119,”,

(iii) in point (d) for “94/57/EC” substitute “2009/15/EC”, and

(iv) in point (f) for “Community” substitute “United Kingdom”; and

(b) in paragraph 2, for “Member States shall” substitute “a fisheries administration must”.

(40) Omit Article 42.

(41) In Article 43—

(a) omit paragraph 1;

(b) for paragraph 2 substitute—

“2.   Where a multiannual plan contains a threshold, applicable to the live weight of species subject to the plan, above which catches of such species must be landed in a designated port or place close to the shore, the master of a United Kingdom fishing vessel must ensure that landings of fish above the threshold are only made in a designated port or place close to the shore.”;

(c) in paragraph 4 for “Each Member State shall” substitute “A fisheries administration must”;

(d) in paragraph 7—

(i) for “Member States shall be exempted” substitute “A fisheries administration is exempt”,

(ii) omit “national”, and

(iii) omit the last sentence.

(42) In Article 44 for “Union” in each place it occurs, substitute “United Kingdom”.

(43) Omit Article 45.

(44) In Article 46—

(a) in the heading omit “National”;

(b) for paragraph 1 substitute—

“1.   A fisheries administration must define a control action programme applicable to each multiannual plan.”; and

(c) in paragraph 2 for “Member States shall” substitute “A fisheries administration must”,

(45) In Article 48—

(a) in paragraph 1 for “Union” substitute “United Kingdom”;

(b) in paragraph 2 for “Union” substitute “United Kingdom”;

(c) for the first paragraph in paragraph 3 substitute—

“3.   If the lost gear cannot be retrieved, the master of the vessel must inform the competent authorities of a fisheries administration, which must then inform the competent authority of the coastal state if the gear is lost in waters outside United Kingdom waters, within 24 hours of the following:”;

(d) in paragraph 4 for “the Member States” substitute “a fisheries administration”; and

(e) in paragraph 5—

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

(ii) for “Union” substitute “United Kingdom”,

(iii) omit “flying its flag”, and

(iv) in point (a), for “flag Member State” substitute “United Kingdom”.

(46) In Article 49—

(a) in paragraph 1 for “Union” substitute “United Kingdom”; and

(b) omit paragraph 2.

(47) In Article 49a—

(a) in paragraph 1 for “Union” substitute “United Kingdom”;

(b) in paragraph 2 for point (a) substitute—

“(a) where the catches contain more than 80% of one or more of the following species—

(i) mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat (i.e. small pelagic fisheries);

(ii) capelin, sandeel, Norwegian pout (i.e. fisheries for industrial purposes);”;

(c) in paragraph 3, for “Member States shall” substitute “a fisheries administration must”.

(48) In Article 49b—

(a) for “Member States shall” substitute “A fisheries administration must”; and

(b) omit “Union”.

(49) In Article 49c—

(a) for “Member States shall” substitute “A fisheries administration must”; and

(b) omit the final sentence.

(50) In Article 50—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”,

(ii) after “fishing zones” insert “within United Kingdom waters”,

(iii) omit “by the Council”, and

(iv) for “the coastal Member State” substitute “a fisheries administration”;

(b) omit paragraph 2;

(c) in paragraph 4, in point (b), for “the flag Member State which shall then inform the competent authorities of the coastal Member State” substitute “a fisheries administration”; and

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

(51) In Article 51—

(a) in paragraph 1 for “accordance with the procedure referred to in Article 119” substitute “Commission Regulation (EU) No 724/2010”;

(b) omit paragraph 2.

(52) In Article 52(1)—

(a) after “quantity of catches” insert “by a fishing vessel in United Kingdom waters”; and

(b) for “the coastal Member State” substitute “a fisheries administration”.

(53) Omit Article 53.

(54) Omit Article 54.

(55) Omit Chapter 5 of Title 4.

(56) In Article 56—

(a) in paragraph 1—

(i) for “Each Member State shall be” substitute “A fisheries administration is”,

(ii) omit “on its territory”,

(iii) for “the rules of the common fisheries policy” substitute “Fisheries Rules”,

(iv) after “fisheries and aquaculture products” insert “in the United Kingdom”, and

(v) for “Member States shall, in particular” substitute “In particular, a fisheries administration must”;

(b) in paragraph 2 for “Union” substitute “relevant retained direct EU”; and

(c) in paragraph 3 for “Member States shall” substitute “A fisheries administration must”.

(57) In Article 57—

(a) in paragraph 1 for “Member States shall” in each place it occurs, substitute “A fisheries administration must”; and

(b) in paragraph 2, for “(EC) No 104/2000” substitute “(EU) No 1379/2013”.

(58) In Article 58—

(a) in paragraph 2 for “Union” substitute “United Kingdom”;

(b) in paragraph 4 for “Member States shall” substitute “A fisheries administration must”;

(c) in paragraph 6 for “Member States shall” substitute “A fisheries administration must”; and

(d) in paragraph 7 for “Union” substitute “United Kingdom”.

(59) In Article 59—

(a) in paragraph 1 for “Member States shall” substitute “A fisheries administration must”; and

(b) in paragraph 2 for “the Member State where the first sale takes places” substitute “a fisheries administration, in circumstances where the first sale takes place in the United Kingdom”.

(60) In Article 60—

(a) for paragraph 1 substitute—

“1.   A fisheries administration must ensure that all fishery products are weighed on systems approved by its competent authorities unless it has adopted a sampling plan based on risk-based methodology in accordance with regulations made under paragraph 7.”;

(b) in paragraph 3 for “Member States” substitute “a fisheries administration”;

(c) in paragraph 4 for “a Member State” substitute “the United Kingdom”; and

(d) in paragraph 6—

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

(ii) for “that Member State” substitute “the United Kingdom”.

(61) In Article 61—

(a) in paragraph 1—

(i) for “Member States” substitute “a fisheries administration”,

(ii) for “on the territory of the Member State concerned” substitute “in the United Kingdom”,

(iii) for “this Member State” substitute “the fisheries administration”, and

(iv) for “approved by the Commission and based on the risk-based methodology adopted by the Commission in accordance with the procedure referred to in Article 119” substitute “in accordance with the risk-based methodology described in Annex XIX to Commission Implementing Regulation (EU) No 404/2011”, and

(b) omit paragraph 2.

(62) In Article 62—

(a) in paragraph 1—

(i) for “Member States” substitute “a fisheries administration”,

(ii) for “EUR 200 000” substitute “£175,000”,

(iii) for “a Member State” substitute “the United Kingdom”, and

(iv) for “the Member State in whose territory the first sale takes place” substitute “a fisheries administration”;

(b) in paragraph 2—

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

(ii) for “Member States” substitute “a fisheries administration”, and

(iii) for “EUR 200 000” substitute “£175,000”;

(c) for paragraph 3 substitute—

“3.   If the first sale of fish landed by a fishing vessel of a third country takes place in the United Kingdom, a fisheries administration must ensure that a copy of the sales note is submitted, if possible, electronically, to the competent authorities of the flag state of the fishing vessel upon receipt of the relevant information.”;

(d) for paragraph 4 substitute—

“4.   If the first marketing of fisheries products takes place in the United Kingdom, but the products were not landed in the United Kingdom, a fisheries administration must ensure a copy of the sales note is submitted, if possible electronically, to the competent authorities responsible for controlling the landing of the products concerned and to the competent authorities of the flag state of the fishing vessel upon receipt of the sales note.”;

(e) in paragraph 5—

(i) for “Union” substitute “United Kingdom”,

(ii) for “the fishing vessel” substitute “a United Kingdom fishing vessel”, and

(iii) for “the flag Member State” substitute “a fisheries administration”; and

(f) omit paragraph 6.

(63) In Article 63—

(a) in paragraph 1—

(i) for “Member States” substitute “a fisheries administration”,

(ii) for “EUR 200 000” substitute “£175,000”, and

(iii) for “the Member State in whose territory the first sale takes place” substitute “a fisheries administration”; and

(b) in paragraph 2, for “Member States shall” substitute “A fisheries administration must”.

(64) In Article 64(1)(h) omit “of fishery products in accordance with Article 30 of Regulation (EU) No 1379/2013”.

(65) In Article 66—

(a) in paragraph 1—

(i) for “EUR 200 000” substitute “£175,000”,

(ii) for “a Member State” substitute “the United Kingdom”, and

(iii) for “the Member State where the take-over takes place” substitute “a fisheries administration”; and

(b) omit paragraph 2.

(66) In Article 67—

(a) in paragraph 1—

(i) for “EUR 200 000” substitute “£175,000”,

(ii) “a Member State” substitute “the United Kingdom”, and

(iii) for “the Member State where the take-over takes place” substitute “a fisheries administration”; and

(b) omit paragraph 2.

(67) In Article 68—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) for the words from “the Member State” to the end, substitute “a fisheries administration”;

(b) in paragraph 2—

(i) for “flag Member State” substitute “a fisheries administration”,

(ii) for “Member State” in each place it occurs, substitute “country”;

(c) in paragraph 3—

(i) for “Member State” in each place it occurs, substitute “country”, and

(ii) omit the final sentence.

(d) in paragraph 6 for “Member States” substitute “a fisheries administration”.

(68) In Article 69—

(a) in paragraph 1—

(i) for “Article 6(1) of Regulation (EC) No 104/2000” substitute “Article 18 of Regulation (EU) 1379/2013”,

(ii) for “Member States shall” substitute “a fisheries administration must”,

(iii) for “Article 5 of Regulation (EC) No 104/2000” substitute “Article 14 of Regulation (EU) 1379/2013”; and

(b) omit paragraphs 2 and 3.

(69) Omit Article 70.

(70) In Article 71—

(a) in the heading omit “by Member States”;

(b) in paragraph 1—

(i) for “Member States shall” substitute “A fisheries administration must”, and

(ii) for “Union waters under their sovereignty or jurisdiction” substitute “United Kingdom waters”;

(c) in paragraph 2, for “Member State” substitute “fisheries administration”;

(d) for paragraph 3 substitute—

“3.   If the sighting or detection refers to a fishing vessel of a third country, and the information does not correspond to any other information that is available to the competent authority of a fisheries administration, and if the authority is not in a position to undertake further action, it shall record its findings in a surveillance report and shall transmit that report without delay, if possible by electronic means, to the flag state concerned.”; and

(e) in paragraph 4—

(i) omit “of a Member State”, and

(ii) for “the rules of the common fisheries policy” substitute “Fisheries Rules”.

(71) In Article 72—

(a) for paragraph 1 substitute—

“1.   A fisheries administration must, upon receipt of a surveillance report from a third country, take prompt action on it and undertake such further investigation as is necessary to allow it to determine appropriate follow up.”;

(b) omit paragraph 2; and

(c) in paragraph 3, for “The Commission or the body designated by it or, where appropriate, the flag Member State and other Member States” substitute “A fisheries administration”.

(72) In Article 73—

(a) in paragraph 1—

(i) omit “Union”,

(ii) for “the Council” substitute “a fisheries administration”, and

(iii) for “the rules of the common fisheries policy” substitute “Fisheries Rules”;

(b) in paragraph 4 for “the flag Member State” substitute “a fisheries administration”;

(c) in paragraph 5—

(i) for “flag Member State” substitute “flag state”, and

(ii) for “Member States shall” substitute “A fisheries administration must”;

(d) in paragraph 6 for “the rules of the common fisheries policy” substitute “Fisheries Rules”;

(e) in paragraph 7 for “Union” in each place it occurs, substitute “United Kingdom”; and

(f) for paragraph 8 substitute—

“8.   All costs arising from the operation of control observers in respect of United Kingdom fishing vessels shall be borne by a fisheries administration. A fisheries administration may charge those costs, in part or in full, to the operators of United Kingdom fishing vessels involved in the relevant fishery.”;

(73) In Article 73a—

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

(b) omit “flying their flag”.

(74) Omit Article 74.

(75) In Article 76(1)—

(a) omit the third sentence; and

(b) omit the final sentence.

(76) Omit Article 77.

(77) In Article 78(1) for “Member States shall” substitute “A fisheries administration must”.

(78) Omit Articles 79 to 83.

(79) In Article 84—

(a) in paragraph 1 for “The flag Member State or the coastal Member State in whose waters a fishing vessel is suspected” substitute “A fisheries administration which suspects a fishing vessel”; and

(b) in paragraph 2—

(i) for “The coastal Member State shall” substitute “A fisheries administration must”,

(ii) for “national” substitute “applicable”, and

(iii) for “flag Member State” substitute “flag state”.

(80) Omit Chapter 4 of Title 7.

(81) Omit Article 89.

(82) In Article 90—

(a) in paragraph 1—

(i) for “the Member State” substitute “a fisheries administration”,

(ii) in point (c), for “the rules of the common fisheries policy” substitute “Fisheries Rules”;

(b) in paragraph 2 for “Member States shall” substitute “A fisheries administration must”;

(c) in paragraph 3 for the words from “Without prejudice” to “Member States shall” substitute “A fisheries administration must”;

(d) in paragraph 4 for “the Member State shall” substitute “a fisheries administration must”;

(e) in paragraph 5 for “Member States” substitute “A fisheries administration”; and

(f) in paragraph 6 omit “, in particular those described in Article 45 of Regulation (EC) No 1005/2008”.

(83) In Article 91 for “Member States shall” substitute “A fisheries administration must”.

(84) In Article 92—

(a) in paragraph 1—

(i) for “Member States shall” substitute “A fisheries administration must”, and

(ii) for “the rules of the common fisheries policy” substitute “Fisheries Rules”;

(b) in paragraph 2 for “the rules of the common fisheries policy” substitute “Fisheries Rules”; and

(c) in paragraph 6—

(i) for “Member States shall” substitute “A fisheries administration must”, and

(ii) for “the rules of the common fisheries policy” substitute “Fisheries Rules”.

(85) In Article 93—

(a) for paragraph 1 substitute—

“1.   A fisheries administration must enter in a national register all infringements of Fisheries Rules committed by United Kingdom fishing vessels or by United Kingdom nationals, including the sanctions they incurred and the number of points assigned. A fisheries administration must also enter infringements by United Kingdom fishing vessels and United Kingdom nationals prosecuted in other countries.”; and

(b) omit paragraphs 2 and 3.

(86) Omit Article 94.

(87) In Article 95—

(a) in paragraph 3 for “each Member State shall” substitute “a fisheries administration must”; and

(b) in paragraph 4 for “The Member States concerned shall” substitute “The fisheries administration concerned must”.

(88) Omit Titles 10 to 12.

(89) Omit Articles 117 and 118.

(90) Omit Title 15.

(91) Annex 1—

(a) in paragraph 1 for “Each Member State shall” substitute “A fisheries administration must”;

(b) in paragraph 3 omit the final sentence; and

(c) in paragraph 4—

(i) omit the first subparagraph,

(ii) in the second subparagraph for “Member States shall” substitute “A fisheries administration must”,

(iii) omit the third subparagraph,

(iv) in point (a) for “a Member State” substitute “the United Kingdom”, and

(v) in point (d) omit “at the Member State’s disposal”.

Commission 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

5.—(1) Despite the revocation of Articles 6(5), 16, 25, 37, 55, 74, 79, 103, 105, 106, 107, 111, 116, 117 and 118 of Council Regulation (EC) No 1224/2009, Commission 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 continues to have effect and is amended as follows.

(2) In Article 1—

(a) for “European Union” substitute “United Kingdom”; and

(b) at the end insert—

“This Regulation applies without prejudice to special provisions contained in fisheries agreements concluded between the United Kingdom and other countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the United Kingdom is a Contracting Party or a non-contracting Cooperating Party.”.

(3) In Article 2—

(a) omit points 1 and 2;

(b) omit point 4;

(c) in point 12, for “Member State authorities” substitute “the authorities of a fisheries administration or of a third country”;

(d) omit point 14;

(e) in point 15 for “Member State” substitute “fisheries administration”;

(f) in point 17 omit “Member States”; and

(g) at the end insert—

“(19) ‘the Control Regulation’ means Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.”.

(4) In Article 3—

(a) in paragraph 1 omit “Union”;

(b) in paragraph 2 for “Member States for their fishing vessels” substitute “a fisheries administration for United Kingdom fishing vessels”;

(c) in paragraph 6 for “the flag Member State shall” substitute “a fisheries administration must”; and

(d) omit paragraph 7.

(5) In Article 4—

(a) in paragraph 1 omit “Union”;

(b) in paragraph 2—

(i) for “The flag Member State shall” substitute “A fisheries administration must”, and

(ii) for “the rules of the Common Fisheries Policy” substitute “Fisheries Rules”; and

(c) in paragraph 5—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the territorial waters of their flag Member States” substitute “United Kingdom waters”.

(6) In Article 5—

(a) in paragraph 1—

(i) omit “when the websites referred to in Article 114 of the Control Regulation have become operational and not later than 1 January 2012”,

(ii) for “Member States shall” substitute “a fisheries administration must”, and

(iii) for “their fishing vessels” substitute “United Kingdom fishing vessels”; and

(b) omit paragraph 2.

(7) In the heading to Chapter 3 of Title 2 for “Union” substitute “United Kingdom”.

(8) In Article 6—

(a) for “Union” in each place it occurs, substitute “United Kingdom”; and

(b) in point (c) of the first paragraph, for “the flag Member State” substitute “a fisheries administration”.

(9) In Article 7—

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

(b) in paragraph 1—

(i) for “Union” substitute “United Kingdom”,

(ii) for “the Member State in which it is registered” substitute “a fisheries administration”, and

(iii) in point (e) for “Union” substitute “United Kingdom”;

(c) in paragraph 2 for “Union” substitute “United Kingdom”;

(d) in paragraph 3 for “an EU” substitute “a United Kingdom fishing”; and

(e) in paragraph 4 for “the flag Member State” in each place it occurs, substitute “a fisheries administration”.

(10) In Article 8 for “Union” in each place it occurs, substitute “United Kingdom”.

(11) In Article 9—

(a) in paragraph 1—

(i) for “Union” in each place it occurs, substitute “United Kingdom”, and

(ii) omit “of the coastal Member States”;

(b) in paragraph 2 for “Union” substitute “United Kingdom”; and

(c) in paragraph 3 for “Union” substitute “United Kingdom”.

(12) In Article 10 for “Union” substitute “United Kingdom”.

(13) In Article 11 for “Union” substitute “United Kingdom”.

(14) In Article 13 for “Union” in each place it occurs, substitute “United Kingdom”.

(15) In Article 18—

(a) in the heading omit “Union”;

(b) in paragraph 1 for “Union” substitute “United Kingdom”;

(c) in paragraph 2—

(i) for “Union” in each place it occurs, substitute “United Kingdom”,

(ii) in point (a) for “the flag Member State and the FMC of the coastal Member State” substitute “a fisheries administration”,

(iii) in the final sentence, for “the flag Member State” substitute “a fisheries administration”, and

(iv) omit “Union”; and

(d) in paragraph 3 omit “Union”.

(16) In Article 19—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the flag Member State” substitute “a fisheries administration”; and

(b) in paragraph 2 for “Member States shall” substitute “A fisheries administration must”.

(17) In Article 20—

(a) in paragraph 1 for “Union” substitute “United Kingdom”;

(b) in paragraph 2 for “Union” substitute “United Kingdom”; and

(c) in paragraph 3 for “the flag Member State” substitute “a fisheries administration”.

(18) In Article 21—

(a) in the heading, for “flag Member States” substitute “a fisheries administration”; and

(b) for “Each flag Member State shall” substitute “A fisheries administration must”.

(19) In Article 22—

(a) for “Each Member State shall” substitute “A fisheries administration must”; and

(b) for “its fishing vessels” in each place it occurs, substitute “fishing vessels in its fleet”.

(20) In Article 23—

(a) for “Each Member State shall” substitute “A fisheries administration must”;

(b) for “its fishing vessels” substitute “fishing vessels in its fleet”; and

(c) in point (c) for “European Union or certain Member States are” substitute “United Kingdom is”.

(21) Omit Article 24.

(22) In Article 25—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”,

(ii) for “the flag Member State” substitute “a fisheries administration”, and

(iii) omit the final sentence;

(b) in paragraph 2—

(i) for “the flag Member State shall” substitute “a fisheries administration must”, and

(ii) omit the final sentence;

(c) in paragraph 3—

(i) for “Union” substitute “United Kingdom”,

(ii) for “the flag state” substitute “a fisheries administration”,

(iii) for “the flag Member State” substitute “a fisheries administration”, and

(iv) for “its fishing vessels” substitute “fishing vessels in its fleet”;

(d) in paragraph 4—

(i) for “the flag Member State or, where appropriate, of the coastal Member State shall” substitute “a fisheries administration must”,

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

(e) in paragraph 5 for “the flag Member State” substitute “a fisheries administration”.

(23) In Article 26—

(a) in paragraph 1—

(i) for “flag Member State” substitute “fisheries administration”,

(ii) for “Union” substitute “United Kingdom”,

(iii) for “an EU” substitute “a”, and

(iv) for “flag Member State shall” in each place it occurs, substitute “fisheries administration must”;

(b) in paragraph 2—

(i) for “flag Member State” substitute “fisheries administration”,

(ii) for “another Member State” substitute “a third country”, and

(iii) for “the FMC of that coastal Member State” substitute “the competent authority of that country”;

(c) omit paragraph 3.

(24) In Article 27—

(a) for paragraph 1 substitute—

“1.   A fisheries administration shall use relevant data received from other authorities for the effective monitoring of the activities of fishing vessels.”;

(b) in paragraph 2, for “Flag Member States shall” substitute “A fisheries administration must”.

(25) Omit Article 28.

(26) In Article 29—

(a) in the heading omit “Union”;

(b) in paragraph 1 for “Union” substitute “United Kingdom”; and

(c) omit paragraph 2.

(27) In Article 30—

(a) in paragraph 1 for “Union” in each place it occurs, substitute “United Kingdom”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for “Union” in the first three places it occurs, substitute “United Kingdom”, and

(ii) for “the Union rules” substitute “laws applicable in the United Kingdom”; and

(d) omit paragraph 4.

(28) In Article 31—

(a) in paragraph 2 for “the flag Member State” substitute “a fisheries administration”; and

(b) in paragraph 4 for “Union” substitute “United Kingdom”.

(29) In Article 32—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”,

(ii) for “its flag Member State” substitute “the United Kingdom”, and

(iii) for “Member State” substitute “fisheries administration”;

(b) in paragraph 3—

(i) for “Union” substitute “United Kingdom”,

(ii) for “Member State other than its flag Member State” substitute “third country”,

(iii) for “Member State” substitute “country”, and

(iv) for “the flag Member State” substitute “a fisheries administration”;

(c) in paragraph 4—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the flag Member State” substitute “a fisheries administration”; and

(d) in paragraph 5, for “Union” substitute “United Kingdom”.

(30) In Article 33(1)(c) for “in the Community legislation or by the flag Member State” substitute “by a fisheries administration”.

(31) In Article 34 for “Union” substitute “United Kingdom”.

(32) In Article 36—

(a) in the heading omit “Union”;

(b) in paragraph 1 for “Union” substitute “United Kingdom”; and

(c) in paragraph 2 omit “Union”.

(33) In Article 37—

(a) in the heading—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “its flag State” substitute “a fisheries administration”;

(b) for “Member States shall” substitute “A fisheries administration must”; and

(c) for “Union fishing vessels flying their flags” substitute “United Kingdom fishing vessels”

(34) In Article 38—

(a) in paragraph 1 for “Union” substitute “United Kingdom”; and

(b) in paragraph 2 for “Union” substitute “United Kingdom”.

(35) In Article 39—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”,

(ii) for “the flag Member State” substitute “a fisheries administration”, and

(iii) omit the final sentence;

(b) in paragraph 2—

(i) in point (a), for “the flag State” substitute “a fisheries administration”, and

(ii) in point (e), for “Community legislation or by the flag State” substitute “by a fisheries administration”;

(c) in paragraph 3 for “the flag Member State” substitute “a fisheries administration”;

(d) in paragraph 4—

(i) for “Union” substitute “United Kingdom”,

(ii) for “the flag Member State” in each place it occurs, substitute “a fisheries administration”, and

(iii) for “coastal Member State” in each place it occurs, substitute “third country”; and

(e) in paragraph 5 for “the flag Member State” substitute “a fisheries administration”.

(36) In Article 40—

(a) in paragraph 1—

(i) for “flag Member State” substitute “fisheries administration”,

(ii) for “Union” in each place it occurs, substitute “United Kingdom”,

(iii) for “the flag Member State shall” both times it occurs substitute “a fisheries administration must”;

(b) in paragraph 2—

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

(ii) for “coastal Member State” in each place it occurs, substitute “third country”; and

(c) in paragraph 3—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the flag Member State” substitute “a fisheries administration”.

(37) Omit Article 41.

(38) In Article 42—

(a) in paragraph 1—

(i) for “Member States shall” substitute “A fisheries administration must”,

(ii) in point (a) for “their fishing vessels” substitute “fishing vessels in its fleet”, and

(iii) in points (b) and (c), for “Member State” substitute “state”; and

(b) omit paragraph 2.

(39) Omit Article 43.

(40) Omit Article 44.

(41) In Article 45—

(a) in the heading omit “between Member States”; and

(b) for “Member States shall” substitute “A fisheries administration must”.

(42) Omit Article 46.

(43) In Article 47—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”,

(ii) for “the flag Member State” in each place it occurs, substitute “a fisheries administration”, and

(iii) in point (e) for “in EU legislation or by the flag State” substitute “by a fisheries administration”;

(b) in paragraph 1a—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “the flag Member State” substitute “a fisheries administration”;

(c) in paragraph 2 for “the flag Member State” substitute “a fisheries administration”; and

(d) in paragraph 4—

(i) for “Union” in each place it occurs, substitute “United Kingdom”, and

(ii) for “the flag Member State” substitute “a fisheries administration”.

(44) In Article 49—

(a) in paragraph 1—

(i) omit “EU”, and

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

(b) in paragraph 2 for “European Union” in each place it occurs, substitute “United Kingdom”;

(c) in paragraph 3 for “flag Member State” substitute “a fisheries administration”; and

(d) in paragraph 4—

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

(ii) omit “EU”.

(45) In Article 51 for “Union” substitute “United Kingdom”.

(46) In Article 53 for “Member States shall” substitute “A fisheries administration must”.

(47) In Article 55—

(a) in the heading omit “Union”;

(b) for “Union” in each place it occurs, substitute “United Kingdom”; and

(c) omit the two indents and the colon immediately before them.

(48) Omit Chapter 4 of Title 3.

(49) In Article 58 omit paragraph 2.

(50) Omit Chapter 6 of Title 3.

(51) In Article 61—

(a) in paragraph 1 for “Council Regulation (EEC) No 2930/86” substitute “Regulation (EU) 2017/1130”; and

(b) omit paragraph 4.

(52) In Article 62—

(a) in paragraph 1—

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

(ii) for “those fishing vessels” substitute “United Kingdom fishing vessels”,

(iii) for “in their fleet” substitute “in its fleet”,

(iv) in point (b) omit “national or European Union”, and

(v) in point (c) for “Member States” substitute “a fisheries administration”; and

(b) omit paragraphs 2 to 6.

(c) In Article 63(2) for “Regulation (EEC) No 2930/86” substitute “Regulation (EU) 2017/1130”.

(53) Omit Chapter 8 of Title 3.

(54) In Article 67—

(a) in paragraph 5 for “Member States” substitute “a fisheries administration”;

(b) omit paragraph 8; and

(c) in paragraph 13(a) omit “in Union legislation”.

(55) In Article 69—

(a) for “Union” in each place it occurs, substitute “United Kingdom”; and

(b) for “a Member State” in each place it occurs, substitute “the United Kingdom”.

(56) In Article 70 for “Union” in each place it occurs, substitute “United Kingdom”.

(57) In Article 71—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “European Union” substitute “United Kingdom”;

(b) in paragraph 2 for “Union” substitute “United Kingdom”; and

(c) in paragraph 3—

(i) for “Union” substitute “United Kingdom”,

(ii) for “the Member State” in the first place it occurs, substitute “a fisheries administration”, and

(iii) for “Member State” in the second place it occurs, substitute “country”.

(58) In Article 72—

(a) in paragraph 1 omit “in accordance with national systems”; and

(b) for “the Member State” substitute “a fisheries administration”.

(59) In Article 76—

(a) in paragraphs 1 and 2 for “Member States” in each place it occurs, substitute “a fisheries administration”; and

(b) omit paragraphs 3 and 4.

(60) In Article 77—

(a) in paragraph 1 for “Member States” substitute “a fisheries administration”; and

(b) omit paragraphs 2 to 5.

(61) In Article 78 for “Union” in each place it occurs, substitute “United Kingdom”.

(62) In Article 79—

(a) in paragraph 1—

(i) in the first indent—

(aa) for “a Member State” substitute “the United Kingdom”,

(bb) for “the Member State concerned” substitute “a fisheries administration”,

(ii) omit the second indent, and

(iii) omit “and where this control plan or common control programme has been approved by the Commission.”;

(b) in paragraph 2 for “Each Member State concerned shall” substitute “A fisheries administration must”;

(c) omit paragraphs 3 and 4;

(d) in paragraph 5—

(i) for “Member States shall” substitute “A fisheries administration must”,

(ii) for “their vessels” substitute “United Kingdom fishing vessels”, and

(iii) for “European Union” in each place it occurs, substitute “United Kingdom”;

(e) omit paragraph 6; and

(f) in paragraph 7 for “The Commission and the Member States concerned shall” substitute “A fisheries administration must”.

(63) In Article 80—

(a) in the heading omit “of a Member State”;

(b) in paragraph 1—

(i) for “the Member State in which the landing is to be made,” substitute “a fisheries administration”,

(ii) before “port of landing” insert “a United Kingdom”,

(iii) omit “concerned”, and

(iv) in point (d) for “Union law” substitute “Fisheries Rules”;

(c) in paragraph 2—

(i) for “Union” substitute “United Kingdom”,

(ii) for “his flag Member State” substitute “a fisheries administration”,

(iii) for “The Member States shall” substitute “A fisheries administration must”, and

(iv) for “Member State where the landing is to be made” substitute “country where the landing is to be made”; and

(d) for paragraph 3 substitute—

“3.   A fisheries administration may provide for a shorter notification period than laid down in paragraph 1. In such a case, the fisheries administration must put this information on its official website.”.

(64) In Article 81 for “Member State concerned shall” substitute “A fisheries administration must”.

(65) In Article 82—

(a) after “arrival in” insert “a United Kingdom”; and

(b) for “the Member State” substitute “a fisheries administration”.

(66) In Article 87 for “Member State “substitute “country”.

(67) Omit Articles 88 and 89.

(68) In Article 90(3) for “the currency applicable in the Member State where sale takes place” insert “pounds sterling”.

(69) In Article 91—

(a) in paragraph 1—

(i) for “Member States shall” substitute “A fisheries administration must”, and

(ii) for “Member States and the” substitute “a fisheries administration and its”;

(b) omit paragraphs 2 and 3;

(c) in paragraph 4 for “Member States shall” substitute “A fisheries administration must”; and

(d) omit paragraphs 5, 6 and 7.

(70) In Article 92—

(a) omit paragraph 2;

(b) in paragraph 3 for “kept available in the database” substitute “retained”;

(c) in paragraph 4—

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

(ii) for “its fishing vessels” substitute “United Kingdom fishing vessels”; and

(d) in paragraph 5 for “European Union” substitute “United Kingdom”.

(71) In Article 93—

(a) in paragraph 1 for “Union” substitute “United Kingdom”;

(b) in paragraph 2—

(i) for “Member States shall” in each place it occurs, substitute “A fisheries administration must”, and

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

(c) in paragraph 3 omit “EU”.

(72) In Article 94 for “Union” in each place it occurs, substitute “United Kingdom”.

(73) In Article 95—

(a) for “Union” in each place it occurs, substitute “United Kingdom”; and

(b) in paragraph 3—

(i) for “the flag Member State” substitute “a fisheries administration”, and

(ii) omit the words from “Their competent authorities shall make the report available” to the end.

(74) In Article 97—

(a) in paragraph 1—

(i) for “the Member States” substitute “a fisheries administration”, and

(ii) for “Member States shall” substitute “a fisheries administration must”,

(b) omit paragraph 2.

(75) In Article 98—

(a) in paragraph 1 for “Member States shall” substitute “a fisheries administration must”;

(b) omit paragraph 2;

(c) in paragraph 3—

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

(ii) for “the rules of the Common Fisheries Policy” substitute “Fisheries Rules”; and

(d) omit paragraph 5.

(76) In Article 99 omit point (d).

(77) In Article 101—

(a) for the heading for “Member State, the Commission and European Fisheries Control Agency” substitute “a fisheries administration”;

(b) in paragraph 1 for “Member States, and, where appropriate, the Commission and the European Fisheries Control Agency shall” substitute “a fisheries administration must”;

(c) in paragraph 2—

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

(ii) for “national law” substitute “applicable laws”; and

(d) omit paragraph 3.

(78) In Article 105—

(a) in paragraph 1(b) for “rules of the Common Fisheries Policy” substitute “Fisheries Rules”;

(b) in paragraph 2 for “the Member States shall” substitute “a fisheries administration must”; and

(c) in paragraph 3 for “Member States” substitute “a fisheries administration”.

(79) In Article 106(3) for “Member States shall” substitute “A fisheries administration must”.

(80) In Article 107 for “Member State shall” substitute “fisheries administration must”.

(81) In Article 109 for “Member States shall” substitute “a fisheries administration must”.

(82) In Article 111 for “Member States” substitute “a fisheries administration”.

(83) Omit Article 112.

(84) In Article 113—

(a) for paragraph 1 substitute—

“1.   All United Kingdom operators may be subject to an inspection regarding their obligations under Fisheries Rules.”; and

(b) in paragraph 2(a) for “the rules of the Common Fisheries Policy” substitute “Fisheries Rules”.

(85) In Article 115 omit paragraph 5.

(86) In Article 116(2) omit “Without prejudice to national law”.

(87) In Article 117 omit the words from “and in accordance with the national law” to the end.

(88) In Article 118—

(a) in paragraph 1, for “Member States shall” substitute “A fisheries administration must”; and

(b) omit paragraph 2.

(89) Omit Chapter 5 of Title 6.

(90) In Article 125 for “Each Member State shall” substitute “A fisheries administration must”.

(91) in Article 126—

(a) in paragraph 1 omit “by the competent authority of the flag Member State”;

(b) in paragraph 4 omit the second sentence; and

(c) omit paragraph 5.

(92) Omit Article 127.

(93) In Article 130—

(a) in paragraph 1—

(i) after “fishing licence” insert “in respect of a United Kingdom fishing vessel”, and

(ii) for “the flag Member State” substitute “a fisheries administration”, and

(b) in paragraph 2 for “the flag Member State” in each place it occurs, substitute “a fisheries administration”.

(94) In Article 131—

(a) in paragraph 1 omit the final sentence; and

(b) omit paragraphs 2 and 3.

(95) Omit Article 134.

(96) Omit Title 8.

(97) Omit Articles 143 to 146a.

(98) In Article 146c—

(a) omit paragraph 2;

(b) omit paragraph 3;

(c) omit paragraph 7; and

(d) omit paragraph 8.

(99) In Article 146d, in paragraph 8 omit “and the Commission”.

(100) Omit Articles 146e – 153.

(101) In Article 154—

(a) for paragraph 1 substitute—

“1.   When a fisheries administration becomes aware of any potential non-compliance with Fisheries Rules, in particular serious infringement referred to in Article 90(1) of the Control Regulation or reasonably suspects that such an infringement may occur, it must notify the countries concerned without delay. That notification shall supply all necessary information.”;

(b) for paragraph 2 substitute—

“2.   When a fisheries administration takes enforcement measures in relation to a non-compliance or an infringement referred to in paragraph 1, it must notify the other countries concerned.”.

(102) Omit Sections 3, 4 and 5 of Title 10.

(103) Omit Articles 165 and 167.

(104) In Annex 2 for “Union” substitute “United Kingdom”.

(105) In Annex 3 for “Union” substitute “United Kingdom”.

(106) In Annex 6 omit “Union” in each place it occurs.

(107) Omit Annex 7.

(108) In Annex 10—

(a) in the first sentence—

(i) omit “Union”, and

(ii) for “a Member State” substitute “the United Kingdom”;

(b) in the table—

(i) in the first row—

(aa) for “CFR” substitute “UKFR”,

(bb) for “Community Fleet Register (CFR)” substitute “United Kingdom Fleet Register (UKFR)”,

(cc) for “Union vessel by a Member State” substitute “United Kingdom fishing vessel by a fisheries administration”, and

(dd) for “Union” in each place it occurs, substitute “United Kingdom”;

(ii) in the third row omit “, Member State”;

(iii) in the seventh row—

(aa) for “CFR” substitute “UKFR”,

(bb) for “Community Fleet Register (CFR)” substitute “United Kingdom Fleet Register (UKFR)”, and

(cc) for “Union” substitute “United Kingdom”;

(c) in table note (1) for “Article 10 of Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25)” substitute “Article 8 of Commission Implementing Regulation (EU) 2017/218 on the Union fishing fleet register”;

(d) in table note (2) for “a Union legal act adopted in the area of the common fisheries policy” substitute “relevant retained direct EU legislation”; and

(e) in point 2—

(i) for “Member States” in the first place it occurs, substitute “a fisheries administration”, and

(ii) for “in Member States” substitute “of a fisheries administration”.

(109) Omit Annexes 16 and 17.

(110) In Annex 18 in point 4 for the second sentence, substitute “A fisheries administration may use a different tare weight per box or block”.

(111) In Annex 19—

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

(b) in the first sentence for “Member States” substitute “a fisheries administration”;

(c) in point 2—

(i) for “the rules of the Common Fisheries Policy” substitute “Fisheries Rules”, and

(ii) omit “in the Member State”;

(d) in point 3 for “Member States shall” substitute “A fisheries administration must”;

(e) in point 4—

(i) for “the rules of the Common Fisheries Policy” substitute “Fisheries Rules”, and

(ii) for “Member States shall” substitute “a fisheries administration must”;

(f) in point 6—

(i) for “Member States” substitute “a fisheries administration”, and

(ii) for “Member States shall” substitute “a fisheries administration should”; and

(g) in point 7 for “each Member State” substitute “a fisheries administration”.

(112) In Annex 20—

(a) in the first sentence for “Member States” substitute “a fisheries administration”;

(b) in point 2 for “Member States shall” substitute “A fisheries administration must”;

(c) in point 3 for “the rules of the Common Fisheries Policy (CFP)” substitute “Fisheries Rules”;

(d) in point 4 for Member States shall” substitute “A fisheries administration must”;

(e) in point 5—

(i) for “the rules of the Common Fisheries Policy” substitute “Fisheries Rules”, and

(ii) for “Member States shall” substitute “a fisheries administration must”;

(f) in point 8 for “Member States shall” substitute “a fisheries administration should”, and

(g) in point 10 for “each Member State” substitute “a fisheries administration”.

(113) In Annex 21—

(a) in the first sentence—

(i) for “Member States” substitute “a fisheries administration”, and

(ii) for “that Member State” substitute “the United Kingdom”;

(b) in point 1—

(i) for “the rules of the Common Fisheries Policy” substitute “Fisheries Rules”,

(ii) for “Member State” substitute “fisheries administration”, and

(iii) for “that Member State” substitute “the United Kingdom”;

(c) in point 2 for “the rules of the Common Fisheries Policy (CFP)” substitute “Fisheries Rules”;

(d) in point 3 for “Member States shall” substitute “A fisheries administration must”;

(e) in point 4 for “the rules of the Common Fisheries Policy, Member States shall” substitute “Fisheries Rules, a fisheries administration must”;

(f) in point 5—

(i) in the first indent for “Member State” substitute “United Kingdom”, and

(ii) in the sixth indent for “Member States” substitute “a fisheries administration”; and

(g) in point 6—

(i) for “the Member State” substitute “a fisheries administration”, and

(ii) “Member States shall” substitute “a fisheries administration should”.

(114) Omit Annex 22.

(115) In Annex 23—

(a) in point 3 for “Member State” substitute “country”;

(b) in point 11 before “Community” insert “United Kingdom Fleet Register number or”.

(116) Omit Annex 24.

(117) In Annex 26 for “Community” substitute “United Kingdom”;

(118) Omit Annex 27.

(119) In Annex 30—

(a) in row 2 of the table, for “Union legislation” substitute “relevant retained direct EU law”; and

(b) in row 10 of the table, omit “Union”.

(120) Omit Annexes 33 to 37.

Council Regulation (EC) No 1936/2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish

6.—(1) Council Regulation (EC) No 1936/2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish is amended as follows.

(2) In Article 1 for “vessels flying the flag of Member States and registered in the Community, (hereinafter referred to as Community fishing vessels),” substitute “United Kingdom fishing vessels”.

(3) In Article 3(b) for “State” substitute “state”.

(4) In Article 4a—

(a) in paragraph 1 for “Community” substitute “United Kingdom fishing”;

(b) in paragraph 3 for “Article 11 of Regulation (EEC) No 2847/93 or a copy of document T2M referred to in Article 13 of Regulation (EEC) No 2847/93” substitute “Article 21 of Council Regulation (EC) No 1224/2009”; and

(c) for paragraph 4 substitute—

“4.   A fisheries administration must ensure that all bluefin tuna put into cages by United Kingdom fishing vessels are registered by the competent authority.”.

(5) In Article 4b—

(a) in paragraph 1—

(i) for “Member States shall” substitute “A fisheries administration must”,

(ii) for “their” substitute “its”, and

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

(b) in paragraph 2 for “Member States shall” substitute “A fisheries administration must”; and

(c) omit paragraph 4.

(6) Omit Article 4c.

(7) In Article 20—

(a) for “Member States shall” substitute “A fisheries administration must”; and

(b) for “flying their flag” substitute “within their fleet”.

(8) In Article 20c(1) for “Community” substitute “United Kingdom fishing”.

(9) In Article 20d—

(a) in paragraph 1—

(i) for “Member States shall” substitute “A fisheries administration must”, and

(ii) omit “for the Commission,”; and

(b) in paragraph 2—

(i) for “Member States shall” substitute “A fisheries administration must”, and

(ii) omit “, with electronic access for the Commission”.

(10) In Article 22—

(a) for “Each Member State shall” substitute “A fisheries administration must”;

(b) for “flying its flag” substitute “in its fleet”; and

(c) for “Community law” substitute “law”.

(11) Omit Articles 23, 24 and 26.

Commission Regulation (EU) No 724/2010 laying down detailed rules for the implementation of real-time closures of certain fisheries in the North Sea and Skagerrak

7.—(1) Commission Regulation (EU) No 724/2010 laying down detailed rules for the implementation of real-time closures of certain fisheries in the North Sea and Skagerrak is amended as follows.

(2) In Article 3, in point (a) for “Council Regulation (EEC) No 3880/91” substitute “Regulation (EC) No 218/2009”.

(3) In Article 6—

(a) in paragraph 1 for “the coastal Member State and/or the Member State participating in a joint operation under a Joint Deployment Plan shall” substitute “a fisheries administration must”;

(b) for paragraph 2 substitute—

“2.   In the areas identified in accordance with paragraph 1, the fisheries administration must carry out inspections to measure whether the percentage of juveniles reaches the trigger level.”;

(c) in paragraph 3—

(i) for “the coastal Member State and/or the Member State participating in a joint operation under a Joint Deployment Plan shall” substitute “a fisheries administration must”, and

(ii) omit point (b);

(d) omit paragraph 4; and

(e) in point 5 for “coastal Member State” substitute “fisheries administration”.

(4) In Article 7—

(a) in paragraph 1—

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

(ii) omit the words “in accordance with Article 53 of Regulation (EC) No 1224/2009” and the comma immediately before it;

(b) in paragraph 2(c) for “the baseline of the coastal Member State” substitute “baselines”;

(c) in paragraph 3(a) for “Member State” substitute “fisheries administration”; and

(d) in paragraph 4 for “coastal Member State” substitute “fisheries administration”.

(5) In Article 8—

(a) in paragraph 1—

(i) for the words from “For the purpose” to “Member State shall” substitute “The fisheries administration concerned must”,

(ii) omit point (b), and

(iii) in point (d) omit “other “Member States and”;

(b) in paragraph 2—

(i) for “Member States shall” substitute “A fisheries administration must”, and

(ii) for “their FMCs inform the vessels flying their flag” substitute “its FMC informs United Kingdom fishing vessels”; and

(c) for paragraph 3 substitute—

“3.   The fisheries administration concerned must publish on a website accessible to the public the detailed sampling reports and justifications underlying the real-time closure decided in accordance with Article 7.”.

(6) Omit Article 9.

Regulation (EU) 2017/2403 of the European Parliament and of the Council on the sustainable management of external fishing fleets

8.—(1) Regulation (EU) 2017/2403 of the European Parliament and of the Council on the sustainable management of external fishing fleets is amended as follows.

(2) In Article 1 for “Union” in each place it occurs, substitute “United Kingdom”.

(3) In Article 2—

(a) in the heading omit “and Union”;

(b) in points (a) and (b) for “Union” in each place it occurs, substitute “United Kingdom”; and

(c) in point (c) for “Union law” substitute “law applying in the United Kingdom or any part of it”.

(4) In Article 3(2)—

(a) for point (b) substitute—

“(b) ‘fishing authorisation’ means—

(i) in respect of a United Kingdom fishing vessel, an authorisation within the meaning of point 10 of Article 4 of the Control Regulation issued by a third country entitling a United Kingdom fishing vessel to carry out specific fishing operations in the waters under the sovereignty or jurisdiction of that third country, during a specified period, in a given area or for a given fishery under specific conditions; and

(ii) in respect of a third country vessel, an authorisation issued by a fisheries administration entitling the third country vessel to carry out fishing operations in United Kingdom waters during a specified period, in a given area or for a given fishery under specific conditions. Such an authorisation may be by way of, or contained in, a licence issued by the fisheries administration;”;

(b) in point (c) for “Union” substitute “United Kingdom”;

(c) in point (d) omit the second sentence;

(d) in point (e) for “, a third country or a Member State” substitute “or a third country”; and

(e) in point (f)—

(i) after “arrangement by which a” insert “United Kingdom”,

(ii) omit “flying the flag of a Member State”, and

(iii) omit “either another Member State or”.

(5) In the heading to Title 2 for “Union” in each place it occurs, substitute “United Kingdom”.

(6) In Article 4—

(a) for “Union” in each place it occurs, substitute “United Kingdom”;

(b) for “its flag Member State” substitute “a fisheries administration”.

(7) In Article 5—

(a) in paragraph 1—

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

(ii) for “Union” substitute “United Kingdom”,

(iii) in point (a) for “non-Union” substitute “non-United Kingdom”,

(iv) in point (c ) for “under Union law” substitute “by Fisheries Rules”,

(v) in point (d) for “Union” substitute “United Kingdom”, and

(vi) in point (e) for “flag Member State” substitute “United Kingdom”; and

(b) omit paragraph 2.

(8) In Article 6—

(a) in paragraph 1 for “Union” in each place it occurs, substitute “United Kingdom”;

(b) in paragraph 2—

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

(ii) omit point (d).

(c) in paragraph 3—

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

(ii) in point (d), for “Union” substitute “United Kingdom”;

(d) in paragraph 4—

(i) for “flag Member State shall” substitute “fisheries administration must”, and

(ii) omit point (b); and

(e) in paragraph 5 for “the flag Member State” substitute “a fisheries administration”.

(9) In Article 7—

(a) in paragraph 1 for “the flag Member State” substitute “a fisheries administration”;

(b) in paragraph 2 for “the flag Member State” substitute “a fisheries administration”;

(c) in paragraph 3 for “flag Member State shall” substitute “fisheries administration must”;

(d) in paragraph 4—

(i) for “the flag Member State” in each place it occurs, substitute “a fisheries administration”,

(ii) omit “and the Commission”, and

(iii) for “the Commission” in the second place it occurs, substitute “a fisheries administration”; and

(e) omit paragraphs 5, 6 and 7.

(10) In the heading to Chapter 2 for “Union” substitute “United Kingdom”.

(11) In Article 8 for “Union” substitute “United Kingdom”.

(12) In Article 9 for “Union” substitute “United Kingdom”.

(13) In Article 10—

(a) in the heading omit “by the flag Member State”; and

(b) for “flag Member State” substitute “fisheries administration”.

(14) Omit Articles 11, 12 and 13.

(15) In Article 14—

(a) in paragraph 1—

(i) for “11” substitute “10”, and

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

(b) omit paragraph 2.

(16) Omit Article 15.

(17) In Article 16 for “Union” substitute “United Kingdom”.

(18) In Article 17—

(a) in the heading omit “by the flag Member State”;

(b) in paragraph 1 for “flag Member State” substitute “fisheries administration”;

(c) in paragraph 2 for “The flag Member State shall” substitute “A fisheries administration must”; and

(d) in paragraph 3 for “of a Member State or of the Union” substitute “in the United Kingdom”.

(19) Omit Article 18.

(20) In the heading to Chapter 3 for “Union” substitute “United Kingdom”.

(21) In Article 19—

(a) for “Union” in each place it occurs, substitute “United Kingdom”.

(22) In Article 20—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”,

(ii) in point (a) for “Union” substitute “United Kingdom”, and

(iii) in point (b) for “its flag Member State” substitute “a fisheries administration”; and

(b) in paragraph 2 for “Union” in each place it occurs, substitute “United Kingdom”.

(23) In Article 21—

(a) in the heading omit “by the flag Member State”;

(b) for “flag Member State” substitute “fisheries administration”; and

(c) in point (b), for “transposing Union law” substitute “relevant laws transposing them”.

(24) Omit Article 22.

(25) In the heading to Chapter 4 for “Union” substitute “United Kingdom”.

(26) In Article 23 for “Union” substitute “United Kingdom”.

(27) In Article 24—

(a) in the heading omit “by the flag Member State”;

(b) for “flag Member State” substitute “fisheries administration”; and

(c) in point (b) for “flag Member State” in each place it occurs, substitute “United Kingdom”.

(28) Omit Article 25.

(29) In the heading to Chapter 5 for “Union” substitute “United Kingdom”.

(30) In Article 26—

(a) for “Union” in each place it occurs, substitute “United Kingdom”;

(b) in paragraph 4 for “its flag Member State” substitute “the United Kingdom”;

(c) in paragraph 5—

(i) for “the flag Member State” substitute “a fisheries administration”,

(ii) omit “its”, and

(iii) for “the CFP” substitute “Fisheries Rules”; and

(d) in paragraph 6—

(i) for “the flag Member State” substitute “a fisheries administration”, and

(ii) omit the final sentence.

(31) In Article 27 for “the flag Member State shall” substitute “a fisheries administration must”.

(32) In Article 28—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) omit the second sentence;

(b) in paragraph 2—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “their flag Member State” substitute “a fisheries administration”; and

(c) in paragraph 3, for “Union” substitute “United Kingdom”.

(33) In Article 29—

(a) for “Union” substitute “United Kingdom”; and

(b) for “the flag Member State” substitute “a fisheries administration”.

(34) In Article 30—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”, and

(ii) for “its flag Member State” substitute “a fisheries administration”;

(b) in paragraph 2—

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

(ii) omit “in accordance with Article 109 of the Control Regulation,”; and

(c) in paragraph 3, for “the flag Member State” substitute “a fisheries administration”.

(35) In the heading to Title 3 for “Union” substitute “United Kingdom”.

(36) In Article 31, for “Union” substitute “United Kingdom”.

(37) In Article 32—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”,

(ii) for “the Commission” substitute “a fisheries administration”;

(b) in paragraph 2—

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

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

(c) in paragraph 3 for “Union” substitute “United Kingdom”.

(38) In Article 33(1)—

(a) for “The Commission” substitute “A fisheries administration”;

(b) for “Union” substitute “United Kingdom”;

(c) in point (c) for “Union” substitute “relevant retained direct EU”; and

(d) in point (d) for “Union” substitute “United Kingdom”.

(39) In Article 34—

(a) in paragraphs 1, 2 and 3, for “the Commission” wherever it occurs, substitute “a fisheries administration”; and

(b) in paragraph 3 omit “and the Member States”.

(40) In Article 35—

(a) in paragraph 1—

(i) for “the Commission shall” substitute “a fisheries administration must”; and

(ii) omit “and the Member States”; and

(b) in paragraph 2—

(i) for “The Commission” in each place it occurs, substitute “A fisheries administration”; and

(ii) for “Union” substitute “United Kingdom”.

(41) In Article 36—

(a) in paragraph 1—

(i) for “the Commission” in each place it occurs, substitute “a fisheries administration”,

(ii) omit “and the competent inspection authorities of the Member States”, and

(iii) omit the final sentence; and

(b) omit paragraph 4.

(42) Omit Article 37.

(43) In Article 38—

(a) in paragraph 1 for “Union” in each place it occurs, substitute “United Kingdom”;

(b) for paragraph 2 substitute—

“2.   A third country fishing vessel authorised to fish in United Kingdom waters must send to a fisheries administration the data which United Kingdom fishing vessels are required to send to a fisheries administration under the Control Regulation.”;

(c) omit paragraph 3;

(d) in paragraph 4—

(i) for “Union” substitute “United Kingdom”;

(ii) for “the Commission or the body designated by it” substitute “a fisheries administration”;

(e) in paragraph 5 for “coastal Member State” substitute “fisheries administration”.

(44) Omit Articles 39 to 45.

(45) Omit Articles 47 and 48.