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

Type Statutory-Instrument

Publication 2019-03-28

Last updated 2020-12-31

State In force

Department King's Printer of Acts of Parliament

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(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 ”;

(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 ”;

(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 ”;

(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

(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

(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

(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.

(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 ”;

(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

(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

(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 or an authorisation 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 ”;

(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).

(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 ”;

(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 States ”;

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

(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 States ”;

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

(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 States ”;

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

(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 ”;

(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

(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

(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

(38) In Article 33(1)—

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

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

(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 the first 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.

(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.

PART 4 — AMENDMENT OF THE ILLEGAL, UNREPORTED AND UNREGULATED FISHING REGULATIONS

Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

9

(1) Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing is amended as follows.

(2) In Article 1—

(a) in paragraph 1 omit “Community”;

(b) omit paragraph 2; and

(3) The system laid down in paragraph 1 applies to all IUU fishing and associated activities carried out in United Kingdom waters, within maritime waters under the jurisdiction or sovereignty of third countries and on the high seas.

(3) In Article 2—

(a) in points 2 and 4 for “State” and “States” in each place they occur, substitute “ state ” and “ states ” respectively;

(b) omit points 5 and 6;

(d) in point 11—

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

(ii) for “its territory” substitute “ the United Kingdom ”;

(e) in point 12 for “State” substitute “ state ”;

(f) for point 13 substitute—

(13) ‘exportation’ means any movement to a third country of fishery products harvested by United Kingdom fishing vessels wherever the fishery products were harvested;

(g) for point 14 substitute—

(14) ‘re-exportation’ means any movement from the United Kingdom of fishery products which had been previously imported into the United Kingdom;

(h) in point 16 for “States” substitute “ states ”;

(i) for point 17 substitute—

(17) ‘sighting’ means any observation by the competent authorities of a fisheries administration or by the master of a United Kingdom or third country fishing vessel of a fishing vessel that may fall under one or several of the criteria referred to in Article 3(1);

(j) in point 19 for “States” and “State” substitute “ states ” and “ state ” respectively;

(k) in point 20 for “Community” substitute “ United Kingdom ”;

(l) in point 21 omit “, Community”.

(4) In Article 3—

(a) in paragraph 1—

(i) in point (a) for “State” in each place it occurs, substitute “ state ”,

(ii) in point (h) omit “Community”,

(iii) in point (j) for “Community” substitute “ United Kingdom ”,

(iv) in point (k) for “State” substitute “ state ”; and

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

(5) In the heading to Chapter 2 for “MEMBER STATES” substitute “ UNITED KINGDOM ”.

(6) In Article 4—

(a) in paragraph 1 for “Member States” substitute “ the United Kingdom ”;

(b) in paragraph 2 for “Member States” substitute “ the United Kingdom ”;

(i) for “fishing vessels flying the flag of a Member State” substitute “ United Kingdom fishing vessels ”, and

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

(d) in paragraph 4—

(i) for “Fishing vessels flying the flag of a Member State” substitute “ United Kingdom fishing vessels ”, and

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

(7) In Article 5—

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

(b) for paragraph 3 substitute—

(3) A fisheries administration must publish on a website that is accessible to the public a list of ports, or places close to the shore, designated under paragraph 1.

; and

(8) In Article 6—

(a) in paragraph 1—

(i) for “the Member State whose designated port or landing facility they wish to use” substitute “ a fisheries administration when they wish to use a port or landing facility designated under Article 5 ”,

(ii) in point (g) for “Community” substitute “ United Kingdom ”, and

(iii) for “territory of the Community” substitute “ United Kingdom ”; and

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

(9) In Article 7(3)

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

(b) for “national rules” substitute “ applicable law ”.

(10) in Article 8—

(a) in paragraph 1 for “the Member State whose designated ports of landing or transhipment facilities they use” substitute “ a fisheries administration, in circumstances when they use landing or transhipment facilities in the United Kingdom ”;

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

(11) In Article 9(2)—

(a) omit points (a) and (b);

(b) in point (c) omit “by the Commission”; and

(12) In Article 11—

(a) in paragraph 2 for “the competent authority of the port Member State” substitute “ a fisheries administration ”;

(b) in paragraph 3—

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

(ii) omit “the Commission or to a body designated by it, which shall immediately transmit it to”,

(iii) for “State” and “States” in each place they occur, substitute “ state ” and “ states ” respectively; and

(4) Where the suspected breach has taken place in the high seas, and the United Kingdom is the port state, a fisheries administration must co-operate with the flag state in carrying out an investigation into it and, where appropriate, must apply the sanctions provided for under the law applying in the relevant part of the United Kingdom, under the condition that, in accordance with international law, that flag state has expressly agreed to transfer its jurisdiction. In addition, where the suspected breach has taken place in the maritime waters of a third country, a fisheries administration must also co-operate with the coastal state in carrying out an investigation into it and, where appropriate, must apply the sanctions provided for under the law applying in the relevant part of the United Kingdom, under the condition that, in accordance with international law, that coastal state has expressly agreed to transfer its jurisdiction.

(13) In Article 12—

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

(b) in paragraph 2—

(i) at the beginning insert “ Subject to paragraph 2A ”, and

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

(2A) Catches made by fishing vessels registered under the law of the Isle of Man or any of the Channel Islands which are imported into the United Kingdom are not required to be accompanied by a catch certificate.

(d) in paragraph 3 for “State” substitute “ state ”; and

(e) in paragraph 4—

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

(ii) omit the final sentence.

(14) In Article 13—

(a) in paragraph 1—

(i) for “the Member State of importation” substitute “ a fisheries administration, when the fishery products are to be imported into the United Kingdom ”, and

(ii) omit the last sentence; and

(b) for paragraph 2 substitute—

(2) Paragraph 1 is without prejudice to any enactment implementing such catch documentation schemes in the United Kingdom.

(15) In Article 14—

(a) in paragraph 1—

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

(ii) omit “other than the flag State”,

(iii) for “the authorities of the Member State of importation” substitute “ a fisheries administration ”,

(iv) in point (a) for “State” substitute “ state ”, and

(v) in point (b)(i) for “State” substitute “ state ”;

(b) in paragraph 2—

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

(ii) for “the authorities of the Member State of importation” substitute “ a fisheries administration ”; and

(16) In Article 15—

(a) in the heading for “fishing vessels flying the flag of a Member State” substitute “ United Kingdom fishing vessels ”;

(b) in paragraph 1—

(i) for “fishing vessels flying the flag of a Member State” substitute “ United Kingdom fishing vessels ”,

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

(iii) omit “, if required within the framework of the cooperation laid down in Article 20(4)”; and

(17) In Article 16—

(a) in paragraph 1—

(i) for “the Member State in which the product is intended to be imported” substitute “ a fisheries administration ”,

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

(iii) for “State” substitute “ state ”, and

(iv) for “Articles 20 and 22” substitute “ Article 20 ”;

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

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

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

(iii) omit “Member States shall communicate to the Commission the name and address of approved economic operators as soon as possible after having granted this status. The Commission shall make available this information to the Member States by electronic means.”.

(18) In Article 17—

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

(b) in paragraph 3—

(i) omit “or Community”, and

(ii) omit the words from “Member States shall notify” to the end;

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

(ii) in point (a) for “State” substitute “ state ”,

(iii) in point (d) for “States” in each place it occurs, substitute “ states ”, and

(iv) omit point (e);

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

(e) in paragraph 6—

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

(ii) for “State” in each place it occurs, substitute “ state ”,

(iii) in point (a)—

(aa) for “Member State in question” substitute “ fisheries administration ”, and

(bb) for “State” in each place it occurs, substitute “ state ”,

(iv) omit point (b); and

(f) omit paragraph 8.

(19) In Article 18—

(a) in paragraph 1—

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

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

(iii) for “State” in each place it occurs, substitute “ state ”, and

(iv) in point (f)—

(aa) for “Community” substitute “ United Kingdom ”, and

(bb) for “referred to in Article 30” substitute “ adopted by regional fisheries management organisations ”;

(b) in paragraph 2—

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

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

(d) in paragraph 4 omit the final sentence;

(e) for paragraph 5 substitute—

(5) A fisheries administration must notify the flag state and, where appropriate, the third country other than the flag state as referred to in Article 14, of refusals of importation.

(20) Omit Article 19.

(21) In Article 20—

(a) in paragraph 1—

(i) for “State” in each place it occurs, substitute “ state ”,

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

(iii) in point (b) for “the Member States” substitute “ a fisheries administration ”;

(b) in paragraph 3—

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

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

(22) In Article 21—

(a) in paragraph 1 for “the Member State from which the re-exportation is to take place” substitute “ a fisheries administration ”; and

(b) omit paragraph 3.

(23) In Article 22—

(a) omit paragraphs 1 to 3;

(b) in paragraph 4—

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

(ii) omit “, in accordance with national rules”; and

(24) Omit Chapter 4.

(25) In Article 25—

(a) in paragraph 1—

(i) for “The Commission” substitute “ A fisheries administration ”, and

(ii) in point (b) for “Regulation (EEC) No 2847/93” substitute “ Council Regulation 1224/2009 ”;

(b) omit paragraph 2;

(d) after paragraph 3 insert—

(4) A fisheries administration must share the contents of the file it keeps under paragraph 3 with the other fisheries administrations and inform them each time the file is updated by providing the details of each update.

(26) In Article 26—

(a) in paragraph 1—

(i) for “The Commission shall” substitute “ A fisheries administration must ”, and

(ii) for “State” substitute “ state ”;

(b) after paragraph 1 insert—

(1A) A fisheries administration must inform the other fisheries administrations on each occasion it identifies a vessel which it believes should be subject to an official enquiry in accordance with this Article. (1B) In order to avoid duplication and any potential differences in information presented as part of an official enquiry, a fisheries administration must, jointly with the other fisheries administrations, agree— (a) whether an official enquiry should be carried out in respect of a vessel identified under paragraph 1; and (b) the information which should be presented as part of any official enquiry agreed to be carried out under paragraph (a).

(i) for “The Commission shall” substitute “ The Secretary of State must ”,

(ii) for “States” substitute “ states ”,

(iii) for “identified pursuant to paragraph 1” substitute “ agreed pursuant to paragraph 1B(a) ”,

(iv) in point (a) for “by the Commission” substitute “ , and agreed pursuant to paragraph 1B(b), ”,

(v) in point (b)—

(aa) for “State” substitute “ state ”, and

(bb) for “Commission” substitute “ Secretary of State ”,

(vi) in point (c)—

(aa) for “State” substitute “ state ”, and

(bb) for “Commission” substitute “ Secretary of State ”,

(vii) in point (d)—

(aa) for “State” substitute “ state ”,

(bb) for “Community” substitute “ United Kingdom ”,

(cc) for “States” substitute “ states ”,

(dd) for “Commission” substitute “ Secretary of State ”; and

(viii) in point (e) for “State” substitute “ state ”;

(d) omit paragraphs 3 and 4.

(27) In Article 27—

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

(b) in paragraph 2—

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

(ii) for “Commission shall” substitute “ Secretary of State must ”;

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

(ii) for “Commission shall” substitute “ Secretary of State must ”;

(d) in paragraph 4—

(i) for “Commission” in each place it occurs, substitute “ Secretary of State ”, and

(ii) for “State” substitute “ state ”;

(e) in paragraph 5—

(i) for “Commission shall” substitute “ Secretary of State must ”,

(ii) for “State” in each place it occurs, substitute “ state ”, and

(iii) for “Community” substitute “ United Kingdom ”;

(f) in paragraph 6—

(i) for “Commission shall” substitute “ Secretary of State must ”,

(ii) for “States” substitute “ states ”,

(iii) for “Community” substitute “ United Kingdom ”,

(iv) in point (a) for “Community” substitute “ United Kingdom ”, and

(v) in point (b) for “Commission” substitute “ Secretary of State ”; and

(g) omit paragraphs 7 and 8.

(28) Omit Article 30.

(29) In Article 31—

(a) for paragraph 1 substitute—

(1) A fisheries administration must, jointly with the other fisheries administrations, agree— (a) whether a particular country should be identified as a non-cooperating third country in fighting IUU fishing and therefore notified by the Secretary of State in accordance with Article 32; and (b) the reason, or reasons for any identification and the supporting evidence that should be submitted with any notification under Article 32.

(b) in paragraph 3 for “State” substitute “ state ”;

(d) in paragraph 5—

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

(ii) for point (a) substitute—

(a) whether the country concerned effectively cooperates with the United Kingdom, by providing a response to requests made by a fisheries administration to investigate, provide feedback or follow-up to IUU fishing and associated activities;

; and

(e) in paragraph 6 for “the Commission shall” substitute “ a fisheries administration must ”.

(30) In Article 32—

(a) in the heading omit “Démarches in respect of”;

(b) in paragraph 1—

(i) for the first subparagraph substitute—

(1) The Secretary of State must, without delay, notify any country identified in accordance with Article 31(1). The Secretary of State must include in the notification the following information—

, and

(ii) in point (b) for “Commission” substitute “ Secretary of State ”;

(d) in paragraph 3 for “Commission shall” in each place it occurs, substitute “ Secretary of State must ”; and

(e) in paragraph 4 for “Commission shall” substitute “ Secretary of State must ”.

(31) For Article 35 substitute—

The Secretary of State must take such measures as the Secretary of State feels necessary to ensure the publicity of any list of non-cooperating third countries contained in regulations made under Article 33(1). In particular, the Secretary of State must publish the ... list on a website that is accessible to the public.

(32) In Article 36—

(a) for paragraph 1 substitute—

(1) If there is evidence that the measures adopted by a third country undermine the conservation and management measures adopted by a regional fisheries management organisation, a fisheries administration may adopt, in line with the international obligations of the United Kingdom, emergency measures which must last no more than six months. A fisheries administration may take a new decision to extend the emergency measures for no more than six months.

(b) in paragraph 2—

(i) in point (a) for “Member States” substitute “ the United Kingdom ”,

(ii) in point (b) for “fishing vessels flying the flag of a Member State” substitute “ United Kingdom fishing vessels ”, and

(iii) in point (c) for “fishing vessels flying the flag of a Member State” substitute “ United Kingdom fishing vessels ”, and

(iv) for point (e) for “maritime waters under the jurisdiction of a Member State” substitute “ United Kingdom waters ”;

(3) Emergency measures have immediate effect. A fisheries administration must notify the country concerned and publish the measures on a website that is accessible to the public.

; and

(d) omit paragraphs 4 and 5.

(33) In Article 37—

(a) in the heading omit “Community”;

(b) in the first paragraph for “Community” substitute “ United Kingdom ”;

(d) in point 2 for “flag Member States” substitute “ a fisheries administration ”;

(e) in point 3—

(i) omit “flying the flag of a third country”, and

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

(f) in point 4 for “fishing vessels flying the flag of a Member State” substitute “ United Kingdom fishing vessels ”;

(g) for point 5 substitute—

(5) IUU fishing vessels must not be authorised to enter into a port in the United Kingdom, except in case of force majeure or distress. Alternatively, a fisheries administration may authorise the entry into a United Kingdom port on the condition that the catches on board and, where appropriate, fishing gear prohibited pursuant to conservation and management measures adopted by regional fisheries management organisations, are confiscated. A fisheries administration may also confiscate catches and, where appropriate, fishing gear prohibited pursuant to those measures, on board IUU fishing vessels which have been authorised to enter a United Kingdom port for reason of force majeure or distress.

(h) in point 6 omit “flying the flag of a third country”;

(i) in point 7 omit “flying the flag of a third country”; and

(j) omit point 8.

(34) In Article 38—

(a) in paragraphs 1 and 2 for “Community” in each place it occurs, substitute “ United Kingdom ”;

(b) for paragraph 3 substitute—

(3) the reflagging of a United Kingdom fishing vessel to such countries is prohibited;

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

(ii) omit “for fishing vessels flying their flag”;

(d) in paragraph 5 for “Community” substitute “ United Kingdom ”;

(e) in paragraph 6—

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

(ii) for “fishing vessel flying the flag of that Member State” substitute “ United Kingdom fishing vessel ”;

(f) in paragraph 7 for “fishing vessels flying the flag of a Member State” substitute “ United Kingdom fishing vessels ”;

(g) omit paragraph 8; and

(h) in paragraph 9 for “Commission” substitute “ Secretary of State ”.

(35) In Article 39—

(a) in paragraph 1—

(i) for “Member States (nationals)” substitute “ the United Kingdom ”, and

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

(b) omit paragraphs 2 to 4;

(36) In Article 40—

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

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

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

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

(iii) omit “or under Community funds”, and

(iv) for “Community IUU vessel list” substitute “ United Kingdom IUU vessel list ”;

(d) in paragraph 4—

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

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

(iii) omit the final sentence.

(37) In Article 41—

(a) for point 1 substitute—

(1) serious infringements committed in United Kingdom waters;

(b) for point 2 substitute—

(2) serious infringements committed by United Kingdom fishing vessels or nationals of the United Kingdom;

; and

(38) In Article 42(2) for “the competent authority of a Member State” substitute “ a fisheries administration ”.

(39) In Article 43(1)—

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

(b) for “their national law” substitute “ applicable law ”.

(40) Omit Articles 44 to 53.

(41) Omit Articles 55 to 57.

(42) In Annex 2 omit “European Community” in each place it occurs.

(43) In Annex 3—

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

(b) in paragraph 1 omit point (e).

Commission Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing

10

(1) Commission Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing is amended as follows.

(2) In Article 1 for “EU” substitute “ United Kingdom ”.

(3) In Article 2—

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

(b) omit the final two subparagraphs.

(4) In the Annex—

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

(b) for the heading to PART A substitute— “ Vessels listed by the United Kingdom ”; and

Council Implementing Decision 2014/170/EU establishing a list of non-cooperating third countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

11

(1) Council Implementing Decision 2014/170/EU establishing a list of non-cooperating third countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing is amended as follows.

(2) In Article 1—

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

(b) omit “third”.

(3) Omit Article 2.

(4) In the Annex, in the heading omit “third”.

Commission Regulation (EC) No 1010/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

12

(1) Commission Regulation (EC) No 1010/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing is amended as follows.

(2) In the heading to Title 1 for “MEMBER STATES” substitute “ UNITED KINGDOM ”.

(3) In Article 3 omit paragraphs 3 and 4.

(4) In Article 4—

(a) for “State” in each place it occurs, substitute “ state ”;

(b) in point (b) for the words from “Chapter IV” to the end, substitute “ Article 9 of Council Regulation (EC) No 1224/2009; ”;

(d) in point (d) for “the port Member State” substitute “ a fisheries administration ”; and

(e) omit the final subparagraph.

(5) Omit Article 5.

(6) In Article 6(2) for “State” in each place it occurs, substitute “ state ”.

(7) Omit Article 10.

(8) In Article 11—

(a) in paragraph 1 for “the rules of the common fisheries policy” in each place it occurs, substitute “ Fisheries Rules ”; and

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

(9) In Article 14—

(a) in paragraph 1 for “the competent Member State authority on whose territory the importer is established” substitute “ a fisheries administration ”;

(b) in paragraph 2 for “competent Member State authority” in each place it appears, substitute “ fisheries administration ”;

(d) in paragraph 4 for “competent Member State authority” substitute “ fisheries administration ”;

(e) in paragraph 5 for “authority” substitute “ fisheries administration ”; and

(f) omit paragraph 6.

(10) In Article 16—

(a) in paragraph 1—

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

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

(b) omit paragraph 3.

(11) Omit Article 17.

(12) In Article 18—

(a) in paragraph 1 for “issuing authority shall” substitute “ fisheries administration must ”; and

(b) in paragraph 3, for “competent Member State authority shall” substitute “ fisheries administration must ”.

(13) In Article 19—

(a) in paragraph 1—

(i) for “Articles 16 and 17” substitute “ Article 16 ”, and

(ii) for “issuing authority shall” substitute “ fisheries administration must ”; and

(b) omit paragraph 3.

(14) In Article 20—

(a) in paragraph 1—

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

(ii) for “that authority” substitute “ the fisheries administration ”, and

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

(b) in paragraph 2—

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

(ii) omit “Community”; and

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

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

(iii) for “competent Member State authority” in the final place it occurs, substitute “ fisheries administration ”.

(15) In Article 21—

(a) in paragraph 2 for “Member State of the issuing authority” substitute “ United Kingdom ”;

(b) in paragraph 3 for “The competent authorities” substitute “ A fisheries administration ”;

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

(ii) in point (a) omit “Community”; and

(d) omit paragraph 7.

(16) In Article 22—

(a) in paragraph 1—

(i) for “issuing authority” substitute “ fisheries administration ”,

(ii) in point (b) for “competent Member State authorities have” substitute “ fisheries administration has ”, and

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

(b) in paragraph 2 for “competent Member State authorities shall communicate their” substitute “ fisheries administration must communicate its ”; and

(17) In Article 23—

(a) in paragraph 1—

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

(ii) omit “and the competent authorities of the other Member States”;

(b) in paragraph 2—

(i) for “issuing authority shall” substitute “ fisheries administration must ”, and

(ii) omit the final sentence; and

(i) for “issuing authority shall” substitute “ fisheries administration must ”, and

(ii) omit “and the Commission”.

(18) In Article 24—

(a) in paragraph 1—

(i) for “issuing authority shall” substitute “ fisheries administration must ”, and

(ii) omit the final sentence; and

(b) in paragraph 2 for “competent Member State authority” substitute “ fisheries administration ”.

(19) In Article 25—

(a) for “issuing authority shall” substitute “ fisheries administration must ”; and

(b) omit the final sentence.

(20) In Article 26—

(a) in paragraph 1 for “issuing authority” in each place it occurs, substitute “ fisheries administration ”;

(b) omit paragraph 2; and

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

(ii) omit the final sentence.

(21) In Article 27—

(a) in paragraph 1(b) for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”; and

(b) omit paragraph 4.

(22) In Article 28—

(a) in paragraph 1 for “issuing authority” substitute “ fisheries administration ”; and

(b) omit paragraph 2.

(23) In Article 29—

(a) for paragraph 1 substitute—

(1) A fisheries administration must store any APEO certificates and, where applicable, relevant information relating to their amendment, suspension or withdrawal for a minimum period of three years.

(b) omit paragraphs 2 and 3.

(24) Omit Article 30.

(25) In Article 31—

(a) in the heading omit “Community”;

(b) in the first paragraph omit “Community”; and

(26) Omit Article 32.

(27) Omit Chapter 4 of Title 2.

(28) Omit Titles 3 and 4.

(29) Omit Article 54.

(30) In Annex 1 omit “Community”.

(31) In Annex 4 omit “European Community” wherever it occurs.

(32) In Annex 6 for “Community” in each place it occurs, substitute “ United Kingdom ”.

(33) In Annex 7 omit “European Community” wherever it occurs.

(34) In Annex 8 omit “European Community” wherever it occurs.

(35) Omit Annexes 9 to 12.

Regulation (EU) No 1026/2012 of the European Parliament and of the Council on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing

13

(1) Regulation (EU) No 1026/2012 of the European Parliament and of the Council on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing is amended as follows.

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

(3) In Article 2—

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

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

(4) In Article 3(b)(ii) for “Union” in each place it occurs, substitute “ United Kingdom ”.

(5) In Article 5 for “Union” in each place it occurs, substitute “ United Kingdom ”.

(6) In Article 6—

(a) in paragraph 1—

(i) for “Commission” substitute “ Secretary of State ”, and

(ii) omit the final sentence; and

(b) in paragraph 3 for “Commission shall” substitute “ Secretary of State must ”.

(7) In Article 7(1) for “Union” in each place it occurs, substitute “ United Kingdom ”.

(8) Omit Article 9.

PART 5 — AMENDMENT OF MULTIANNUAL PLANS AND EFFORT REGIMES

Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European Eel

14

(1) Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European Eel is amended as follows.

(2) In Article 1—

(a) for paragraph 1 substitute—

(1) This Regulation establishes a framework for the protection and sustainable use of the stock of European eel of the species Anguilla anguilla in United Kingdom waters, in coastal lagoons, in estuaries and in rivers and inland waters of the United Kingdom that flow into the seas in ICES areas 4, 6 and 7.

; and

(b) omit paragraphs 2 and 3.

(3) After Article 1 insert—

(1) References in this Regulation to an “Eel Management Plan” are references to— (a) each Eel Management Plan which was, immediately before exit day, the Eel Management Plan approved by the European Commission under Article 5(1) of the Council Regulation in relation to a river basin within the United Kingdom; or (b) any Eel Management Plan referred to in point (a) which has been amended in accordance with the requirements of this Regulation. (2) In this Article “the Council Regulation” means Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel as it had effect in EU law before exit day.

(4) In Article 2—

(a) for the heading substitute— “ Eel Management Plans: objectives and content ”;

(b) omit paragraphs 1, 2 and 3

(i) for “shall be” in the first place it occurs, substitute “ is ”, and

(ii) for the final sentence substitute “ This objective is a long term objective ”;

(d) in paragraph 7 for “The Member States” substitute “ A fisheries administration ”;

(e) in paragraph 10 for “In the Eel Management Plan, each Member State shall implement appropriate measures” substitute “ A fisheries administration must ensure that appropriate measures are implemented ”;

(f) in paragraph 11 for “Community” substitute “ United Kingdom ”; and

(g) omit paragraph 12.

(5) Omit Articles 3 and 4.

(6) Omit Article 6.

(7) In Article 7—

(a) in paragraph 1—

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

(ii) for the words from “, either as part” to “with Article 4(2) or Article 5(4)” substitute “ as part of an Eel Management Plan ”,

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

(iv) for “as defined by Member States according to Article 2(1)” substitute “ in accordance with Eel Management Plans ”;

(b) omit paragraph 2;

(i) for “the respective percentages set out in paragraph 2,” substitute “ 60% ”, and

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

(d) in paragraph 4 for “Article 2” substitute “ Article 1A ”;

(e) omit paragraph 5;

(f) omit paragraph 7; and

(g) in paragraph 8—

(i) for “Article 38(2) of Regulation (EC) No 1198/2006” substitute “ Article 11(f) of Regulation (EU) No 508/2014 ”, and

(ii) in the first indent omit “established in accordance with Article 2”.

(8) In Article 8—

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

(b) in paragraph 1—

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

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

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

(ii) for “by Member States according to Article 2(1)” substitute “ in Eel Management Plans ”.

(9) In Article 9—

(a) in paragraph 1—

(i) in the first paragraph for “Each Member State shall report to the Commission” substitute “ A fisheries administration must ensure that for each Eel Management Plan a report is prepared and published ”,

(ii) in point (a)—

(aa) omit “for each Member State,”,

(bb) for “that Member State” substitute “ the United Kingdom ”, and

(cc) for “Article 2(4)” substitute “ the Eel Management Plan ”,

(iii) in point (b) for “Articles 4(2) and 5(4)” substitute “ the Eel Management Plan ”, and

(iv) in point (c) for “Article 2(10)” substitute “ the Eel Management Plan ”; and

(b) omit paragraphs 2 and 3.

(10) In Article 10—

(a) in the heading for “other than Community” substitute “ outside United Kingdom ”;

(b) in paragraph 1—

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

(ii) for “their inland fisheries” substitute “ inland fisheries within the United Kingdom ”, and

(iii) for “Regulation (EEC) No 2847/93” substitute “ Council Regulation (EC) No 1224/2009 ”;

(11) Omit Article 11.

(12) In Article 12—

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

(b) in the first indent for “their territory” substitute “ the United Kingdom ”;

(i) for “Community area” substitute “ United Kingdom ”,

(ii) omit “from their territory”, and

(iii) omit “Community”; and

(d) in the third indent for “their territory” substitute “ the United Kingdom ”.

(13) Omit Article 13.

Council Regulation (EC) No 1954/2003 on the management of the fishing effort relating to certain Community fishing areas and resources

15

(1) Council Regulation (EC) No 1954/2003 on the management of the fishing effort relating to certain Community fishing areas and resources is amended as follows.

(2) In Article 1—

(a) after “fishing effort in” insert “ those parts of ”; and

(b) at the end insert “ which are within United Kingdom waters ”.

(3) In Article 2—

(a) in point (a) for “Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the Northeast Atlantic” substitute “ Regulation (EC) No 218/2009 of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic ”; and

(b) at the end insert—

For the calculation of fishing effort, as defined in point (b), the fishing capacity of a vessel must be measured as the installed power expressed in kilowatts (kW).

(4) Omit Article 3.

(5) For Article 4 substitute—

(1) A fisheries administration must, jointly with the other fisheries administrations, determine the average annual fishing effort during the period 1998 to 2002 of United Kingdom fishing vessels less than 15 metres in length overall for each fishery listed in paragraph 3 in relation to each of the areas and divisions referred to in Article 1, excluding the biologically sensitive area. (2) A fisheries administration must, jointly with the other fisheries administrations, determine the average annual fishing effort during the period 1998 to 2002 of United Kingdom fishing vessels less than 10 metres in length overall for each fishery listed in paragraph 3 in relation to the biologically sensitive area. (3) The fisheries referred to in paragraphs 1 and 2 are— (a) demersal fisheries, excluding demersal fisheries covered by Regulation (EU) 2016/2336 of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic; (b) fisheries for scallops; (c) fisheries for edible crab and spider crab. (4) A fisheries administration must, jointly with the other fisheries administrations, ensure that the fishing effort of these vessels is limited to the average annual level of fishing effort determined conforming to paragraphs 1 and 2.

(6) In Article 6—

(a) in the heading omit “Conditions in”;

(b) in paragraph 1 for “A specific effort regime shall apply” substitute “In this Regulation, references to ‘the biologically sensitive area’ are references”; and

(7) In Article 7—

(a) in paragraph 1—

(i) for “Member States” substitute “ Secretary of State ”,

(ii) for “fishing vessels flying their flag and registered in the Community” substitute “ United Kingdom fishing vessels ”, and

(iii) for “Articles 3 and 6” substitute “ Article 4(3) in the areas and divisions referred to in Article 1 ”; and

(b) in paragraph 2—

(i) for “Member States” substitute “ Vessels on the list referred to in paragraph 1 ”,

(ii) for “replace vessels entered on their list” substitute “ be replaced ”, and

(iii) for “Articles 3 and 6” substitute “ paragraph 1 ”.

(8) In Article 8—

(a) omit paragraph 1;

(b) in paragraph 2—

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

(ii) for “their” substitute “ the ”; and

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

(ii) for “special fishing permits for vessels flying its flag” substitute “ authorisations for United Kingdom fishing vessels ”,

(iii) for “Articles 3 and 6” substitute “ Article 4(3) in the areas and divisions referred to in Article 1 ”, and

(iv) for “Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits” substitute “ Article 7 of Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy ”.

(9) In Article 9 for—

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

(b) “vessels flying their flag” substitute “United Kingdom fishing vessels”.

(10) Omit Article 10.

(11) For Article 11 substitute—

(1) The maximum levels of annual fishing effort in the areas and divisions referred to in Article 1, excluding the biologically sensitive area, for United Kingdom fishing vessels equal to or more than 15 metres in length overall are set out in Part 1 of the Annex to this Regulation by reference to group of species. (2) The maximum levels of annual fishing effort in the biologically sensitive area for United Kingdom fishing vessels equal to or more than 10 metres in length overall are set out in Part 2 of the Annex to this Regulation by reference to group of species. (3) The maximum levels of annual fishing effort fixed in Parts 1 and 2 of the Annex are without prejudice to fishing effort limitations fixed under recovery plans or any other management measure under relevant retained direct EU law provided that the measure with the lower amount of fishing effort is complied with.

(12) For Article 13 substitute—

For the purposes of this Regulation, Section 2 of Chapter 1 of Title 4 of Council Regulation (EC) No 1224/2009 shall apply in the areas and divisions referred to in Article 1.

(13) Omit Articles 14 and 16.

(14) For the Annex substitute—

ANNEX

¹ For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.	¹ For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.
Fishing area (except, where appropriate, for the biologically sensitive area)	Annual average of fishing effort, in kW(x) days¹, for vessels equal to or more than 15 metres in length
ICES V, VI	24,017,229
ICES VII	25,756,266
ICES VIII	248,406
ICES IX	0
ICES X	0
CECAF 34.1.1	0
CECAF 34.1.2	0
CECAF 34.2.0	0
Total	50,021,901
¹ For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.	¹ For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.
---	---
Fishing area (except, where appropriate, for the biologically sensitive area)	Annual average of fishing effort, in kW(x) days¹, for vessels equal to or more than 15 metres in length
ICES V, VI	1,974,425
ICES VII	3,315,619
ICES VIII	0
ICES IX	0
ICES X	0
CECAF 34.1.1	0
CECAF 34.1.2	0
CECAF 34.2.0	0
Total	5,209,044
¹ For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.	¹ For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.
---	---
Fishing area (except, where appropriate, for the biologically sensitive area)	Annual average of fishing effort, in kW(x) days¹, for vessels equal to or more than 15 metres in length
ICES V, VI	702,292
ICES VII	543,366
ICES VIII	0
ICES IX	0
ICES X	0
CECAF 34.1.1	0
CECAF 34.1.2	0
CECAF 34.2.0	0
Total	1,245,658
¹ For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.	¹ For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.
---	---
Target species in the biologically sensitive area	Annual average of fishing effort, in kW(x) days¹, for vessels equal to or more than 10 metres in length overall
Demersal species excluding those covered by Regulation (EU) 2016/2336	3,061,485
Scallops	1,223
Edible crab and spider crab	393
Total	3,063,101

PART 6 — AMENDMENT OF THE DATA COLLECTION FRAMEWORK MEASURES

Regulation (EU) 2017/1004 of the European Parliament and of the Council 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

16

(1) Regulation (EU) 2017/1004 of the European Parliament and of the Council 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 is amended as follows.

(2) In Article 1—

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

(b) in paragraph 2 for “Union legal acts” substitute “ applicable law ”; and

(3) In Article 3(3)—

(a) for the comma immediately after “1380/2013” substitute “ or ”; and

(b) omit “or an area defined in the implementing act referred to in Article 9(11)”.

(4) In the heading of Chapter 2 omit “Union”.

(5) In the heading of Section 1 of Chapter 2 omit “Union”.

(6) In Article 5—

(a) in the heading omit “Union”;

(b) in paragraph 1—

(i) omit “Union”,

(ii) in point (b), for “a list of mandatory” substitute “requirements in relation to”, and

(iii) in point (c), for the words from “for Member States” to the end, substitute “to collect data based on fishing and aquaculture activities”;

(i) in point (a)—

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

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

(cc) for “operation of the common fisheries policy” substitute “ regulation and management of fishing activities ”,

(ii) in point (b)—

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

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

(cc) for “Union” in the third place it occurs, substitute “ any law applying in the United Kingdom or any part of it ”,

(iii) in point (c)—

(aa) for “Union fishing vessels” substitute “ United Kingdom fishing vessels ”,

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

(cc) for “Union fleet” substitute “ United Kingdom fleet ”,

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

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

(d) in paragraph 3 for “Union” substitute “ United Kingdom ”;

(e) in paragraph 4—

(i) omit “Union”, and

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

(iii) in point (a)—

(aa) for “implementation of the common fisheries policy” substitute “ regulation of fishing activities ”, and

(bb) omit the last sentence,

(iv) in point (c) omit “at Union level”,

(v) omit point (i), and

(vi) in point (j) for “Union and its Member States” substitute “ United Kingdom ”;

(f) in paragraph 5—

(zi) in the words before point (a), for “list of mandatory” substitute “requirements in relation to”, and

(i) in point (a)—

(aa) for “management of the common fisheries policy” substitute “ regulation and management of fishing activities ”, and

(bb) for “its” substitute “ the ”; and

(g) omit paragraphs 6 and 7.

(7) For the heading of Section 2 of Chapter 2 substitute— “ Implementation of the multiannual programme ”.

(8) In Article 6—

(a) in paragraph 1—

(i) for “their current data collection obligations under Union law, Member States shall” substitute “other legal obligations to collect data, a fisheries administration must”,

(ii) omit “an operational programme, as referred to in Article 18 of Regulation (EU) No 508/2014, and”,

(iii) omit “Union” in the second place it occurs, and

(iv) omit “and pursuant to Article 21 of Regulation (EU) No 508/2014”;

(b) omit paragraph 2;

(i) in point (a) omit “Union”, and

(ii) in point (g) for “Union and its Member States” substitute “ United Kingdom ”; ...

(d) omit paragraph 4 ; and

(e) after the omitted paragraph 4 insert—

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