Regulation 4 Amendment of Council Regulation (EC) No 1035/2001I1

United Kingdom

(1)

Council Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp. is amended as follows.

(2)

In Article 1, omit “by the Community”.

(3)

In Article 2—

(a)

in paragraph 1—

(i)

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

(ii)

in point (b), for “the Community” substitute “Great Britain”;

(b)

omit paragraph 3.

(4)

In Article 3—

(a)

in point (d)—

(i)

after “State” insert “or from Northern Ireland into Great Britain”, and

(ii)

after “except” insert “(in either case)”;

(b)

in point (f)—

(i)

in the first indent, after “State”, in the second place it occurs, insert “or its removal from Great Britain to Northern Ireland or vice versa”, and

(ii)

in the second indent, for “faciliate” substitute “facilitate”;

(c)

for point (g) substitute—

“(g)
‘export’ means any movement of a catch in its harvested or processed form:

from the territory under the control of a State or free trade zone of landing, or, where that State or free trade zone forms part of a customs union, any other Member State of this customs union, or

where Great Britain is the place of landing, from Great Britain;”; and

(d)

for point (h) substitute—

“(h)
‘re-export’ means any movement of a catch in its harvested or processed form:

from territory under the control of the State, free trade zone, or Member State of a customs union of import unless that State, free trade zone, or any Member State of that customs union of import is the first place of import, in which case the movement is an export within the definition in point (g), or

where Great Britain is the place of import, from Great Britain, unless Great Britain is the first place of import, in which case the movement is an export within the definition in point (g);”.

(5)

In Article 4—

(a)

in paragraphs 1 and 2, for “Member States shall” substitute “A fisheries administration must”; and

(b)

in paragraph 3—

(i)

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

(ii)

for “their flag” substitute “United Kingdom fishing”.

(6)

In Article 5—

(a)

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

(b)

for “their flag” substitute “United Kingdom fishing”.

(7)

In Article 6—

(a)

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

(b)

for “of their flag vessels” substitute “United Kingdom fishing vessel”.

(8)

In Article 7—

(a)

in the first paragraph—

(i)

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

(ii)

for “they issue” substitute “it issues”; and

(b)

in the second paragraph—

(i)

for “They shall” substitute “A fisheries administration must”,

(ii)

for “they have” substitute “it has”, and

(iii)

for “their flag” substitute “the”.

(9)

In Article 8—

(a)

in paragraph 1—

(i)

for “Community” substitute “United Kingdom”, and

(ii)

for “shall” substitute “must”; and

(b)

in paragraph 2—

(i)

for “shall” in each place it occurs, substitute “must”,

(ii)

in the words before point (a), for “Community” substitute “United Kingdom”,

(iii)

in point (a), for “he” substitute “the master”, and

(iv)

in point (d)—

(aa)

for “the Flag Member State of the vessel” substitute “a fisheries administration”,

(bb)

for “Flag Member State” in the second place it occurs, substitute “fisheries administration”, and

(cc)

omit the second subparagraph.

(10)

In Article 9—

(a)

in the first paragraph, for “the Flag Member State shall” substitute “a fisheries administration must”; and

(b)

omit the final subparagraph.

(11)

In Article 10—

(a)

for “shall” in each place it occurs, substitute “must”;

(b)

in paragraph 1, in the words before point (a), for “Community” substitute “United Kingdom”;

(c)

in paragraph 2, omit the second subparagraph; and

(d)

in paragraph 3—

(i)

in the first subparagraph, for “the Flag Member State of the vessel” substitute “a fisheries administration”, and

(ii)

omit the second subparagraph.

(12)

In Article 11—

(a)

in the first paragraph—

(i)

for “Community” substitute “United Kingdom”,

(ii)

for “shall” substitute “must”, and

(iii)

for “the Flag Member State” substitute “a fisheries administration”;

(b)

omit the second subparagraph.

(13)

In Article 12—

(a)

for “shall” in each place it occurs, substitute “must”;

(b)

in paragraph 1, in the words before the first indent, for “Community” substitute “United Kingdom”;

(c)

in paragraph 2, omit the second subparagraph; and

(d)

in paragraph 3, omit the second subparagraph.

(14)

In the heading of Chapter 4, for “Member States” substitute “a fisheries administration”.

(15)

In Article 13—

(a)

in paragraph 1—

(i)

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

(ii)

for “their territory” substitute “Great Britain”;

(b)

in paragraph 2, in the first subparagraph, for “Member State”, in each place it occurs, substitute “fisheries administration”;

(c)

in paragraph 3—

(i)

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

(ii)

for “Commission and the other Member States” substitute “other fisheries administrations”, and

(iii)

for “Member State” substitute “fisheries administration”; and

(d)

after paragraph 3, insert—

“4.

In paragraph 3, “the other fisheries administrations” does not include the Department for Agriculture, Environment and Rural Affairs in Northern Ireland.”.

(16)

In Article 14—

(a)

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

(b)

for “their” substitute “its”.

(17)

In Article 15—

(a)

in paragraph 1—

(i)

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

(ii)

for “their territory” substitute “Great Britain”;

(b)

in paragraph 2—

(i)

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

(ii)

for “their” in the first place it occurs, substitute “its”, and

(iii)

for “their territory” substitute “Great Britain”;

(c)

in paragraph 3—

(i)

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

(ii)

for “Commission” substitute “other fisheries administrations”; and

(d)

after paragraph 4, insert—

“5.

In paragraph 3, “the other fisheries administrations” does not include the Department for Agriculture, Environment and Rural Affairs in Northern Ireland.”.

(18)

In Article 16, in the first paragraph—

(a)

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

(b)

for “their territory” substitute “Great Britain”.

(19)

In Article 17—

(a)

after “importation” insert “into”; and

(b)

after “exportation” insert “from Great Britain”.

(20)

In Article 18—

(a)

in paragraph 1—

(i)

in the words before point (a), for “the Member State of landing” substitute “Great Britain, where Great Britain is the place of landing”, and

(ii)

in the words after point (c), for “the exporting Member State” substitute “a fisheries administration”; and

(b)

omit paragraph 2.

(21)

In Article 19—

(a)

in paragraph 1—

(i)

for “shall” in both places it occurs, substitute “must”,

(ii)

in the words after point (b)—

(aa)

for “He” substitute “The re-exporter”, and

(bb)

for “in the re-exporting Member State” substitute “of a fisheries administration”; and

(b)

omit paragraph 2.

(22)

In Article 20—

(a)

in paragraph 1—

(i)

for “The Flag Member State shall” substitute “A fisheries administration must”, and

(ii)

for “Commission” substitute “other fisheries administrations”;

(b)

in paragraph 2—

(i)

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

(ii)

for “Commission” substitute “other fisheries administrations”; and

(c)

after paragraph 2, insert—

“3.

In paragraph 2, “the other fisheries administrations” does not include the Department for Agriculture, Environment and Rural Affairs in Northern Ireland.”.

(23)

In Article 21, for “Member States shall notify the Commission, which shall” substitute “The Secretary of State must”.

(24)

Omit Article 22.

(25)

In Article 22a—

(a)

for “Member State” substitute “fisheries administration”;

(b)

for “shall” in each place it occurs, substitute “must”; and

(c)

for “Member States” substitute “a fisheries administration”.

(26)

Omit Articles 23 to 26.

(27)

In Annex 1, in point 2(vi), omit the words from “(for Community vessels” to the end.

Annotations

Commencement

I1: Reg. 4 in force at 31.12.2020 (on IP completion day), see reg. 1(3)