Explanatory note

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular, under section 8(2)(b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations are also made in exercise of the powers conferred by section 8C of the European Union (Withdrawal) Act 2018 in order to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement (“the Northern Ireland Protocol”).

These Regulations make amendments to EU Exit Statutory Instruments in order to update provisions in consequence of the European Union (Withdrawal Agreement) Act 2020, in particular, in consequence of the Northern Ireland Protocol. Regulation 2 makes amendments in order to ensure that section 30 of the Fisheries Act 1981 (c. 29) can be used for enforcement of breaches of EU law made applicable in Northern Ireland by the Northern Ireland Protocol. Regulations 3 and 4 make amendments to ensure that the retained EU law version of Regulation (EU) No 640/2010 and Regulation (EU) No 1035/2001, respectively, apply correctly with the Northern Ireland Protocol.

Regulations 5 to 7 apply provisions of retained direct EU legislation relating to illegal, unreported and unregulated (“IUU”) fishing to Northern Ireland. These provisions impose certain controls and procedures on third country fishing vessels wishing to visit United Kingdom ports. It is necessary to apply retained EU law in this area to Northern Ireland, specifically in relation to the use of ports by EU fishing vessels, to comply with obligations under the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (“the Port State Measures Agreement”), to which the UK intends to accede at the end of the implementation period.

Under the Port State Measures Agreement, the UK will be obliged to impose controls on access by all third country fishing vessels to ports in the United Kingdom. This includes EU vessels. In Northern Ireland, these controls will be applied through Regulation (EC) No 1005/2008 (the IUU Regulation, as it applies by virtue of the Northern Ireland Protocol), for third country vessels which are not EU vessels, and through the provisions applied by regulations 5 to 7 for EU vessels. The controls include: a requirement to use designated ports; a requirement to obtain authorisation prior to using ports; requirements to submit certain documents in advance of using ports; and a regime of inspection.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.