OpenLegislation

Regulation 11 Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

Original text. Later amendments are not shown.

(1)

Council Regulation (EC) No 850/98 for the protection of fishery resources through technical measures for the protection of juveniles of marine organisms is amended as follows.

(2)

In Article 1—

(a)

for “the maritime waters under the sovereignty or jurisdiction of the Member States” substitute “United Kingdom waters”; and

(b)

for “26 and 33” substitute “26, 29g, 29h, 32a, 34b, 34d and 34e”.

(3)

In Article 2—

(a)

in paragraph 1 for “maritime waters” substitute “regions”;

(b)

in paragraph 2 omit the final sentence; and

(c)

omit paragraph 3.

(4)

In Article 3—

(a)

in paragraph (b) for “Regulation (EEC) No 2108/84” substitute “Commission Regulation (EC) No 517/2008”; and

(b)

in paragraph (e) for “Regulation (EEC) No 2108/84” substitute “Commission Regulation (EC) No 517/2008”.

(5)

In Article 4—

(a)

in paragraph 2—

(i)

in point (c)—

(aa)

for “Article 6 of Regulation (EEC) No 2847/93” substitute “Articles 14 and 15 of Council Regulation (EC) No 1224/2009”, and

(bb)

for “Union fishing”, in each place it occurs, substitute “United Kingdom”, and

(ii)

in point (d) for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”;

(b)

in paragraph 3 for “Article 6 of Regulation (EEC) No 2847/93” substitute “Articles 14 and 15 of Council Regulation (EC) No 1224/2009”;

(c)

in paragraph 5 omit point (b); and

(d)

omit paragraph 6.

(6)

In Article 5(3) for “Article 6 of Regulation (EEC) No 2847/93” substitute “Articles 14 and 15 of Council Regulation (EC) No 1224/2009”.

(7)

In Article 7(1) omit point (b).

(8)

In Article 15 omit “29(4)(b), 29b(2), 29b(4)” in both places it occurs.

(9)

In Article 16 omit the second paragraph.

(10)

In Article 17—

(a)

for “Union law” substitute “the law of any part of the United Kingdom”; and

(b)

for “in an act adopted in accordance with” substitute “under”.

(11)

For Article 18a substitute—

“Article 18a

Establishing minimum conservation reference sizes in discard plans

The power in Article 15(6) of Regulation (EU) No 1380/2013 for a fisheries administration to establish, as part of a discard plan, minimum conservation reference sizes for species subject to the landing obligation set out in Article 15 of that Regulation may be exercised so as to derogate, where appropriate, from the minimum conservation references sizes established in Annexes 12 and 12a to this Regulation.”.

(12)

In Article 19(2)—

(a)

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

(b)

omit the words from “, such as support” to the end of the paragraph.

(13)

In Article 19a(2) for “any other Union legal acts in the field of fisheries” substitute “relevant retained direct EU legislation”.

(14)

In Article 20(3) for “on the east coast of Ireland and” substitute “in”.

(15)

In Article 20a—

(a)

in the heading for “Union” substitute “United Kingdom”; and

(b)

in the first paragraph for “Union” substitute “United Kingdom”.

(16)

In Article 22(3)—

(a)

in the second subparagraph, for “control authority of the Member state in whose” substitute “relevant control authority for the”;

(b)

in the third subparagraph, for “competent” in each place it occurs, substitute “relevant”; and

(c)

in the final subparagraph, for “control authority of the Member state in whose” substitute “relevant control authority for the”.

(17)

In Article 25—

(a)

omit paragraph 2; and

(b)

in paragraph 3 for “paragraphs 1 and 2” substitute “paragraph 1”.

(18)

In Article 26(1)—

(a)

in the first indent—

(i)

for “the waters” substitute “United Kingdom waters”, and

(ii)

omit “Member States’”; and

(b)

in the second indent for “the waters under the sovereignty or jurisdiction of the Member States” substitute “United Kingdom waters”.

(19)

In Article 28(2) for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”.

(20)

Omit Articles 29 and 29b.

(21)

In Article 29d—

(a)

in paragraph 13 for “Each Member State concerned shall” substitute “A fisheries administration must”; and

(b)

omit paragraphs 14 and 15.

(22)

In Article 29f(4)—

(a)

for the words from “8 of Council Regulation (EC) No 2347/2002” to “deep-sea stocks” substitute “16 of Regulation (EU) 2016/2336”;

(b)

for “the tasks referred to in paragraph 4 of that Article” substitute “their usual tasks”; and

(c)

for “On the basis of advice from STECF, Member States shall” substitute “A fisheries administration must”.

(23)

In Article 29g—

(a)

in paragraph 6—

(i)

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

(ii)

for “flying its flag” substitute “within its fleet”, and

(iii)

omit “by the competent authorities in the Member States”; and

(b)

for paragraph 7 substitute—

“7.

A fisheries administration must prohibit directed fishery for redfish in the waters referred to in paragraph 1 from the date that it is notified by the NEAFC Secretariat that the total allowable catch has been fully utilised.”.

(24)

In Article 29h(1) omit “and Union waters of ICES sub-areas XII and XIV”.

(25)

In Article 30—

(a)

in the final subparagraph of paragraph 2, for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”; and

(b)

in paragraph 3 for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”.

(26)

In Article 31a—

(a)

in paragraph 1—

(i)

after “Article 31,” insert “United Kingdom fishing vessels”, and

(ii)

for “shall” substitute “may”; and

(b)

in paragraph 2—

(i)

for “Electrical pulse fishing” substitute “United Kingdom fishing vessels fishing with beam trawl using electrical pulse current”, and

(ii)

in point (a) for “the beam trawler fleet per Member State” substitute “all the beam trawlers in the United Kingdom fleet”.

(27)

In Article 32(3) for “a special fishing permit” substitute “a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009” and for “The special fishing permit” substitute “The fishing authorisation”.

(28)

In Article 32a(3)—

(a)

for “the flag Member States” substitute “a fisheries administration”;

(b)

for “the competent fisheries authorities of the flag Member State” substitute “a fisheries administration”; and

(c)

for “The competent authorities of the flag Member State of the vessels shall” substitute “A fisheries administration must”.

(29)

In Article 34—

(a)

in the heading omit “and Ireland”;

(b)

in paragraph 1 omit “and Ireland”;

(c)

in paragraph 5 for “20(1) of Regulation (EEC) No 2847/93” substitute “47 of Council Regulation (EC) No 1224/2009”; and

(d)

omit paragraph 6.

(30)

In Article 34b—

(a)

in paragraph 1 for “Union” substitute “United Kingdom”;

(b)

in paragraph 2(c) omit “Union” in each place it occurs;

(c)

in paragraph 9—

(i)

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

(ii)

for “7 of Regulation (EC) 2347/2002” substitute “11 of Regulation (EU) 2016/2336”; and

(d)

omit paragraph 11.

(31)

In Article 34d(2) for “its flag State” substitute “a fisheries administration”.

(32)

In Article 34e(3) omit “as defined in Article 4(15) of Regulation (EC) No 1224/2009”.

(33)

Omit Articles 34f and 34g.

(34)

Omit Title 6.

(35)

In Article 43—

(a)

in paragraph 1 for the words from “the Member State” to the end, substitute “a fisheries administration”; and

(b)

in the first indent of paragraph 2 for the words from “Article 2” to the end, substitute “Article 33 of Regulation (EU) 1379/2013”.

(36)

In Article 44—

(a)

in paragraph 1—

(i)

for “the Member State or Member States concerned” substitute “a fisheries administration”, and

(ii)

omit the final sentence; and

(b)

in paragraph 2 for “Article 2 of Regulation (EEC) No 3759/92” substitute “Article 33 of Regulation (EU) 1379/2013”.

(37)

In Article 47—

(a)

for “The Commission shall be empowered, for the purpose of adopting the acts referred to” substitute “When making regulations under the power”;

(b)

for “and for the duration thereof, to” substitute “, a fisheries administration may”; and

(c)

omit the words from “referred to in Article 7(2)” to “Article 18 of Regulation (EU) No 1380/2013,”.

(38)

Omit Article 50.

(39)

In Annex 1, in the table note for “Union legislation” substitute “relevant retained direct EU legislation”.