# The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019, Regulation 19: Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries


(1) Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries is amended as follows.
(2) In Article 2—
(a) in paragraph 1 for “Community provisions” substitute “applicable laws”;
(b) in paragraph 2 for “Community” substitute “United Kingdom”;
(c) in paragraph 3 for “Member State or Member States concerned” substitute “a fisheries administration”; and
(d) in paragraph 4 for “the Member States shall” substitute “A fisheries administration must”.
(3) In Article 3—
(a) for paragraph 1 substitute—
“1. Acoustic deterrent devices used in application of Article 2(1) must comply with the technical specifications and conditions of use set out in Annex II.”;
(b) in paragraph 2 for “Member States” substitute “a fisheries administration”; and
(c) omit paragraph 3.
(4) In Article 4—
(a) in paragraph 1—
(i) for “Member States shall” substitute “A fisheries administration must”, and
(ii) for “flying its flag” substitute “in its fleet”; and
(b) in paragraph 2 for “Member States shall” substitute “A fisheries administration must”.
(5) In Article 5—
(a) in paragraph 1—
(i) for the first sentence substitute “A fisheries administration must appoint independent and properly qualified and experienced personnel as observers.”, and
(ii) omit point (d);
(b) in paragraph 2 for “Member States” substitute “a fisheries administration”;
(c) in paragraph 3 for “flag Member State concerned” substitute “fisheries administration”; and
(d) in paragraph 4 for “flag Member State shall” substitute “A fisheries administration must”.
(6) Omit Articles 6 to 10.
(7) In Annex 1, in the table omit the entries for areas A and E.
(8) In Annex 3, in paragraph 2 for “Member States shall” substitute “a fisheries administration must”.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111181171/regulation/19 (the official version)
Page: https://openlegislation.uk/draft-common-fisheries-policy-and-aquaculture-amendment-etc-eu-exit-regulations-2019/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.