{
  "url": "https://openlegislation.uk/eu-regulation-2003-1954/article-12",
  "json_url": "https://openlegislation.uk/eu-regulation-2003-1954/article-12.json",
  "legislation": "eur/2003/1954",
  "legislation_title": "Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2003-1954",
  "path": "article/12",
  "kind": "article",
  "number": "12",
  "heading": "Adaptations",
  "text": "1. Subject to paragraphs 2 and 3, the Secretary of State may, by regulations, adjust the maximum annual fishing effort in Article 11 either by an increase of the maximum fishing effort in a particular area or division, or by a shift of fishing effort between areas or divisions.\n2. Where, in the circumstances described in paragraph 4, the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under that power the Secretary of State must obtain the consent of—\n(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation in the circumstances described in paragraph 4;\n(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation in the circumstances described in paragraph 4;\n(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation in the circumstances described in paragraph 4.\n3. Before making any regulations under this Article, the Secretary of State must—\n(a) obtain scientific information on the relevant fishing stocks; and\n(b) consult—\n(i) such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations,\n(ii) such other bodies or persons as the Secretary of State may consider appropriate.\n(4.) The circumstances referred to in paragraph 2 are circumstances where the power in paragraph 1 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.\n(5.) Regulations made by the Secretary of State under this Article are to be made by statutory instrument.\n(6.) A statutory instrument containing regulations made under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.\n(7.) Such regulations may—\n(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 ));\n(b) make different provision for different purposes.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 12 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 31(2); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2003/1954/article/12",
    "retrieved_at": "2026-11-01T14:55:51.967899+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}