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The Fisheries (Amendment) (EU Exit) Regulations 2019

S.I. 2019/746 · Made 28 March 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Fisheries, England And Wales

Food

Marine Management

Sea Fisheries

Made 28th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Amendment of primary legislation
  4. 2The Sea Fish (Conservation) Act 1967
  5. 3The Fisheries Act 1981
  6. 4The Marine and Coastal Access Act 2009
  7. Part 3: Amendment of subordinate legislation
  8. 5The Merchant Shipping (Registration of Ships) Regulations 1993
  9. 6The Sea Fisheries (Northern Ireland) Order 2002
  10. 7The Tope (Prohibition of Fishing) Order 2008
  11. 8The Eels (England and Wales) Regulations 2009
  12. 9The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009
  13. 10The Fish Labelling Regulations 2013
  14. 11The Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014
  15. 12The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015
  16. 13The Grants for Fishing and Aquaculture Industries Regulations 2015
  17. 14The Sea Fishing (Enforcement) Regulations 2018
  18. Signature
  19. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Fisheries (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

2The Sea Fish (Conservation) Act 1967I1

In section 4C(2)(a) of the Sea Fish (Conservation) Act 1967 M1, for “an enforceable” substitute “ a retained ”.

3The Fisheries Act 1981I1

(1)

The Fisheries Act 1981 M1 is amended as follows.

(2)

In section 2—

(a)

in subsection (1), omit “Subject to subsection (2A) below”;

(b)

omit subsection (2A);

(c)

in subsection (3), for “subsections (1) and (2A)” substitute “ subsection (1) ”.

(3)

In section 14(2), in the words before paragraph (a), for “sections 2(2A) and 3(5)” substitute “ section 3(5) ”.

(4)

In section 30, insofar as it extends to England and Wales and Scotland—

(a)

in the heading, for “Community rules” substitute “ rules relating to sea fishing ”;

F1(b)

in subsection (1), in the words before paragraph (a), for “enforceable Community restrictions, and enforceable EU obligations,” substitute “retained EU restrictions relating to sea fishing, retained EU obligations relating to sea fishing, Northern Ireland Protocol restrictions relating to sea fishing and Northern Ireland Protocol obligations,”;

(c)

in subsection (2), for “enforceable Community restriction or other obligation” substitute “retained EU restriction relating to sea fishing, retained EU obligation relating to sea fishing, Northern Ireland Protocol restriction relating to sea fishing or Northern Ireland Protocol obligation”;

(d)

in subsection (3), omit the definition of “enforceable Community restriction” and “enforceable EU obligation” and, in the appropriate places, insert the following definitions—

  • ““Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;”;

  • ““Northern Ireland Protocol obligation” means any obligation created or arising by or under the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;”;

  • ““Northern Ireland Protocol restriction” means any restriction created or arising by or under the Northern Ireland Protocol, whether or not a restriction to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;”;

  • ““retained EU restriction” means a restriction that—

    1. (a)

      was created or arose by or under the EU Treaties before IP completion day, and

    2. (b)

      forms part of retained EU law,

    as modified from time to time;.."”.

(5)

In section 30, insofar as it extends to Northern Ireland—

(a)

in the heading, for “EU rules” substitute “ rules relating to sea fishing ”;

F2(b)

in subsection (1), in the words before paragraph (a), for “enforceable EU restrictions, and enforceable EU obligations,” substitute “retained EU restrictions relating to sea fishing, retained EU obligations relating to sea fishing, Northern Ireland Protocol restrictions relating to sea fishing and Northern Ireland Protocol obligations,”;

(c)

in subsection (2), for “enforceable EU restriction or other obligation” substitute “retained EU restriction relating to sea fishing, retained EU obligation relating to sea fishing, Northern Ireland Protocol restriction relating to sea fishing or Northern Ireland Protocol obligation”;

(d)

in subsection (3), omit the definition of “enforceable EU restriction” and “enforceable EU obligation” and, in the appropriate places, insert the following definitions—

  • ““Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;”;

  • ““Northern Ireland Protocol obligation” means any obligation created or arising by or under the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;”;

  • ““Northern Ireland Protocol restriction” means any restriction created or arising by or under the Northern Ireland Protocol, whether or not a restriction to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;”;

  • ““retained EU restriction” means a restriction that—

    1. (a)

      was created or arose by or under the EU Treaties before IP completion day, and

    2. (b)

      forms part of retained EU law,

    as modified from time to time;.."”.

(6)

Omit section 31(3).

4The Marine and Coastal Access Act 2009I1

(1)

The Marine and Coastal Access Act 2009 M1 is amended as follows.

(2)

In section 30—

(a)

in subsection (2)(b), for “enforceable EU restrictions and enforceable EU obligations” substitute “ retained EU restriction or retained EU obligation ”;

(b)

in subsection (4), for the definitions of “enforceable EU obligation” and “enforceable EU restriction” substitute—

““retained EU restriction” means a restriction that—

(a)

was created or arose by or under the EU Treaties before F1IP completion day, and

(b)

forms part of retained EU law,

as modified from time to time..”.

(3)

In section 37—

(a)

in subsection (2)—

(i)

omit paragraph (a);

(ii)

in paragraph (b), omit “or the European Union”;

(b)

omit subsection (9).

(4)

In section 238—

(a)

in subsection (2)(b), for “enforceable EU restrictions and enforceable EU obligations” substitute “ retained EU restriction or retained EU obligation ”;

(b)

in subsection (10)—

(i)

omit the definitions of “enforceable EU obligation” and “enforceable EU restriction”;

(ii)

after the definition of “relevant British fishing boat” insert—

““retained EU restriction” means a restriction that—

(a)

was created or arose by or under the EU Treaties before F2IP completion day, and

(b)

forms part of retained EU law,

as modified from time to time;.”.

(5)

In section 278(6)—

(a)

in the definition of “the fisheries legislation”, in paragraph (b), for “enforceable EU restrictions and enforceable EU obligations” substitute “ retained EU restriction or retained EU obligation ”;

(b)

for the definitions of “enforceable EU obligation” and “enforceable EU restriction” substitute—

““retained EU restriction” means a restriction that—

(a)

was created or arose by or under the EU Treaties before F3IP completion day, and

(b)

forms part of retained EU law,

as modified from time to time..”.

5The Merchant Shipping (Registration of Ships) Regulations 1993I1

In paragraph 5(a) of Schedule 4 to the Merchant Shipping (Registration of Ships) Regulations 1993 M1, omit “and EC Number”.

6The Sea Fisheries (Northern Ireland) Order 2002I1

(1)

The Sea Fisheries (Northern Ireland) Order 2002 M1 is amended as follows.

(2)

In Schedule 2, in paragraph 3—

(a)

in the heading, omit “(enforcement of Community rules)”;

(b)

in sub-paragraph (1), for “enforceable Community restriction or other” substitute “ retained EU restriction or retained EU ”.

(3)

In Schedule 3, in paragraph 3(2)(c), for “an obligation under EU law” substitute “ a retained EU obligation ”.

7The Tope (Prohibition of Fishing) Order 2008I1

In article 2(2) of the Tope (Prohibition of Fishing) Order 2008 M1—

(a)

omit “another member State or in”;

(b)

after “country”, insert “ as defined in Article 4 of that Council Regulation. ”.

8The Eels (England and Wales) Regulations 2009I1

(1)

The Eels (England and Wales) Regulations 2009 M1 are amended as follows.

(2)

In regulation 9, in the definition of “eel river basin”, for the words from “that has” to “Article 2(1)”, substitute “ for which there is an Eel Management Plan as defined in Article 1A ”.

(3)

Omit regulation 11.

9The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009I1

(1)

The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 M1 is amended as follows.

(2)

In article 3(1), in the definition of “third country fishing vessel”, for “Community” substitute “ United Kingdom ”.

(3)

In article 9—

(a)

in paragraphs (5)(b) and (6), for “Community” substitute “ United Kingdom ”;

(b)

in paragraph (6A)—

(i)

in sub-paragraph (c), for “fishing vessel flying the flag of a member State” substitute “ United Kingdom fishing vessel ”;

(ii)

in sub-paragraph (d), omit the words from “in relation to” to the end;

(iii)

in sub-paragraph (e), for “Community” substitute “ United Kingdom ”;

(iv)

in sub-paragraph (f), for “fishing vessel flying the flag of a member State” substitute “ United Kingdom fishing vessel ”.

10The Fish Labelling Regulations 2013I1

(1)

The Fish Labelling Regulations 2013 M1 are amended as follows.

(2)

In regulation 1(2), omit the words from “except Part 2” to the end.

(3)

In regulation 2—

(a)

in paragraph (1), in the definition “the EU Regulations”, for “EU” substitute “ specified ”;

(b)

in paragraph (2)(a) and (b), for “EU”, in each place it occurs, substitute “ specified ”.

(4)

Omit regulation 3.

(5)

In regulation 6—

(i)

in paragraph (3), for “and (5)”, in the second place it occurs, substitute “ , (5) to (7) and (9) ”;

(ii)

in paragraph (7), for “the sterling equivalent of 50 euros” substitute “ £45 ”.

(6)

In regulation 7(3), in the definition of “operator”, for “EU” substitute “ specified ”.

11The Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014I1

(1)

The Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014 M1 are amended as follows.

(2)

In regulation 2(1)—

(a)

in the definition of “administrative sanction”, for “ another member State or” substitute “ a ”;

(b)

in the definition of “third country”, for “which is not a member State” substitute “ other than the United Kingdom ”.

(3)

In regulation 3—

(a)

omit paragraph (1);

(b)

in paragraph (2)—

(i)

in sub-paragraph (a)(ii)—

(aa)

in paragraphs (aa) and (bb), omit “another member State or in”;

(bb)

in paragraph (cc), omit “another member State or”;

(ii)

in sub-paragraph (b)(ii)—

(aa)

in paragraphs (aa) and (bb), omit “another member State or in”;

(bb)

in paragraph (cc), omit “another member State or”;

(iii)

in sub-paragraph (c)(ii)—

(aa)

in paragraphs (aa) and (bb), omit “another member State or in”;

(bb)

in paragraph (cc), omit “another member State or”.

(4)

In regulation 8—

(a)

in the heading, omit “other member States and”;

(b)

in paragraphs (1), (3) and (5), in the words before sub-paragraph (a), omit “another member State or”.

(5)

In regulation 9(2)(a)—

(a)

in the words before paragraph (i), for “Article 74 of the Control Regulation” substitute “ carrying out inspections ”;

(b)

omit paragraph (ii) (together with the final “or”).

12The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015I1

(1)

The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015 M1 is amended as follows.

(2)

In article 2—

(a)

in paragraph (1)(a) and (b), omit “EU and”;

(b)

omit paragraph (2).

(3)

In article 3(1)(a), omit “(enforcement of Community rules)”.

13The Grants for Fishing and Aquaculture Industries Regulations 2015F1I1

In regulation 2 of the Grants for Fishing and Aquaculture Industries Regulations 2015, in paragraph (a), for “as amended from time to time” substitute “as it had effect in EU law immediately before IP completion day”.

14The Sea Fishing (Enforcement) Regulations 2018I1

(1)

The Sea Fishing (Enforcement) Regulations 2018 M1 are amended as follows.

(2)

In regulation 2—

(a)

in paragraph (1), omit “EU”.

(b)

in paragraph (2), omit “EU” in both places it occurs.

(3)

In the Schedule—

(a)

in the heading, omit “EU”;

(b)

in the entry for Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy—

(i)

in the first column, omit “Article 42”;

(ii)

in the second column, omit the corresponding entry for Article 42;

(c)

in the entry for Council Regulation (EU) 2016/1627 of the European Parliament and of the Council on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, in the entry for Article 19(1), in the second column, omit “issued by the Member State”.

Signature

Robert Goodwill

Minister of State

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

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

These Regulations make amendments to legislation in the field of sea fisheries, inland fisheries, marine management and food. Part 2 amends primary legislation and Part 3 amends subordinate legislation.

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