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The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-03-28

Last updated 2020-12-31

State In force

Department King's Printer of Acts of Parliament

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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(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

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.

PART 1 — INTRODUCTORY

Citation and commencement

1

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

Revocations

2

The legislation listed in the Schedule to these Regulations is revoked.

PART 2 — AMENDMENT OF THE BASIC REGULATION

Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy

3

(1) Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy is amended as follows.

(2) For Article 1 substitute—

(1) Any obligation of, or having effect in relation to, “a fisheries administration” under this Regulation or any relevant retained direct EU legislation is an obligation of, or having effect in relation to, a particular fisheries administration to the extent that the obligation is within the jurisdiction of that administration. (2) Any power exercisable by “a fisheries administration” under this Regulation or any relevant retained direct EU legislation is a power exercisable by a particular fisheries administration to the extent that the power is within the jurisdiction of that administration. (3) An obligation or power is within the jurisdiction of the Scottish Ministers if it would be within the legislative competence of the Scottish Parliament to impose or confer that obligation or power on, or in relation to, the Scottish Ministers (if it were included in an Act of the Scottish Parliament) where, to the extent that it relates to— (a) fishing and aquaculture in the Scottish zone; (b) fishing outside that zone by Scottish fishing vessels; (c) any fish or aquaculture organisation applying for recognition as a producers' organisation, or recognised as such, whose area covered by the application for recognition, in so far as within the United Kingdom or United Kingdom waters, is wholly or mainly within Scotland or the Scottish zone, it is treated as a function exercisable in or as regards Scotland for the purposes of the Scotland Act 1998 . (4) An obligation or power is within the jurisdiction of the Welsh Ministers if— (a) it would be within the legislative competence of the National Assembly for Wales to impose or confer that obligation or power on, or in relation to, the Welsh Ministers (if it were included in an Act of that Assembly); or (b) it could have been imposed or conferred by, or relates to a function exercisable by the Welsh Ministers immediately before IP completion day . (5) An obligation or power is within the jurisdiction of the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, if it would be within the legislative competence of the Northern Ireland Assembly to impose or confer that obligation or power on, or in relation to, the Department (if it were included in an Act of that Assembly) where, to the extent that it relates to— (a) fishing and aquaculture in the Northern Ireland zone; (b) fishing outside that zone by Northern Ireland fishing vessels; (c) any fish or aquaculture organisation applying for recognition as a producers' organisation, or recognised as such, whose area covered by the application for recognition, in so far as within the United Kingdom or United Kingdom waters, is wholly or mainly within Northern Ireland or the Northern Ireland zone, it is treated as a function exercisable in or as regards Northern Ireland for the purposes of the Northern Ireland Act 1998 . (6) An obligation or power is within the jurisdiction of the Marine Management Organisation , if it corresponds to any obligation or power imposed or conferred by EU law which immediately before IP completion day was imposed on or in relation to, or exercisable by, the Marine Management Organisation by virtue of any enactment. (7) An obligation or power is within the jurisdiction of the Secretary of State, if— (a) it applies in relation to an English fishing vessel; (b) it is not within the jurisdiction of a devolved fisheries administration or the Marine Management Organisation; or (c) it is a power exercisable by the Secretary of State, or an obligation of or having effect in relation to the Secretary of State, concurrently or jointly with a devolved fisheries administration. (8) Where functions under this Regulation or any relevant retained direct EU legislation are, by virtue of paragraphs 3 to 7, exercisable by more than one fisheries administration concurrently, paragraph 1 does not require any obligation to be met by, or in relation to, a particular fisheries administration to the extent that the obligation has been or is being met by, or in relation to, any other fisheries administration. (9) For this purpose— (a) ‘a fisheries administration’ means the Secretary of State, a devolved fisheries administration or the Marine Management Organisation, and ‘a devolved fisheries administration’ means the Scottish Ministers, the Welsh Ministers or, in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; (b) ‘English fishing vessel’ means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in England as the port to which the vessel is to be treated as belonging; (c) ‘Northern Ireland fishing vessel’ means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging; (d) ‘Northern Ireland zone’ has the same meaning as in section 98(1) of the Northern Ireland Act 1998; (e) ‘Scottish fishing vessel’ means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging; (f) ‘Scottish zone’ has the same meaning as in section 126(1) of the Scotland Act 1998.

(3) In Article 3—

(a) for “The CFP shall” substitute “ In exercising its functions under relevant retained direct EU legislation, a fisheries administration must ”;

(b) in point (a) omit “Union, regional,”;

(d) in point (f) omit “, in particular Advisory Councils,”; and

(e) omit points (g), (h) and (j).

(4) In Article 4(1)—

(a) for “For the purpose of this Regulation the following definitions shall apply” substitute “ The following definitions apply in this Regulation and, to the extent that they are not already defined, in relevant retained direct EU legislation ”;

(b) in point (1) at the end insert “ on the Functioning of the European Union ”;

(d) omit point (5);

(e) in point (6) for “a Member State” substitute “ the United Kingdom ”;

(f) in point (17) omit “Union”;

(g) omit point (22);

(h) omit point (23);

(i) in point (24) for “Council Regulation (EEC) No 2930/86” substitute “ Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels ”;

(j) in point (31) omit “Union”;

(k) in point (37)—

(i) for “a third” substitute “ another ”, and

(ii) omit “, in exchange for financial compensation from the Union, which may include sectoral support”; and

(l) at the end insert—

(38) ‘United Kingdom fishing vessel’ means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 ; (39) ‘United Kingdom fleet’ means all United Kingdom fishing vessels; (40) ‘United Kingdom waters’ means the sea within British fishery limits but excluding the territorial sea adjacent to the Isle of Man . (41) ‘third country’ means any country that is not the United Kingdom; (42) ‘competent authority’ means any person or body to whom a fisheries administration has delegated the function in question; (43) ‘relevant retained direct EU legislation’ means retained direct EU legislation corresponding to any direct EU legislation adopted under the EU common fisheries policy; (44) ‘Fisheries Rules’ means relevant retained direct EU legislation; (45) ‘a fisheries administration’ is to be interpreted in accordance with Article 1. A reference to ‘the other fisheries administrations’ is to be interpreted accordingly and, for this purpose, the fisheries administrations are listed in Article 1(9)(a). A reference to the ‘fleet’ of a fisheries administration is a reference to all United Kingdom fishing vessels which are— (a) in the case of the Secretary of State and the Marine Management Organisation, registered to a port in England; (b) in the case of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, registered to a port in Northern Ireland; (c) in the case of the Scottish Ministers, registered to a port in Scotland; or (c) in the case of the Welsh Ministers, registered to a port in Wales.

(5) Omit Title 1 of Part 3.

(6) In Article 10—

(a) in paragraph 1—

(i) omit “and without prejudice to the respective competences under the Treaty”, and

(ii) in point (b) for “Articles 6 and 9” substitute “ Article 9 ”; and

(b) in paragraph 2(a) omit “, in accordance with Article 18”.

(7) Omit Articles 11 to 13.

(8) In Article 14—

(a) in paragraph 1—

(i) for “Member States” substitute “ a fisheries administration ”, and

(ii) omit “and taking into account the opinions of the relevant Advisory Councils”; and

(b) in paragraph 2, for “Member States” substitute “ A fisheries administration ”.

(9) In Article 15—

(a) for paragraphs 1 and 2 substitute—

(1) All catches of species which are subject to catch limits caught during fishing activities in United Kingdom waters, or by United Kingdom fishing vessels outside United Kingdom waters in waters not subject to third countries' sovereignty or jurisdiction, shall be brought and retained on board the fishing vessels, recorded, landed and counted against the quotas where applicable, except when used as live bait. (2) Paragraph 1 is without prejudice to any of the United Kingdom's international obligations.

(b) omit paragraph 3;

(c) in paragraph 4(a) for “a Union legal act adopted in the area of the CFP” substitute “ relevant retained direct EU legislation ”;

(d) in paragraph 5—

(i) omit “referred to in Articles 9 and 10 and, where relevant further specified in accordance with Article 18”,

(ii) in point (a) omit the words from “, such as the technical measures referred to in Article 7(2),” to the end, and

(iii) in point (c) omit the words from “For a transitional period of four years” to the end;

(e) omit paragraph 7;

(f) in paragraph 8 for “the Member State” substitute “ a fisheries administration ”;

(g) for paragraph 9 substitute—

(9) For stocks subject to the landing obligation, a fisheries administration may use a year to year flexibility of up to 10% of the landings that it has permitted. For this purpose, a fisheries administration may allow landing of additional quantities of the stock that is subject to the landing obligation provided that such quantities do not exceed 10% of the quota allocated.

(h) in paragraph 13 for “Member States shall” in each place it occurs, substitute “ a fisheries administration must ”; and

(i) omit paragraph 14.

(10) Omit Titles 3 and 4 of Part 3.

(11) Omit Article 21.

(12) In Article 22—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ A fisheries administration must ”, and

(ii) for “their fleet to their fishing opportunities” substitute “ its fleet to the fishing opportunities available to it ”;

(b) omit paragraphs 2 to 4;

(7) A fisheries administration must, jointly with the other fisheries administrations, ensure that the fishing capacity of the United Kingdom fleet does not exceed at any time 231,106 GT or 909,141 kW.

(13) In Article 23—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ A fisheries administration must ”, and

(ii) for “their fleets” in both places it occurs, substitute “ its fleet ”;

(b) omit paragraphs 2 to 4.

(14) In Article 24—

(a) in paragraph 1—

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

(ii) omit “Union”, and

(iii) for “flying their flag” substitute “ in its fleet ”;

(b) omit paragraph 2;

(i) for “Commission shall” substitute “ Secretary of State must ”,

(ii) for “Union” in each place it occurs, substitute “ United Kingdom ”,

(iii) for “that it receives pursuant to paragraph 2” substitute “ referred to in paragraph 1 ”, and

(iv) for “It shall provide public access” substitute “ Public access must be provided ”.

(15) In Article 25—

(a) in paragraph 1—

(i) for the first paragraph substitute—

(1) A fisheries administration must, in accordance with the rules adopted in the area of data collection, collect biological, environmental, technical and socio-economic data necessary for fisheries management, manage those data and make them available to end-users. Those data shall, in particular, enable the assessment of:

, and

(ii) in point (c), for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2—

(i) omit point (d), and

(ii) in point (e) omit “Union”;

(d) omit paragraph 7.

(16) For Article 26 substitute—

A fisheries administration must consult appropriate scientific bodies. Consultations of scientific bodies shall take into account the proper management of public funds, with the aim of avoiding duplication of work by such bodies.

(17) For Article 27 substitute—

A fisheries administration must carry out fisheries and aquaculture research and innovation programmes.

(18) In Article 28—

(a) in paragraph 1, for “the Union shall conduct its external fisheries relations” substitute “ a fisheries administration must conduct the external fisheries relations of the United Kingdom ”;

(b) in paragraph 2—

(i) for “the Union shall” substitute “ a fisheries administration must ”,

(ii) in point (b) for “Union” substitute “ United Kingdom ”,

(iii) in point (c) for “Union” substitute “ United Kingdom ”, and

(iv) for point (d) substitute—

(d) ensure that the fishing activities of United Kingdom fishing vessels outside of United Kingdom waters are based on the same principles and standards as those applicable under the law of the United Kingdom, while promoting a level-playing field for United Kingdom operators vis-a-vie operators from other countries;

; and

(19) In Article 29—

(a) in the heading for “Union” substitute “ United Kingdom ”;

(b) in paragraph 1 for “The Union shall” substitute “ A fisheries administration must ”;

(i) for Union” in the first place it occurs, substitute “ United Kingdom ”; and

(ii) for “The Union shall” substitute “ A fisheries administration must ”;

(d) in paragraph 3, for “The Union shall” substitute “ A fisheries administration must ”; and

(e) in paragraph 4, for “The Union shall” substitute “ A fisheries administration must ”.

(20) In Article 30—

(a) for “The Union shall”, substitute “ A fisheries administration must ”; and

(b) omit “, including through the European Fisheries Control Agency (“the Agency”),”.

(21) In Article 31—

(a) in paragraph 1, for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2—

(i) for “the Union shall” substitute “ a fisheries administration must ”,

(ii) for “Union” in the second place it occurs, substitute “ United Kingdom ”,

(iii) for “Union fleets” in the first place it occurs, substitute “ the United Kingdom fleet ”, and

(iv) for “Union fleets” substitute “United Kingdom fleet's”;

(i) for “Union” in the first place it occurs, substitute “ United Kingdom fishing ”,

(ii) for “Union” in the second and third places it occurs, substitute “ United Kingdom ”, and

(iii) for “the Union shall” substitute “ a fisheries administration must ”;

(d) in paragraph 4, for “Union” in both places it occurs, substitute “ United Kingdom ”;

(e) in paragraph 5, for “Union” substitute “ United Kingdom ”;

(f) in paragraph 6—

(i) for “The Union shall” substitute “ A fisheries administration must ”, and

(ii) in point (a) for “Union” substitute “ United Kingdom ”;

(g) in paragraph 7—

(i) omit “at Union level”,

(ii) for “Union” substitute “ United Kingdom ”, and

(iii) for “non-Union” substitute “ non-United Kingdom ”;

(h) in paragraph 8—

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

(ii) for “Union fishing vessels flying their flag and” substitute “ United Kingdom fishing vessels ”, and

(iii) for “Union waters” substitute “ United Kingdom waters ”;

(i) in paragraph 9—

(i) for “Union fishing fleet register” in both places it occurs, substitute “ United Kingdom fishing fleet register ”,

(ii) for “the competent authorities of the flag Member State” substitute “ a fisheries administration ”,

(iii) for “vessel flagged in the Union” substitute “ United Kingdom fishing vessel ”, and

(iv) for “Union law” substitute “ relevant law ”; and

(j) omit paragraph 10.

(22) In Article 32—

(a) in paragraph 1—

(i) for “The Union shall” substitute “ A fisheries administration may ”, and

(ii) in point (a) for “Union” substitute “ United Kingdom fishing ”; and

(b) for paragraph 2 substitute—

(2) Where financial assistance is provided under a Sustainable fisheries partnership agreement— (a) any financial assistance for sectoral support must be decoupled from payments for access to fisheries resources; and (b) the agreement must require the achievement of specific results as a condition for payments and the fisheries administration must closely monitor progress.

(23) In Article 33—

(a) in the heading for “Union” substitute “ United Kingdom ”;

(b) in paragraph 1—

(i) for “the Union shall” in each place it occurs, substitute “ a fisheries administration must ”, and

(ii) for “Union operators” substitute “ operators within the United Kingdom ”; and

(24) In Article 34—

(a) in paragraph 1—

(i) for “the Commission shall” substitute “ a fisheries administration must, in conjunction with the other fisheries administrations, seek to ”,

(ii) omit “Union” in the first place it occurs,

(iii) for “Union” in the second place it occurs, substitute “ United Kingdom ”, and

(iv) in point (b) for “Union” substitute “ relevant ”;

(b) omit paragraphs 2 to 6.

(25) In Article 35—

(a) in paragraph 1—

(i) omit point (b),

(ii) in points (c), (d) and (e) for “Union” in each place it occurs, substitute “ United Kingdom ”; and

(b) in paragraph 2 for “Union” substitute “ United Kingdom ”.

(26) In Article 36—

(a) for paragraph 1 substitute—

(1) Compliance with Fisheries Rules is to be ensured through an effective fisheries control system, including the fight against IUU fishing.

(b) in paragraph 2—

(i) omit “of the CFP”,

(ii) omit point (b),

(iii) omit point (e), and

(iv) in the last sentence, for “The Union shall” substitute “ A fisheries administration must ”; and

(27) Omit Articles 37 to 46.

(28) In Article 48 omit paragraphs 2 to 5.

(29) Omit Articles 49 to 51.

(30) Omit Annexes 2 and 3.

PART 3 — AMENDMENT OF THE CONTROL REGULATIONS

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

4

(1) Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy is amended as follows.

(2) In Article 1—

(a) omit “Union” in the first place it occurs;

(b) omit “(hereinafter referred to as Union control system)”; and

(3) Omit Article 2.

(4) Omit Article 2a.

(5) For Article 3 substitute—

This Regulation applies without prejudice to special provisions contained in fisheries agreements concluded between the United Kingdom and other countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the United Kingdom is a Contracting Party or a non-contracting Cooperating Party.

(6) In Article 4—

(a) for “Regulation (EC) No 2371/2002” substitute “ Regulation (EU) No 1380/2013 ”;

(b) for point 2 substitute—

(2) ‘Fisheries Rules’ means relevant retained direct EU legislation;

(d) in point 6 for “national authority, the Commission or the Community Fisheries Control Agency” substitute “ fisheries administration ”;

(e) omit point 7;

(f) in point 8—

(i) for ”national authority” substitute “ fisheries administration ”, and

(ii) for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”;

(g) in point 9 omit “Union”;

(h) in point 10 omit “Union”;

(i) omit point 12;

(j) for point 14 substitute—

(14) ‘fishing restricted area’ means any marine area defined in retained direct EU legislation where fishing activities are either limited or banned;

(k) in point 15 for “flag Member State” substitute “ fisheries administration ”;

(l) in point 17, for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”;

(m) in point 18 omit “, Union”;

(n) for point 24 substitute—

(24) ‘multiannual plans’ means recovery plans and plans providing for specific management measures for particular fish stocks for several years;

(o) in point 26 for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”; and

(p) in point 27 for “certificate issued by the Member State's authorities or classification societies or other operators assigned by them” substitute “ entry for the vessel in question recorded in the register maintained under Part 2 of the Merchant Shipping Act 1995 ”.

(7) Omit Title 2.

(8) In Article 6—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2—

(i) for “The flag Member State shall” substitute “ A fisheries administration must ”,

(ii) omit “Community”, and

(iii) for “Article 15 of Regulation (EC) No 2371/2002” substitute “ Commission Implementing Regulation (EU) 2017/218 ”;

(i) for “The flag Member State shall” substitute “ A fisheries administration must ”, ...

(ii) for “Member State” substitute “ fisheries administration ” , and

(iii) omit “in accordance with Article 45(4) of Regulation (EC) No 1005/2008”;

(d) in paragraph 4—

(i) for “The flag Member State shall” substitute “ A fisheries administration must ”, ...

(ii) omit “which is the subject of a capacity adjustment measure referred to in Article 11(3) of Regulation (EC) No 2371/2002, or”; and

(iii) omit “in accordance with Article 45(4) of Regulation (EC) No 1005/2008”; and

(e) omit paragraph 5.

(9) In Article 7—

(a) in paragraph 1—

(i) for “Union” in the first and second places it occurs, substitute “ United Kingdom ”, and

(ii) in point (e) for “Union” substitute “ relevant retained direct EU ”; and

(b) omit paragraphs 2 and 3.

(10) In Article 9—

(a) in paragraph 1—

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

(ii) for “the fishing vessels flying their flag” substitute “ its fleet ”, and

(iii) for “the Member States'” substitute “ United Kingdom ”;

(b) in paragraph 2, for “the flag Member State” substitute “ a fisheries administration ”;

(d) in paragraph 4, for “Union” substitute “ United Kingdom ”;

(e) in paragraph 5—

(i) for “Member State” substitute “ fisheries administration ”,

(ii) for “Union” substitute “ United Kingdom ”,

(iii) omit “flying its flag”, and

(iv) in point (a) for “flag Member State” substitute “ United Kingdom ”;

(f) in paragraph 6 for “Union” in both places it occurs, substitute “ United Kingdom ”;

(g) for paragraph 7 substitute—

(7) A fisheries administration must establish and operate a fisheries monitoring centre, which must monitor fishing activities and fishing effort. The fisheries monitoring centre must monitor the fisheries administration's fleet whatever the waters in which they are operating or the port they are in, as well as other fishing vessels to which vessel monitoring systems apply when they are operating within United Kingdom waters.

(h) in paragraph 8—

(i) for “Each flag Member State shall” substitute “ A fisheries administration must ”,

(ii) for “Member States shall” substitute “ A fisheries administration must ”, and

(iii) omit the last sentence; and

(i) omit paragraph 9.

(11) In Article 10—

(a) in paragraph 1 omit “In accordance with Annex II Part I point 3 of the Directive 2002/59/EC,”; and

(b) omit paragraphs 2 and 3.

(12) In Article 11—

(a) for “Member States have” substitute “ a fisheries administration has ”;

(b) for “they shall” substitute “ it must ”;

(d) for “Member States shall” substitute “ A fisheries administration must ”; and

(e) for “their” substitute “ its ”.

(13) In Article 12—

(a) omit “Union”; and

(b) for “of the Member States” substitute “ in the United Kingdom ”.

(14) Omit Article 13.

(15) In Article 14—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”;

(b) in paragraph 4—

(i) for “Union” in each place it occurs, substitute “ United Kingdom ”, and

(ii) omit “(4) and (5)”;

(i) omit “Union” in the first place it occurs, and

(ii) for “Union” in the second place it occurs, substitute “ United Kingdom ”;

(d) in paragraph 6—

(i) for “Union” substitute “ United Kingdom ”,

(ii) in point (a) for “their flag Member State” substitute “ a fisheries administration ”, and

(iii) for point (b) substitute “ if the landing has taken place in the port of a third country, to the competent authorities of the port country concerned ”;

(e) in paragraph 7—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the procedure referred to in Article 119” substitute “ Commission Implementing Regulation (EU) No 404/2011 ”; and

(f) in paragraph 8 for “Union” in each place it occurs, substitute “ United Kingdom ”.

(16) In Article 15—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”;

(b) in paragraph 2—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “flag Member State” substitute “ a fisheries administration ”;

(d) in paragraph 4—

(i) for “A Member State” substitute “ A fisheries administration ”, and

(ii) for “Union fishing vessels” substitute “ fishing vessels in its fleet ”,

(iii) omit “flying its flag”, and

(iv) in point (a) for “flag Member State” substitute “ United Kingdom ”;

(e) in paragraph 5, for “Union” substitute “ United Kingdom ”;

(f) omit paragraph 6;

(g) in paragraph 7, for “Member State” substitute “ fisheries administration ”; and

(h) omit paragraph 8.

(17) Omit Article 16.

(18) In Article 17—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “their flag Member State” substitute “ a fisheries administration ”;

(b) for paragraph 2 substitute—

(2) When a United Kingdom fishing vessel intends to enter a port which is not a United Kingdom port, a fisheries administration must immediately upon receipt forward the electronic prior notification to the competent authorities of the relevant coastal state.

; and

(19) Omit Article 18.

(20) In Article 19—

(a) for “the coastal Member State” substitute “ a fisheries administration ”; and

(b) for “Articles 17 and 18” substitute “ Article 17 ”.

(21) In Article 20—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) omit “of Member States”; and

(b) in paragraph 3 for “Union” substitute “ United Kingdom ”.

(22) In Article 21—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”; and

(b) in paragraph 4—

(i) in point (a) for “their flag Member State (s)” substitute “ a fisheries administration ”, and

(ii) for point (b) substitute—

(b) if the transhipment has taken place in a port of a third country, to the competent authorities of that country.

(23) In Article 22—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”;

(b) omit paragraph 2;

(i) for “Member State” substitute “ fisheries administration ”,

(ii) for “Union” substitute “ United Kingdom ”,

(iii) omit “flying its flag”, and

(iv) in point (a) for “flag Member State” substitute “ United Kingdom ”;

(d) omit paragraph 4;

(e) for paragraph 5 substitute—

(5) When a United Kingdom fishing vessel tranships its catches in another country, the competent authorities of a fisheries administration must immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the country where the catch was transhipped and where the catch is destined.

; and

(f) omit paragraph 6.

(24) In Article 23—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”; and

(b) in paragraph 3—

(i) for “Union” substitute “ United Kingdom ”,

(ii) in point (a) for “their flag Member State” substitute “ the competent authorities of a fisheries administration ”, and

(iii) for point (b) substitute—

(b) if the landing has taken place in a port of a third country to the competent authorities of that country.

(25) In Article 24—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”;

(b) omit paragraph 2;

(i) for “Member State” substitute “ fisheries administration ”,

(ii) for “Union” substitute “ United Kingdom ”,

(iii) omit “flying its flag”, and

(iv) in point (a) for “flag Member State” substitute “ fisheries administration ”;

(d) for paragraph 4 substitute—

(4) When a United Kingdom fishing vessel lands its catches in a third country, the competent authorities of a fisheries administration must immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the country where the catch was landed.

(e) in paragraph 5—

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “Member State other than the flag Member State” substitute “ third country ”, and

(iii) for “the coastal Member State” substitute “ a fisheries administration ”;

(f) in paragraph 6—

(i) for “Member State” substitute “ fisheries administration ”, and

(ii) for “fishing vessels flying its flag” substitute “ United Kingdom fishing vessels ”; and

(g) omit paragraph 7.

(26) Omit Article 25.

(27) In Article 26—

(a) for paragraph 1 substitute—

(1) A fisheries administration must control the compliance with fishing effort regimes in geographical areas where maximum allowable fishing effort applies.

(b) in paragraph 3—

(i) for “Member State” substitute “ fisheries administration ”, and

(ii) omit “to this Member State”;

(d) in paragraph 6 for “the Member State whose flag is flown by the fishing vessel concerned” substitute “ a fisheries administration ”.

(28) In Article 27—

(a) in paragraph 1, for “the flag Member State” substitute “ a fisheries administration ”; and

(b) in paragraph 2, for “the flag Member State” substitute “ a fisheries administration ”.

(29) In Article 28

(a) in paragraph 1—

(i) for “the Council” substitute “ a fisheries administration ”,

(ii) for “Union” substitute “ United Kingdom ”,

(iii) for “Union rules” substitute “ rules made by a fisheries administration ”,

(iv) for “his flag Member State” substitute “ a fisheries administration ”, and

(v) for “coastal Member State” substitute “ coastal state ”; and

(b) omit paragraph 2.

(30) In Article 29—

(a) in paragraph 2—

(i) for Member State” substitute “ fisheries administration ”,

(ii) for “flag Member State” substitute “ fisheries administration ”; and

(b) in paragraph 3—

(i) for “Member State” substitute “ fisheries administration ”, and

(ii) omit the last sentence.

(31) In Article 30—

(a) in paragraph 1—

(i) before “fishing vessel” insert “ United Kingdom ”, and

(ii) in point (b) for “its flag Member State” substitute “ United Kingdom fishing vessels ”; and

(b) in paragraph 2—

(i) before “fishing vessel” insert “ United Kingdom ”, and

(ii) in point (b) for “its flag Member State” substitute “ United Kingdom fishing vessels ”.

(32) In the heading to section 3 of Chapter 1 of Title 4 for “and exchange of data by Member States” substitute “ of catches and fishing effort data ”.

(33) In Article 33—

(a) in paragraph 1, for “Each flag Member State shall” substitute “ A fisheries administration must ”;

(b) omit paragraphs 2 to 4;

(i) for “ Union” substitute “ United Kingdom ”, and

(ii) for “flag Member State” substitute “ United Kingdom ”;

(d) in paragraph 6—

(i) for “flag Member State” substitute “ United Kingdom ”, and

(ii) for “Article 12(2) of Council Regulation (EC) No 199/2008” substitute “ Article 5(5) of Regulation (EU) 2017/1004 of the European Parliament and of the Council ”;

(e) omit paragraph 7;

(f) in paragraph 8—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the flag Member State” substitute “ United Kingdom fishing vessels ”;

(g) in paragraph 9—

(i) for “its flag Member State” substitute “ the United Kingdom ”, and

(ii) for “Article 12(2) of Council Regulation (EC) No 199/2008” substitute “ Article 5(5) of Regulation (EU) 2017/1004 of the European Parliament and of the Council ”; and

(h) omit paragraph 10.

(34) Omit Article 34.

(35) Omit Section 4 of Chapter 1 of Title 4.

(36) Omit Section 1 of Chapter 2 of Title 4.

(37) In Article 39—

(a) for paragraph 2 substitute—

(2) A fisheries administration must ensure that the certified engine power is not exceeded.

; and

(b) in paragraph 3, for “Member States” substitute “ A fisheries administration ”.

(38) In Article 40—

(a) in paragraph 1—

(i) for “Member States shall be” substitute “ A fisheries administration is ”, and

(ii) for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2, for “the Member States'” substitute “a fisheries administration's”;

(d) in paragraph 4, for “the Member State concerned” substitute “ a fisheries administration ”; and

(e) omit paragraph 5.

(39) In Article 41—

(a) in paragraph 1—

(i) for “Member States” substitute “ A fisheries administration ”,

(ii) Omit “based on the methodology adopted by the Commission in accordance with the procedure referred to in Article 119,”,

(iii) in point (d) for “94/57/EC” substitute “ 2009/15/EC ”, and

(iv) in point (f) for “Community” substitute “ United Kingdom ”; and

(b) in paragraph 2, for “Member States shall” substitute “ a fisheries administration must ”.

(40) Omit Article 42.

(41) In Article 43—

(a) omit paragraph 1;

(b) for paragraph 2 substitute—

(2) Where a multiannual plan contains a threshold, applicable to the live weight of species subject to the plan, above which catches of such species must be landed in a designated port or place close to the shore, the master of a United Kingdom fishing vessel must ensure that landings of fish above the threshold are only made in a designated port or place close to the shore.

(d) in paragraph 7—

(i) for “Member States shall be exempted” substitute “ A fisheries administration is exempt ”,

(ii) omit “national”, and

(iii) omit the last sentence.

(42) In Article 44 for “Union” in each place it occurs, substitute “ United Kingdom ”.

(43) Omit Article 45.

(44) In Article 46—

(a) in the heading omit “National”;

(b) for paragraph 1 substitute—

(1) A fisheries administration must define a control action programme applicable to each multiannual plan.

; and

(45) In Article 48—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2 for “Union” substitute “ United Kingdom ”;

(3) If the lost gear cannot be retrieved, the master of the vessel must inform the competent authorities of a fisheries administration, which must then inform the competent authority of the coastal state if the gear is lost in waters outside United Kingdom waters, within 24 hours of the following:

(d) in paragraph 4 for “the Member States” substitute “ a fisheries administration ”; and

(e) in paragraph 5—

(i) for “Member State” substitute “ fisheries administration ”,

(ii) for “Union” substitute “ United Kingdom ”,

(iii) omit “flying its flag”, and

(iv) in point (a), for “flag Member State” substitute “ United Kingdom ”.

(46) In Article 49—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”; and

(b) omit paragraph 2.

(47) In Article 49a—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2 for point (a) substitute—

(a) where the catches contain more than 80% of one or more of the following species— (i) mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat (i.e. small pelagic fisheries); (ii) capelin, sandeel, Norwegian pout (i.e. fisheries for industrial purposes);

(48) In Article 49b—

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

(b) omit “Union”.

(49) In Article 49c omit the final sentence.

(50) In Article 50—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”,

(ii) after “fishing zones” insert “ within United Kingdom waters ”,

(iii) omit “by the Council”, and

(iv) for “the coastal Member State” substitute “ a fisheries administration ”;

(b) omit paragraph 2;

(c) in paragraph 4, in point (b), for “the flag Member State which shall then inform the competent authorities of the coastal Member State” substitute “ a fisheries administration ”; and

(d) in paragraph 5 for “Union” substitute “ United Kingdom ”.

(51) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(52) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(53) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(54) In Article 54b(3)—

(a) omit “which are certified by the competent authorities of the flag Member States”;

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

(55) Omit Chapter 5 of Title 4.

(56) In Article 56—

(a) in paragraph 1—

(i) for “Each Member State shall be” substitute “ A fisheries administration is ”,

(ii) omit “on its territory”,

(iii) for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”,

(iv) after “fisheries and aquaculture products” insert “ in the United Kingdom ”, and

(v) for “Member States shall, in particular” substitute “ In particular, a fisheries administration must ”;

(b) in paragraph 2 for “Union” substitute “ relevant retained direct EU ”; and

(57) In Article 57—

(a) in paragraph 1 for “Member States shall” in each place it occurs, substitute “ A fisheries administration must ”; and

(b) in paragraph 2, for “(EC) No 104/2000” substitute “ (EU) No 1379/2013 ”.

(58) In Article 58—

(a) in paragraph 2 for “Union” substitute “ United Kingdom ”;

(b) in paragraph 4 for “Member States shall” substitute “ A fisheries administration must ”;

(d) in paragraph 7 for “Union” substitute “ United Kingdom ”.

(59) In Article 59—

(a) in paragraph 1 for “Member States shall” substitute “ A fisheries administration must ”; and

(b) in paragraph 2 for “the Member State where the first sale takes places” substitute “ a fisheries administration, in circumstances where the first sale takes place in the United Kingdom ”.

(60) In Article 60—

(a) for paragraph 1 substitute—

(1) A fisheries administration must ensure that all fishery products are weighed on systems approved by its competent authorities unless it has adopted a sampling plan based on risk-based methodology in accordance with regulations made under paragraph 7.

(b) in paragraph 3 for “Member States” substitute “ a fisheries administration ”;

(d) in paragraph 6—

(i) for “Member State” substitute “ fisheries administration ”, and

(ii) for “that Member State” substitute “ the United Kingdom ”.

(61) In Article 61—

(a) in paragraph 1—

(i) for “Member States” substitute “ a fisheries administration ”,

(ii) for “on the territory of the Member State concerned” substitute “ in the United Kingdom ”,

(iii) for “this Member State” substitute “ the fisheries administration ”, and

(iv) for “approved by the Commission and based on the risk-based methodology adopted by the Commission in accordance with the procedure referred to in Article 119” substitute “ in accordance with the risk-based methodology described in Annex XIX to Commission Implementing Regulation (EU) No 404/2011 ”, and

(b) omit paragraph 2.

(62) In Article 62—

(a) in paragraph 1—

(i) for “Member States” substitute “ a fisheries administration ”,

(ii) for “EUR 200 000” substitute “ £175,000 ”,

(iii) for “a Member State” substitute “ the United Kingdom ”, and

(iv) for “the Member State in whose territory the first sale takes place” substitute “ a fisheries administration ”;

(b) in paragraph 2—

(i) for “A Member State” substitute “ A fisheries administration ”,

(ii) for “Member States” substitute “ a fisheries administration ”, and

(iii) for “EUR 200 000” substitute “ £175,000 ”;

(3) If the first sale of fish landed by a fishing vessel of a third country takes place in the United Kingdom, a fisheries administration must ensure that a copy of the sales note is submitted, if possible, electronically, to the competent authorities of the flag state of the fishing vessel upon receipt of the relevant information.

(d) for paragraph 4 substitute—

(4) If the first marketing of fisheries products takes place in the United Kingdom, but the products were not landed in the United Kingdom, a fisheries administration must ensure a copy of the sales note is submitted, if possible electronically, to the competent authorities responsible for controlling the landing of the products concerned and to the competent authorities of the flag state of the fishing vessel upon receipt of the sales note.

(e) in paragraph 5—

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “the fishing vessel” substitute “ a United Kingdom fishing vessel ”, and

(iii) for “the flag Member State” substitute “ a fisheries administration ”; and

(f) omit paragraph 6.

(63) In Article 63—

(a) in paragraph 1—

(i) for “Member States” substitute “ a fisheries administration ”,

(ii) for “EUR 200 000” substitute “ £175,000 ”, and

(iii) for “the Member State in whose territory the first sale takes place” substitute “ a fisheries administration ”; and

(b) in paragraph 2, for “Member States shall” substitute “ A fisheries administration must ”.

(64) In Article 64(1)(h) omit “of fishery products in accordance with Article 30 of Regulation (EU) No 1379/2013”.

(65) In Article 66—

(a) in paragraph 1—

(i) for “EUR 200 000” substitute “ £175,000 ”,

(ii) for “a Member State” substitute “ the United Kingdom ”, and

(iii) for “the Member State where the take-over takes place” substitute “ a fisheries administration ”; and

(b) omit paragraph 2.

(66) In Article 67—

(a) in paragraph 1—

(i) for “EUR 200 000” substitute “ £175,000 ”,

(ii) “a Member State” substitute “the United Kingdom”, and

(iii) for “the Member State where the take-over takes place” substitute “ a fisheries administration ”; and

(b) omit paragraph 2.

(67) In Article 68—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for the words from “the Member State” to the end, substitute “ a fisheries administration ”;

(b) in paragraph 2—

(i) for “flag Member State” substitute “ a fisheries administration ”,

(ii) for “Member State” in each place it occurs, substitute “ country ”;

(i) for “Member State” in each place it occurs, substitute “ country ”, and

(ii) omit the final sentence.

(d) in paragraph 6 for “Member States” substitute “ a fisheries administration ”.

(68) In Article 69—

(a) in paragraph 1—

(i) for “Article 6(1) of Regulation (EC) No 104/2000” substitute “ Article 18 of Regulation (EU) 1379/2013 ”,

(ii) for “Member States shall” substitute “ a fisheries administration must ”,

(iii) for “Article 5 of Regulation (EC) No 104/2000” substitute “ Article 14 of Regulation (EU) 1379/2013 ”; and

(b) omit paragraphs 2 and 3.

(69) Omit Article 70.

(70) In Article 71—

(a) in the heading omit “by Member States”;

(b) in paragraph 1—

(i) for “Member States shall” substitute “ A fisheries administration must ”, and

(ii) for “Union waters under their sovereignty or jurisdiction” substitute “ United Kingdom waters ”;

(d) for paragraph 3 substitute—

(3) If the sighting or detection refers to a fishing vessel of a third country, and the information does not correspond to any other information that is available to the competent authority of a fisheries administration, and if the authority is not in a position to undertake further action, it shall record its findings in a surveillance report and shall transmit that report without delay, if possible by electronic means, to the flag state concerned.

; and

(e) in paragraph 4—

(i) omit “of a Member State”, and

(ii) for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”.

(71) In Article 72—

(a) for paragraph 1 substitute—

(1) A fisheries administration must, upon receipt of a surveillance report from a third country, take prompt action on it and undertake such further investigation as is necessary to allow it to determine appropriate follow up.

(b) omit paragraph 2; and

(c) in paragraph 3, for “The Commission or the body designated by it or, where appropriate, the flag Member State and other Member States” substitute “ A fisheries administration ”.

(72) In Article 73—

(a) in paragraph 1—

(i) omit “Union”,

(ii) for “the Council” substitute “ a fisheries administration ”, and

(iii) for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”;

(b) in paragraph 4 for “the flag Member State” substitute “ a fisheries administration ”;

(i) for “flag Member State” substitute “ flag state ”, and

(ii) for “Member States shall” substitute “ A fisheries administration must ”;

(d) in paragraph 6 for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”;

(e) in paragraph 7 for “Union” in each place it occurs, substitute “ United Kingdom ”; and

(f) for paragraph 8 substitute—

(8) All costs arising from the operation of control observers in respect of United Kingdom fishing vessels shall be borne by a fisheries administration. A fisheries administration may charge those costs, in part or in full, to the operators of United Kingdom fishing vessels involved in the relevant fishery.

(73) In Article 73a—

(a) for “Member States” substitute “ a fisheries administration ”; and

(b) omit “flying their flag”.

(74) Omit Article 74.

(75) In Article 76(1)—

(a) omit the third sentence; and

(b) omit the final sentence.

(76) Omit Article 77.

(77) In Article 78(1) for “Member States shall” substitute “ A fisheries administration must ”.

(78) Omit Articles 79 to 83.

(79) In Article 84—

(a) in paragraph 1 for “The flag Member State or the coastal Member State in whose waters a fishing vessel is suspected” substitute “ A fisheries administration which suspects a fishing vessel ”; and

(b) in paragraph 2—

(i) for “The coastal Member State shall” substitute “ A fisheries administration must ”,

(ii) for “national” substitute “ applicable ”, and

(iii) for “flag Member State” substitute “ flag state ”.

(80) Omit Chapter 4 of Title 7.

(81) Omit Article 89.

(82) In Article 90—

(a) in paragraph 1—

(i) for “the Member State” substitute “ a fisheries administration ”,

(ii) in point (c), for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”;

(b) in paragraph 2—

(i) for “Member States shall” substitute “A fisheries administration must”, and

(ii) omit “the range of sanctions and measures provided for in”;

(c) in paragraph 3 for the words from “Without prejudice” to “Member States shall” substitute “ A fisheries administration must ”;

(d) in paragraph 4 for “the Member State shall” substitute “ a fisheries administration must ”;

(e) in paragraph 5 for “Member States” substitute “ A fisheries administration ”; and

(f) in paragraph 6 omit “, in particular those described in Article 45 of Regulation (EC) No 1005/2008”.

(83) In Article 91 for “Member States shall” substitute “ A fisheries administration must ”.

(84) In Article 92—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ A fisheries administration must ”, and

(ii) for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”;

(b) in paragraph 2 for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”; and

(i) for “Member States shall” substitute “ A fisheries administration must ”, and

(ii) for “the rules of the common fisheries policy” substitute “ Fisheries Rules ”.

(85) In Article 93—

(a) for paragraph 1 substitute—

(1) A fisheries administration must enter in a national register all infringements of Fisheries Rules committed by United Kingdom fishing vessels or by United Kingdom nationals, including the sanctions they incurred and the number of points assigned. A fisheries administration must also enter infringements by United Kingdom fishing vessels and United Kingdom nationals prosecuted in other countries.

; and

(b) omit paragraphs 2 and 3.

(86) Omit Article 94.

(87) In Article 95—

(a) in paragraph 3 for “each Member State shall” substitute “ a fisheries administration must ”; and

(b) in paragraph 4 for “The Member States concerned shall” substitute “ The fisheries administration concerned must ”.

(88) Omit Titles 10 to 12.

(89) Omit Articles 117 and 118.

(90) Omit Title 15.

(91) Annex 1—

(a) in paragraph 1 for “Each Member State shall” substitute “ A fisheries administration must ”;

(b) in paragraph 3 omit the final sentence; and

(i) omit the first subparagraph,

(ii) in the second subparagraph for “Member States shall” substitute “ A fisheries administration must ”,

(iii) omit the third subparagraph,

(iv) in point (a) for “a Member State” substitute “ the United Kingdom ”, and

(v) in point (d) omit “at the Member State's disposal”.

Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy

5

(1) Despite the revocation of Articles 6(5), 16, 25, 37, 55, 74, 79, 103, 105, 106, 107, 111, 116, 117 and 118 of Council Regulation (EC) No 1224/2009, Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy continues to have effect and is amended as follows.

(2) In Article 1—

(a) for “European Union” substitute “ United Kingdom ”; and

(b) at the end insert—

This Regulation applies without prejudice to special provisions contained in fisheries agreements concluded between the United Kingdom and other countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the United Kingdom is a Contracting Party or a non-contracting Cooperating Party.

(3) In Article 2—

(a) omit points 1 and 2;

(b) omit point 4;

(c) in point 12, for “Member State authorities” substitute “ the authorities of a fisheries administration or of a third country ”;

(d) omit point 14;

(e) in point 15 for “Member State” substitute “ fisheries administration ”;

(f) in point 17 omit “Member States”; and

(g) at the end insert—

(19) ‘the Control Regulation’ means Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.

(4) In Article 3—

(a) in paragraph 1 omit “Union”;

(b) in paragraph 2 for “Member States for their fishing vessels” substitute “ a fisheries administration for United Kingdom fishing vessels ”;

(d) omit paragraph 7.

(5) In Article 4—

(a) in paragraph 1 omit “Union”;

(b) in paragraph 2—

(i) for “The flag Member State shall” substitute “ A fisheries administration must ”, and

(ii) for “the rules of the Common Fisheries Policy” substitute “ Fisheries Rules ”; and

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the territorial waters of their flag Member States” substitute “ United Kingdom waters ”.

(6) In Article 5—

(a) in paragraph 1—

(i) omit “when the websites referred to in Article 114 of the Control Regulation have become operational and not later than 1 January 2012”,

(ii) for “Member States shall” substitute “ a fisheries administration must ”, and

(iii) for “their fishing vessels” substitute “ United Kingdom fishing vessels ”; and

(b) omit paragraph 2.

(7) In the heading to Chapter 3 of Title 2 for “Union” substitute “ United Kingdom ”.

(8) In Article 6—

(a) for “Union” in each place it occurs, substitute “ United Kingdom ”; and

(b) in point (c) of the first paragraph, for “the flag Member State” substitute “ a fisheries administration ”.

(9) In Article 7—

(a) in the heading for “Union” substitute “ United Kingdom ”;

(b) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “the Member State in which it is registered” substitute “ a fisheries administration ”, and

(iii) in point (e) for “Union” substitute “ United Kingdom ”;

(d) in paragraph 3 for “an EU” substitute “ a United Kingdom fishing ”; and

(e) in paragraph 4 for “the flag Member State” in each place it occurs, substitute “ a fisheries administration ”.

(10) In Article 8 for “Union” in each place it occurs, substitute “ United Kingdom ”.

(11) In Article 9—

(a) in paragraph 1—

(i) for “Union” in each place it occurs, substitute “ United Kingdom ”, and

(ii) omit “of the coastal Member States”;

(b) in paragraph 2 for “Union” substitute “ United Kingdom ”; and

(12) In Article 10 for “Union” substitute “ United Kingdom ”.

(13) In Article 11 for “Union” substitute “ United Kingdom ”.

(14) In Article 13 for “Union” in each place it occurs, substitute “ United Kingdom ”.

(15) In Article 18—

(a) in the heading omit “Union”;

(b) in paragraph 1 for “Union” substitute “ United Kingdom ”;

(i) for “Union” in each place it occurs, substitute “ United Kingdom ”,

(ii) in point (a) for “the flag Member State and the FMC of the coastal Member State” substitute “ a fisheries administration ”,

(iii) in the final sentence, for “the flag Member State” substitute “ a fisheries administration ”, and

(iv) omit “Union”; and

(d) in paragraph 3 omit “Union”.

(16) In Article 19—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”; and

(b) in paragraph 2 for “Member States shall” substitute “ A fisheries administration must ”.

(17) In Article 20—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2 for “Union” substitute “ United Kingdom ”; and

(18) In Article 21—

(a) in the heading, for “flag Member States” substitute “ a fisheries administration ”; and

(b) for “Each flag Member State shall” substitute “ A fisheries administration must ”.

(19) In Article 22—

(a) for “Each Member State shall” substitute “ A fisheries administration must ”; and

(b) for “its fishing vessels” in each place it occurs, substitute “ fishing vessels in its fleet ”.

(20) In Article 23—

(a) for “Each Member State shall” substitute “ A fisheries administration must ”;

(b) for “its fishing vessels” substitute “ fishing vessels in its fleet ”; and

(21) Omit Article 24.

(22) In Article 25—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “the flag Member State” substitute “ a fisheries administration ”, and

(iii) omit the final sentence;

(b) in paragraph 2—

(i) for “the flag Member State shall” substitute “ a fisheries administration must ”, and

(ii) omit the final sentence;

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “the flag state” substitute “ a fisheries administration ”,

(iii) for “the flag Member State” substitute “ a fisheries administration ”, and

(iv) for “its fishing vessels” substitute “ fishing vessels in its fleet ”;

(d) in paragraph 4—

(i) for “the flag Member State or, where appropriate, of the coastal Member State shall” substitute “ a fisheries administration must ”,

(ii) for “Union” substitute “ United Kingdom ”; and

(e) in paragraph 5 for “the flag Member State” substitute “ a fisheries administration ”.

(23) In Article 26—

(a) in paragraph 1—

(i) for “flag Member State” substitute “ fisheries administration ”,

(ii) for “Union” substitute “ United Kingdom ”,

(iii) for “an EU” substitute “ a ”, and

(iv) for “flag Member State shall” in each place it occurs, substitute “ fisheries administration must ”;

(b) in paragraph 2—

(i) for “flag Member State” substitute “ fisheries administration ”,

(ii) for “another Member State” substitute “ a third country ”, and

(iii) for “the FMC of that coastal Member State” substitute “ the competent authority of that country ”;

(24) In Article 27—

(a) for paragraph 1 substitute—

(1) A fisheries administration shall use relevant data received from other authorities for the effective monitoring of the activities of fishing vessels.

(b) in paragraph 2, for “Flag Member States shall” substitute “ A fisheries administration must ”.

(25) Omit Article 28.

(26) In Article 29—

(a) in the heading omit “Union”;

(b) in paragraph 1 for “Union” substitute “ United Kingdom ”; and

(27) In Article 30—

(a) in paragraph 1 for “Union” in each place it occurs, substitute “ United Kingdom ”;

(b) omit paragraph 2;

(i) for “Union” in the first three places it occurs, substitute “ United Kingdom ”, and

(ii) for “the Union rules” substitute “ laws applicable in the United Kingdom ”; and

(d) omit paragraph 4.

(28) In Article 31—

(a) in paragraph 2 for “the flag Member State” substitute “ a fisheries administration ”; and

(b) in paragraph 4 for “Union” substitute “ United Kingdom ”.

(29) In Article 32—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “its flag Member State” substitute “ the United Kingdom ”, and

(iii) for “Member State” substitute “ fisheries administration ”;

(b) in paragraph 3—

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “Member State other than its flag Member State” substitute “ third country ”,

(iii) for “Member State” substitute “ country ”, and

(iv) for “the flag Member State” substitute “ a fisheries administration ”;

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”; and

(d) in paragraph 5, for “Union” substitute “ United Kingdom ”.

(30) In Article 33(1)(c) for “in the Community legislation or by the flag Member State” substitute “ by a fisheries administration ”.

(31) In Article 34 for “Union” substitute “ United Kingdom ”.

(32) In Article 36—

(a) in the heading omit “Union”;

(b) in paragraph 1 for “Union” substitute “ United Kingdom ”; and

(33) In Article 37—

(a) in the heading—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “its flag State” substitute “ a fisheries administration ”;

(b) for “Member States shall” substitute “ A fisheries administration must ”; and

(34) In Article 38—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”; and

(b) in paragraph 2 for “Union” substitute “ United Kingdom ”.

(35) In Article 39—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “the flag Member State” substitute “ a fisheries administration ”, and

(iii) omit the final sentence;

(b) in paragraph 2—

(i) in point (a), for “the flag State” substitute “ a fisheries administration ”, and

(ii) in point (e), for “Community legislation or by the flag State” substitute “ by a fisheries administration ”;

(d) in paragraph 4—

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “the flag Member State” in each place it occurs, substitute “ a fisheries administration ”, and

(iii) for “coastal Member State” in each place it occurs, substitute “ third country ”; and

(e) in paragraph 5 for “the flag Member State” substitute “ a fisheries administration ”.

(36) In Article 40—

(a) in paragraph 1—

(i) for “flag Member State” substitute “ fisheries administration ”,

(ii) for “Union” in each place it occurs, substitute “ United Kingdom ”,

(iii) for “the flag Member State shall” both times it occurs substitute “ a fisheries administration must ”;

(b) in paragraph 2—

(i) for “flag Member State” substitute “ fisheries administration ”, and

(ii) for “coastal Member State” in each place it occurs, substitute “ third country ”; and

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”.

(37) Omit Article 41.

(38) In Article 42—

(a) in paragraph 1—

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

(ii) in point (a) for “their fishing vessels” substitute “ fishing vessels in its fleet ”, and

(iii) in points (b) and (c), for “Member State” substitute “ state ”; and

(b) omit paragraph 2.

(39) Omit Article 43.

(40) Omit Article 44.

(41) In Article 45—

(a) in the heading omit “between Member States”; and

(b) for “Member States shall” substitute “ A fisheries administration must ”.

(42) Omit Article 46.

(43) In Article 47—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “the flag Member State” in each place it occurs, substitute “ a fisheries administration ”, and

(iii) in point (e) for “in EU legislation or by the flag State” substitute “ by a fisheries administration ”;

(b) in paragraph 1a—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”;

(d) in paragraph 4—

(i) for “Union” in each place it occurs, substitute “ United Kingdom ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”.

(44) In Article 49—

(a) in paragraph 1—

(i) omit “EU”, and

(ii) for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2 for “European Union” in each place it occurs, substitute “ United Kingdom ”;

(d) in paragraph 4—

(i) for “Member State” substitute “ a fisheries administration ”, and

(ii) omit “EU”.

(45) In Article 51 for “Union” substitute “ United Kingdom ”.

(46) In Article 53 for “Member States shall” substitute “ A fisheries administration must ”.

(47) In Article 55—

(a) in the heading omit “Union”;

(b) for “Union” in each place it occurs, substitute “ United Kingdom ”; and

(48) Omit Chapter 4 of Title 3.

(49) In Article 58 omit paragraph 2.

(50) Omit Chapter 6 of Title 3.

(51) In Article 61—

(a) in paragraph 1 for “Council Regulation (EEC) No 2930/86” substitute “ Regulation (EU) 2017/1130 ”; and

(b) omit paragraph 4.

(52) In Article 62—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ a fisheries administration must ”,

(ii) for “those fishing vessels” substitute “ United Kingdom fishing vessels ”,

(iii) for “in their fleet” substitute “ in its fleet ”,

(iv) in point (b) omit “national or European Union”, and

(v) in point (c) for “Member States” substitute “ a fisheries administration ”; and

(b) omit paragraphs 2 to 6.

(53) Omit Chapter 8 of Title 3.

(54) In Article 67—

(a) in paragraph 5 for “Member States” substitute “ a fisheries administration ”;

(b) omit paragraph 8; and

(55) In Article 69—

(a) for “Union” in each place it occurs, substitute “ United Kingdom ”; and

(b) for “a Member State” in each place it occurs, substitute “ the United Kingdom ”.

(56) In Article 70 for “Union” in each place it occurs, substitute “ United Kingdom ”.

(57) In Article 71—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) for “European Union” substitute “ United Kingdom ”;

(b) in paragraph 2 for “Union” substitute “ United Kingdom ”; and

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “the Member State” in the first place it occurs, substitute “ a fisheries administration ”, and

(iii) for “Member State” in the second place it occurs, substitute “ country ”.

(58) In Article 72—

(a) in paragraph 1 omit “in accordance with national systems”; and

(b) for “the Member State” substitute “ a fisheries administration ”.

(59) In Article 76—

(a) in paragraphs 1 and 2 for “Member States” in each place it occurs, substitute “ a fisheries administration ”; and

(b) omit paragraphs 3 and 4.

(60) In Article 77—

(a) in paragraph 1 for “Member States” substitute “ a fisheries administration ”; and

(b) omit paragraphs 2 to 5.

(61) In Article 78 for “Union” in each place it occurs, substitute “ United Kingdom ”.

(62) In Article 79—

(a) in paragraph 1—

(i) in the first indent—

(aa) for “a Member State” substitute “ the United Kingdom ”,

(bb) for “the Member State concerned” substitute “ a fisheries administration ”,

(ii) omit the second indent, and

(iii) omit “and where this control plan or common control programme has been approved by the Commission.”;

(b) in paragraph 2 for “Each Member State concerned shall” substitute “ A fisheries administration must ”;

(d) in paragraph 5—

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

(ii) for “their vessels” substitute “ United Kingdom fishing vessels ”, and

(iii) for “European Union” in each place it occurs, substitute “ United Kingdom ”;

(e) omit paragraph 6; and

(f) in paragraph 7 for “The Commission and the Member States concerned shall” substitute “ A fisheries administration must ”.

(63) In Article 80—

(a) in the heading omit “of a Member State”;

(b) in paragraph 1—

(i) for “the Member State in which the landing is to be made,” substitute “ a fisheries administration ”,

(ii) before “port of landing” insert “ a United Kingdom ”,

(iii) omit “concerned”, and

(iv) in point (d) for “Union law” substitute “ Fisheries Rules ”;

(i) for “Union” substitute “ United Kingdom ”,

(ii) for “his flag Member State” substitute “ a fisheries administration ”,

(iii) for “The Member States shall” substitute “ A fisheries administration must ”, and

(iv) for “Member State where the landing is to be made” substitute “ country where the landing is to be made ”; and

(d) for paragraph 3 substitute—

(3) A fisheries administration may provide for a shorter notification period than laid down in paragraph 1. In such a case, the fisheries administration must put this information on its official website.

(64) In Article 81 for “Member State concerned shall” substitute “ A fisheries administration must ”.

(65) In Article 82—

(a) after “arrival in” insert “ a United Kingdom ”; and

(b) for “the Member State” substitute “ a fisheries administration ”.

(66) In Article 87 for “Member State “substitute “ country ”.

(67) Omit Articles 88 and 89.

(68) In Article 90(3) for “the currency applicable in the Member State where sale takes place” insert “ pounds sterling ”.

(69) In Article 91—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ A fisheries administration must ”, and

(ii) for “Member States and the” substitute “ a fisheries administration and its ”;

(b) omit paragraphs 2 and 3;

(d) omit paragraphs 5, 6 and 7.

(70) In Article 92—

(a) omit paragraph 2;

(b) in paragraph 3 for “kept available in the database” substitute “ retained ”;

(i) for “the flag Member State shall” substitute “ a fisheries administration must ”,

(ii) for “its fishing vessels” substitute “ United Kingdom fishing vessels ”; and

(d) in paragraph 5 for “European Union” substitute “ United Kingdom ”.

(71) In Article 93—

(a) in paragraph 1 for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2—

(i) for “Member States shall” in each place it occurs, substitute “ A fisheries administration must ”, and

(ii) for “Union” substitute “ United Kingdom ”; and

(72) In Article 94 for “Union” in each place it occurs, substitute “ United Kingdom ”.

(73) In Article 95—

(a) for “Union” in each place it occurs, substitute “ United Kingdom ”; and

(b) in paragraph 3—

(i) for “the flag Member State” substitute “ a fisheries administration ”, and

(ii) omit the words from “Their competent authorities shall make the report available” to the end.

(74) In Article 97—

(a) in paragraph 1—

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

(ii) for “Member States shall” substitute “ a fisheries administration must ”,

(b) omit paragraph 2.

(75) In Article 98—

(a) in paragraph 1 for “Member States shall” substitute “ a fisheries administration must ”;

(b) omit paragraph 2;

(i) for “each Member State shall” substitute “ a fisheries administration must ”, and

(ii) for “the rules of the Common Fisheries Policy” substitute “ Fisheries Rules ”; and

(d) omit paragraph 5.

(76) In Article 99 omit point (d).

(77) In Article 101—

(a) for the heading for “Member State, the Commission and European Fisheries Control Agency” substitute “ a fisheries administration ”;

(b) in paragraph 1 for “Member States, and, where appropriate, the Commission and the European Fisheries Control Agency shall” substitute “ a fisheries administration must ”;

(i) for “each Member State shall” substitute “ a fisheries administration must ”, and

(ii) for “national law” substitute “ applicable laws ”; and

(d) omit paragraph 3.

(78) In Article 105—

(a) in paragraph 1(b) for “rules of the Common Fisheries Policy” substitute “ Fisheries Rules ”;

(b) in paragraph 2 for “the Member States shall” substitute “ a fisheries administration must ”; and

(79) In Article 106(3) for “Member States shall” substitute “ A fisheries administration must ”.

(80) In Article 107 for “Member State shall” substitute “ fisheries administration must ”.

(81) In Article 109 for “Member States shall” substitute “ a fisheries administration must ”.

(82) In Article 111 for “Member States” substitute “ a fisheries administration ”.

(83) Omit Article 112.

(84) In Article 113—

(a) for paragraph 1 substitute—

(1) All United Kingdom operators may be subject to an inspection regarding their obligations under Fisheries Rules.

; and

(b) in paragraph 2(a) for “the rules of the Common Fisheries Policy” substitute “ Fisheries Rules ”.

(85) In Article 115 omit paragraph 5.

(86) In Article 116(2) omit “Without prejudice to national law”.

(87) In Article 117 omit the words from “and in accordance with the national law” to the end.

(88) In Article 118—

(a) in paragraph 1, for “Member States shall” substitute “ A fisheries administration must ”; and

(b) omit paragraph 2.

(89) Omit Chapter 5 of Title 6.

(90) In Article 125 for “Each Member State shall” substitute “ A fisheries administration must ”.

(91) in Article 126—

(a) in paragraph 1 omit “by the competent authority of the flag Member State”;

(b) in paragraph 4 omit the second sentence; and

(92) Omit Article 127.

(93) In Article 130—

(a) in paragraph 1—

(i) after “fishing licence” insert “ in respect of a United Kingdom fishing vessel ”, and

(ii) for “the flag Member State” substitute “ a fisheries administration ”, and

(b) in paragraph 2 for “the flag Member State” in each place it occurs, substitute “ a fisheries administration ”.

(94) In Article 131—

(a) in paragraph 1 omit the final sentence; and

(b) omit paragraphs 2 and 3.

(95) Omit Article 134.

(96) Omit Title 8.

(97) Omit Articles 143 to 146a.

(98) In Article 146c—

(a) omit paragraph 2;

(b) omit paragraph 3;

(d) omit paragraph 8.

(99) In Article 146d, in paragraph 8 omit “and the Commission”.

(100) Omit Articles 146e – 153.

(101) In Article 154—

(a) for paragraph 1 substitute—

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