Search Legislation

Regulation (EU) 2020/2227 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2020/2227 of the European Parliament and of the Council of 23 December 2020 amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Close

This is a legislation item that originated from the EU

After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.

Changes to legislation:

There are currently no known outstanding effects for the Regulation (EU) 2020/2227 of the European Parliament and of the Council, Article 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Article 1U.K.Amendments to Regulation (EU) 2017/2403

Regulation (EU) 2017/2403 is amended as follows:

(1)

in Chapter II of Title II, the following Section is added:

Section 4 U.K. Fishing operations by Union fishing vessels in United Kingdom waters

Article 18aScope

By way of derogation from Section 3, this Section shall apply to fishing operations carried out by Union fishing vessels in United Kingdom waters.

Article 18bDefinition

For the purposes of this Section, 'United Kingdom waters' means the waters under the sovereignty or jurisdiction of the United Kingdom established in accordance with international law.

Article 18cProcedure for obtaining a fishing authorisation from the United Kingdom

1.A flag Member State that has verified that the conditions set out in Article 5 are complied with shall send the Commission the corresponding application or list of applications for a fishing authorisation by the United Kingdom.

2.Each application or list of applications shall contain the information requested by the United Kingdom for the issuing of a fishing authorisation, in the required format, as communicated by the United Kingdom to the Commission.

3.The Commission shall provide the Member States with the information and format referred to in paragraph 2. The Commission may send a request to the flag Member State for any additional information necessary for verifying compliance with the conditions referred to in paragraphs 1 and 2.

4.If, upon receipt of the application or any additional information requested pursuant to paragraph 3, the Commission finds that the conditions set out in paragraph 1 and 2 are met, it shall forward the application to the United Kingdom without delay.

5.As soon as the United Kingdom informs the Commission that it has decided to issue or refuse a fishing authorisation to a Union fishing vessel, the Commission shall immediately inform the flag Member State accordingly.

6.A flag Member State may only issue a fishing authorisation for fishing operations in United Kingdom waters after having been informed that the United Kingdom has decided to issue an authorisation to the relevant Union fishing vessel.

7.Fishing operations shall not commence until both the flag Member State and the United Kingdom have issued a fishing authorisation.

8.Where the United Kingdom informs the Commission that it has decided to suspend or withdraw a fishing authorisation for a Union fishing vessel, the Commission shall immediately inform the flag Member State accordingly. That Member State shall suspend or withdraw its fishing authorisation for fishing operations in United Kingdom waters accordingly.

9.Where the United Kingdom informs the flag Member State directly that it has decided to issue, refuse, suspend or withdraw a fishing authorisation for a Union fishing vessel, the flag Member State shall immediately inform the Commission accordingly. That Member State shall suspend or withdraw its fishing authorisation for fishing operations in United Kingdom waters accordingly.

Article 18dMonitoring

The Commission shall monitor the issuing of fishing authorisations by the United Kingdom for fishing operations carried out by Union fishing vessels in United Kingdom waters.;

(2)

the following Title is inserted:

TITLE IIIaU.K. FISHING OPERATIONS BY UNITED KINGDOM FISHING VESSELS IN UNION WATERS

Article 38aScope

By way of derogation from Title III, this Title shall apply to fishing operations carried out by United Kingdom fishing vessels in Union waters.

Article 38bFishing operations by United Kingdom fishing vessels

United Kingdom fishing vessels may carry out fishing operations in Union waters, in accordance with the conditions set out in applicable Union legislation, provided that Union vessels are granted access to carry out fishing operations in the United Kingdom waters on the basis of reciprocity.

Article 38cGeneral principles

1.A United Kingdom fishing vessel shall not engage in fishing operations in Union waters unless it has been issued with a fishing authorisation by the Commission. It shall only be issued with such an authorisation if it fulfils the eligibility criteria set out in paragraph 2.

2.The Commission may issue a fishing authorisation to a United Kingdom fishing vessel if:

(a)the fishing vessel has a valid fishing licence issued by the United Kingdom competent authority;

(b)the fishing vessel is listed by the United Kingdom in a fleet register accessible to the Commission;

(c)the fishing vessel and any associated support vessel apply the relevant IMO ship identification number scheme insofar as is required under Union law;

(d)the fishing vessel is not included in an IUU vessel list adopted by an RFMO and/or by the Union pursuant to the IUU Regulation;

(e)the United Kingdom is not listed as non-cooperating pursuant to the IUU Regulation or as allowing non-sustainable fishing opportunities pursuant to Regulation (EU) No 1026/2012; and

(f)fishing opportunities are available to the United Kingdom.

3.A United Kingdom fishing vessel authorised to carry out fishing operations in Union waters shall comply with the rules governing the fishing operations of Union fishing vessels in the fishing area in which it operates.

Article 38dProcedure for obtaining fishing authorisations

1.The United Kingdom shall send to the Commission the application or list of applications for authorisations for its fishing vessels.

2.The Commission may ask the United Kingdom for additional information necessary for verifying that the conditions set out in Article 38c(2) are met.

3.When it is established that the conditions provided for in Article 38b and Article 38c(2) are met, the Commission may issue a fishing authorisation and inform the United Kingdom and the Member States concerned accordingly without delay.

Article 38eManagement of fishing authorisations

1.If any of the conditions set out in Article 38b and Article 38c(2) are no longer met, the Commission shall take appropriate action, including amending or withdrawing the authorisation, and inform the United Kingdom and the Member States concerned accordingly.

2.The Commission may refuse to issue authorisations or suspend or withdraw any authorisation issued to a United Kingdom fishing vessel in any of the following cases:

(a)where a fundamental change of circumstances has occurred, in particular concerning reciprocal access for Union fishing vessels to the United Kingdom waters;

(b)in the event of a serious threat to the sustainable exploitation, management and conservation of marine biological resources;

(c)where it is essential in order to prevent or suppress IUU fishing;

(d)where the Commission deems it appropriate on the basis of its findings resulting from its monitoring activities pursuant to Article 18d;

(e)where the United Kingdom unduly refuses, suspends or withdraws the authorisation of Union fishing vessels to carry out fishing operations in United Kingdom waters.

3.The Commission shall immediately inform the United Kingdom in the event that it refuses, suspends or withdraws the authorisation in accordance with paragraph 2.

Article 38fClosure of fishing operations

1.Where fishing opportunities granted to the United Kingdom are deemed to have been exhausted, the Commission shall immediately notify the United Kingdom and the competent inspection authorities of the Member States thereof. With a view to ensuring the continuation of fishing operations of non-exhausted fishing opportunities, which may also affect the exhausted fishing opportunities, the Commission shall request the United Kingdom to communicate to it technical measures preventing any negative impact on the exhausted fishing opportunities.

2.From the date of the notification referred to in paragraph 1, the fishing authorisations issued to fishing vessels flying the flag of the United Kingdom shall be considered to be suspended for the fishing operations concerned and the fishing vessels shall no longer be authorised to engage in those fishing operations.

3.Fishing authorisations shall be considered to be withdrawn where a suspension of fishing authorisations in accordance with paragraph 2 concerns all the fishing operations for which they have been granted.

Article 38gOverfishing of quotas in Union waters

When the Commission establishes that the United Kingdom has exceeded the quotas it has been allocated for a stock or group of stocks, the Commission shall operate deductions from other quotas allocated to the United Kingdom. The Commission shall endeavour to ensure that the amount of the deduction is consistent with deductions imposed on Member States in similar circumstances.

Article 38hControl and enforcement

1.A United Kingdom fishing vessel authorised to carry out fishing operations in Union waters shall comply with the control rules governing the fishing operations by Union fishing vessels in the fishing area in which it operates.

2.A United Kingdom fishing vessel authorised to carry out fishing operations in Union waters shall provide to the Commission or the body designated by it and, where relevant, to the coastal Member State, the data which Union fishing vessels are required to send to the flag Member State under the Control Regulation.

3.The Commission or the body designated by it shall send the data received in accordance with paragraph 2 to the coastal Member State.

4.A United Kingdom fishing vessel authorised to carry out fishing operations in Union waters shall, upon request, provide to the Commission or the body designated by it the observer reports produced under applicable observer programmes.

5.A coastal Member State shall record any infringements committed by United Kingdom fishing vessels, including the related sanctions, in the national register provided for in Article 93 of the Control Regulation..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources