Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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
Date: 2019-01-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, United Kingdom, exchange of information, fishery management, fishing area, fishing fleet, fishing industry, fishing permit, ship's flag, withdrawal from the EU

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   EUROPEAN COMMISSION  Brussels, 23.1.2019  COM(2019) 49 final 2019/0010 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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   
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  United  Kingdom  submitted  on  29  March  2017  the  notification  of  its  intention  to 
withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means 
that, if the Withdrawal Agreement is not ratified, the Union’s primary and secondary law will 
cease  to  apply  to  the  United  Kingdom  from  30  March  2019  (‘the  withdrawal  date’).  The 
United Kingdom will then become a third country. 

The Commission Communication ‘Preparing for the withdrawal of the United Kingdom from 
the European Union on 30 March 2019: a Contingency Action Plan’ of 13 November 2018 set 
out  the  contingency  measures  it  plans  if  no  withdrawal  agreement  is  in  place  on  the 
withdrawal  date.  In  that  Communication,  the  Commission  listed  the  actions  it  considered 
necessary  while  recalling  that  additional  actions  may  be  necessary  at  a  later  stage.  The 
Communication also  presented the six general  principles which contingency measures at  all 
levels should comply with. These include the principles that measures should not replicate the 
benefits of membership of the Union, nor the terms of any transition period, as provided for in 
the Withdrawal Agreement; they must be temporary in nature and should in principle not go 
beyond the end of 2019; and they must be unilateral actions of the European Union in pursuit 
of its interests, and therefore in principle the Union can revoke them at any time. 

The  European  Council  (Article  50)  reiterated  its  call,  on  13  December  2018,  for  work  on 
preparedness  at  all  levels  for  the  consequences  of  the  United  Kingdom's  withdrawal  to  be 
intensified, taking into account all possible outcomes. The Commission  presented a package 
of measures on 19 December 2018 in response to that call. On 17 and 18 December 2018 the 
Agriculture  and  Fisheries  Council  fixed  the  fisheries  opportunities  for  2019.  Based  on  this, 
and taking into account  on-going  contacts  with  Member  States on the significant  impact  on 
the fisheries sector of a disorderly withdrawal of the United Kingdom without a withdrawal 
agreement,  and  the  fact  that  stakeholders  cannot  themselves  mitigate  these  adverse 
consequences,  the  Commission  has  concluded  that  two  contingency  measures  are  necessary 
for  the  fisheries  sector.  Alongside  this  measure  on  the  sustainable  management  of  external 
fishing fleets, the Commission is proposing a measure to amend the European Maritime and 
Fisheries Fund.  

Pursuant  to  Regulation  (EU)  No 1380/20131,  (the  Common  Fisheries  Policy  Basic 
Regulation) Union fishing vessels have equal access to Union waters and resources subject to 
the  rules  of  the  Common  Fisheries  Policy.  As  from  the  withdrawal  date,  the  Common 
Fisheries  Policy  will  no  longer  apply  to  the  United  Kingdom.  The  United  Kingdom  waters 
(territorial sea and adjacent exclusive economic zone) will then no longer be part of the Union 
waters.  

In  the  absence  of  a  withdrawal  agreement,  fishing  activities  by  Member  State  vessels  in 
United Kingdom waters and by United Kingdom vessels in Union waters would no longer be 

1 
Regulation  of  the  European  Parliament  and  of  the  Council  of  11 December  2013  on 
the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003  and (EC) 
No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 
and Council Decision 2004/585/EC, OJ L 354, 28.12.2013, p. 22–61 

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governed  by  the  Common  Fisheries  Policy  Basic  Regulation  when  the  United  Kingdom 
withdraws from the Union.  

To guarantee the sustainability of fisheries and in light of the importance of fisheries for the 
economic  livelihood  of  many  communities,  it  is  important  to  keep  open  the  possibility  of 
arrangements for continued reciprocal fishing access by Union and United Kingdom vessels 
to each other’s waters, for a limited period of time, after the withdrawal date. The purpose of 
this Regulation is to create the appropriate legal framework for such reciprocal access. 

As provided in the United Nations Convention on the Law of the Sea of 10 December 1982 
(‘UNCLOS’) and in the United Nations Agreement for the Implementation of the Provisions 
of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the 
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 
of  4  August  1995  (‘UNFSA’),  the  management  of  certain  shared,  straddling  and  highly 
migratory fish stocks requires the cooperation of all the countries in whose waters the stock 
occurs  (the  coastal  States)  and  the  countries  whose  fleets  exploit  that  stock  (the  fishing 
States). This cooperation may be established in the framework of ad hoc arrangements among 
the countries having an interest in the fishery. 

The fishing opportunities for the  year 2019 have been agreed, also by the United Kingdom, 
during the United Kingdom’s membership of the Union. These arrangements and the fishing 
opportunities set out therein provide the basis for stability of fishing activities and have been 
established  in  full  respect  of  the  requirements  set  out  in  Articles  61  and  62  of  UNCLOS. 
These  arrangements  aim  to  ensure  sustainable  exploitation  of  marine  living  resources  and 
stability within Union waters and United Kingdom waters.  

Regulation  (EU)  2017/24032  (SMEFF  Regulation)  sets  out  the  rules  for  fishing  operations 
carried out by Union fishing vessels in waters of a third country and for third country vessels 
in Union waters.  

For fishing operations  carried out  by Union fishing vessels in  waters of a third country, the 
SMEFF provides that a flag Member State may grant direct authorisations to the operator and 
establishes  the  conditions  and  procedures  for  the  granting  of  such  authorisations.  Given  the 
number  of  Union  fishing  vessels  that  carry  out  fishing  activities  in  waters  of  the  United 
Kingdom, these conditions and procedures could lead to considerable delays and an increased 
administrative burden in case the United Kingdom authorises EU vessels to fish in the waters 
of  the  United  Kingdom.  It  is  necessary  to  establish  specific  conditions  and  procedures  to 
facilitate the authorisation of Union fishing vessels by the United Kingdom for the operation 
of  fishing  activities  in  United  Kingdom  waters.  These  conditions  and  procedures  should  be 
equivalent  to  the  authorisation  requirements  that  the  SMEFF  lays  down  for  third  country 
vessels carrying out fishing activities in Union waters.  

The CFP Basic Regulation empowers the Member States to exchange all or part of the fishing 
opportunities  allocated  to  them.  Approximately  1000  quota  exchanges  take  place  annually 
between the United Kingdom and Member States. Without prejudice to the exclusive Union 
competence,  a  flexible  system  is  needed  after  the  withdrawal  date,  which  allows  the  EU  to 
exchange  quotas  with  the  United  Kingdom.  Therefore,  Member  States  should  be  able  to 
discuss  with  the  United  Kingdom  and,  as  appropriate,  establish  a  possible  outline  of  an 

2  Regulation  (EU)  2017/2403  of  the  European  Parliament  and  of  the  Council  of  12  December  2017  on  the 
sustainable  management  of  external  fishing  fleets,  and  repealing  Council  Regulation  (EC)  No 
1006/2008 (OJ L 347, 28.12.2017, p. 81). 

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intended quota transfer or exchange. Fishing opportunities received from or transferred to the 
United Kingdom under the quota transfer or exchange shall be deemed to be quotas allocated 
to, or deducted from, the allocation of the Member State concerned. Such allocation shall not 
change the existing distribution key for the purpose of allocating fishing opportunities among 
Member States in accordance with the principle of relative stability of fishing activities.  

The specific rules provided for in this proposal should apply from the day following that on 
which  Union  law  ceases  to  apply  to  the  United  Kingdom  pursuant  to  Article  50(3)  of  the 
Treaty  on  European  Union.  The  granting  of  authorisations  is  subject  to  the  principle  of 
"reciprocity", i.e. on condition that the United Kingdom extends the current access rights for 
EU  vessels  to  conduct  fishing  activities  in  United  Kingdom  waters.  Consequently, 
authorisations  will  only  be  granted  if  and  to  the  extent  that  the  United  Kingdom  provides 
authorisations  for  Union  vessels  to  make  use  of  fishing  opportunities  allocated  to  them  in 
accordance with the fishing opportunity Regulations. 

• 

N/A 

• 

N/A 

2. 

• 

Consistency with existing policy provisions in the policy area 

Consistency with other Union policies 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis is Article 43(2) of the Treaty on the Functioning of the European Union. 

• 

Subsidiarity  

The CFP and its control is an area of exclusive EU competence pursuant to Article 3(d) of the 
Treaty and therefore the subsidiarity principle does not apply.  

The  proposed  act  would  amend  Union  Regulation  (EU)  No  2017/2403,  so  as  to  provide  a 
legal basis in Union law providing for the possibility for United Kingdom vessels to carry out 
fishing  activities  in  Union  waters  and  for  introducing  simplified  and  more  efficient 
authorisation  procedures  for  vessels  wishing  to  fish  in  United  Kingdom  waters.  Action  is 
therefore indispensable at Union level and the result could not be achieved through action at 
Member State level due to the exclusive competence of the Union. 

• 

Proportionality 

The  proposal  complies  with  the  proportionality  principle.  The  proposed  Regulation  is 
considered proportionate as it is aims to ensure that the status quo in terms of access by Union 
fishing  vessels  in  United  Kingdom  waters  can  be  ensured  by  laying  down  reciprocal 
authorisation  conditions.  In  doing  so  major  disruptions  and  delays  in  the  authorisation 
procedures  will  be  avoided.    The  proposed  Regulation  also  continues  the  practice  of 
exchanging  quotas  with  the  United  Kindom  as  was  the  case  during  the  United  Kingdom's 
membership of the Union.  

• 

Choice of the instrument 

This act is an amendment of a Regulation.  

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

This  is  not  applicable  due  to  the  exceptional,  temporary  and  one-off  nature  of  the  event 
necessitating this proposal which does not relate to the objectives of existing legislation.  

• 

Stakeholder consultations 

The challenges arising from  the United Kingdom's withdrawal  from  the Union  and possible 
solutions  have  been  raised  by  various  fisheries  stakeholders  and  Member  States 
representatives.  All  operators,  stakeholders  and  concerned  Member  States  have  emphasised 
the need to secure reciprocal sustainable fishing activities.  

Collection and use of expertise 

• 

N/A 

• 

Impact assessment 

An impact assessment is not needed, due to the exceptional nature of the situation and limited 
needs of the period during which the change of status of the United Kingdom is implemented. 
No materially  and legally  different  policy options are available other than the one proposed

• 

N/A 

• 

Regulatory fitness and simplification 

Fundamental rights 

This proposal has no consequence for the protection of fundamental rights. 

4. 

BUDGETARY IMPLICATIONS 

There are no budgetary implications arising from the proposal. 

OTHER ELEMENTS 

5. 

N/A 

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2019/0010 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee3,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

On 29 March 2017, the United Kingdom submitted the notification of its intention to 
withdraw from the Union pursuant to Article 50 of the Treaty on European Union. The 
Treaties will cease to apply to the United Kingdom from the date of entry into force of 
a withdrawal  agreement  or failing that, two  years after that notification, i.e. from  30 
March  2019,  unless  the  European  Council,  in  agreement  with  the  United  Kingdom, 
unanimously decides to extend that period.  

The withdrawal agreement contains arrangements for the application of provisions of 
Union law to and in the United Kingdom beyond the date the Treaties cease to apply 
to  and  in  the  United  Kingdom.  If  that  agreement  enters  into  force,  the  Common 
Fisheries Policy (CFP) will apply to and in the United Kingdom during the transition 
period  in  accordance  with  that  agreement  and  will  cease  to  apply  at  the  end  of  that 
period.  

(3)  When  the  CFP  ceases  to  apply  to  the  United  Kingdom,  the  United  Kingdom  waters 
(territorial  sea  and  adjacent  exclusive  economic  zone)  will  no  longer  be  part  of  the 
Union  waters.  Consequently,  in  case  of  a  disorderly  withdrawal,  Union  and  United 
Kingdom  vessels  risk  not  having  the  possibility  to  utilise  fully  the  fishing 
opportunities as established for 2019.  

(4) 

To guarantee the sustainability of fisheries, and in light of the importance of fisheries 
for  the  economic  livelihood  of  many  communities  in  the  Union  and  the  United 
Kingdom, the possibility of arrangements for continued full reciprocal fishing access 
by Union and United Kingdom vessels to each other’s waters after the CFP ceases to 
apply to the United Kingdom as a Member State should be maintained, for a limited 

3 

OJ C , , p. . 

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(5) 

(6) 

(7) 

(8) 

(9) 

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period  of  time.  The  purpose  of  this  Regulation  is  to  create  the  appropriate  legal 
framework for such reciprocal access. 

The  territorial  scope  of  this  Regulation  and  any  reference  to  the  United  Kingdom 
therein does not include Gibraltar. 
The  fishing  opportunities  for  2019  have  been  agreed4,5  including  by  the  United 
Kingdom,  during  the  United  Kingdom’s  membership  of  the  Union.  These  fishing 
opportunities  have  been  established  in  full  respect  of  the  requirements  set  out  in 
Article 61 and 62 of the United Nations Convention on the Law of the Sea. To ensure 
sustainable  exploitation  of  marine  living  resources  and  stability  within  Union  waters 
and United Kingdom waters, the agreed quota allocations and shares for the Member 
States and the United Kingdom should remain available in line with Article 2 and 3 of 
Regulation (EU) No 1380/2013 of the European Parliament and of the Council6.  

In  light  of  the  long-standing  fishing  patterns  of  United  Kingdom  vessels  in  Union 
waters and vice versa, the Union should provide for a mechanism for United Kingdom 
vessels to access Union waters by means of authorisations, in order to be able to fish 
their  allocated  quota  shares  established  under  Regulations  (EU)  [2019/…]  and  (EU) 
2018/2025 under the same conditions that apply to Union vessels, for a limited period 
of time. Such fishing authorisations should only be granted if and to the extent that the 
United Kingdom continues to provide authorisations for Union vessels to continue to 
make  use  of  fishing  opportunities  allocated  to  them  in  accordance  with  the  relevant 
fishing opportunity Regulations. 
Regulation  (EU) 2017/2403  of the European Parliament and of the Council7 sets  out 
the rules  for issuing  and managing fishing  authorisations  for vessels  in  waters  under 
the sovereignty or jurisdiction of a third country and for third country fishing vessels 
conducting fishing operations in Union waters. 

Regulation  (EU)  2017/2013  lays  down  rules  for  fishing  operations  carried  out  by 
Union  fishing  vessels  in  waters  of  a  third  country  outside  the  framework  of  an 
agreement, and provides that a flag Member State may grant direct authorisations and 
establishes  the  conditions  and  procedures  for  the  granting  of  such  authorisations.  
Given the number of Union fishing vessels that carry out fishing activities in waters of 
the  United  Kingdom,  these  conditions  and  procedures  would  lead  to  considerable 
delays  and  an  increased  administrative  burden  in  the  absence  of  a  withdrawal 
agreement  or  a  fisheries  agreement.  It  is  therefore  necessary  to  provide  for  specific 
conditions  and  procedures  to  facilitate  the  issuing  of  authorisations  to  Union  fishing 
vessels  by  the  United  Kingdom  for  the  operation  of  fishing  activities  in  United 
Kingdom waters.  

Council Regulation (EU) [2019/….]  fixing for 2019 the fishing opportunities for certain fish stocks and 
groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters 
(OJ L , …, p. ) 
Council  Regulation  (EU)  2018/2025  of  17  December  2018  fixing  for  2019  and  2020  the  fishing 
opportunities for Union fishing vessels for certain deep-sea fish stocks  (OJ L 325, 20.12.2018, p. 7) 
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No  1954/2003  and  (EC)  No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22). 
Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the 
sustainable  management  of  external  fishing  fleets,  and  repealing  Council  Regulation  (EC)  No 
1006/2008 (OJ L 347, 28.12.2017, p. 81). 

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(10) 

It is necessary to derogate from the rules that apply to third country fishing vessels and 
provide  for  specific  conditions  and  procedures  allowing  for  the  issuing  of 
authorisations  to  United  Kingdom  fishing  vessels  by  the  Union  for  the  operation  of 
fishing activities in Union waters. 

(11)  Regulation (EU) No 1380/2013 empowers the Member States to exchange all or part 
of  the  fishing  opportunities  allocated  to  them.  Approximately  1000  quota  exchanges 
take  place  annually  between  the  Member  States  and  the  United  Kingdom.  Without 
prejudice  to  the  exclusive  Union  competence,  a  flexible  system  is  needed  after  the 
Treaties  cease  to  apply  to  the  United  Kingdom,  which  would  allow  the  Union  to 
exchange quotas with the United Kingdom. Therefore, Member States should be able 
to discuss with the United Kingdom and, as appropriate, establish a possible outline of 
an  intended  quota  transfer  or exchange.  The  Commission  remains  responsible  for 
carrying out  such quota  transfer or exchange. Fishing opportunities  received from  or 
transferred  to  the  United  Kingdom  under  the  quota  transfer  or  exchange  should  be 
deemed to be quotas allocated to, or deducted from, the allocation of the Member State 
concerned. 

(12)  Regulation (EU) 2017/2403 should therefore be amended accordingly. 

(13) 

In  accordance  with  Article  4(3)  of  Regulation  (EEC,  Euratom)  No  1182/71  of  the 
Council8, the cessation of application of acts fixed at a given date occurs on the expiry 
of the last hour of the day falling on that date. This Regulation should therefore apply 
from the day following that on which the Treaties cease to apply to and in the United 
Kingdom. 

(14)  This Regulation should enter into force as a matter of urgency and should apply from 
the  day  following  that  on  which  the  Treaties  cease  to  apply  to  and  in  the  United 
Kingdom  in  the  absence  of  a  withdrawal  agreement  concluded  with  the  United 
Kingdom  or  an  extension  of  the  two-year  period  referred  to  in  Article  50(3)  of  the 
Treaty on European Union. It should apply until 31 December 2019. 

(15) 

In  order  to  enable  both  Union  and  United  Kingdom  operators  to  continue  to  fish  in 
accordance  with  the  relevant  fishing  opportunities  allocated  to  them,  fishing 
authorisations  for  activities  in  Union  waters  should  only  be  granted  to  United 
Kingdom  vessels  if  and  in  so  far  as  the  Commission  satisfies  itself  that  the  United 
Kingdom  extends  access  rights  of  Union  vessels  to  conduct  fishing  operations  in 
United Kingdom waters on the basis of reciprocity, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Amendments to Regulation (EU) 2017/2403 

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

(1) in Chapter II of Title II, the following Section 4 is added: 

8 

Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable 
to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1). 

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Authorisations for Union fishing vessels in United Kingdom waters 

"Section 4 

Article 18a 

Scope 

This  Section  shall  apply  until  31  December  2019,  by  way  of  derogation  from  Section  3,  to 
fishing operations carried out by Union fishing vessels in United Kingdom waters. 

Article 18b 

Definition 

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 18c 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

Procedure for obtaining a fishing authorisation from the United Kingdom. 

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 the authorisation by the United Kingdom.  

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

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.  

Upon receipt of the application or any additional information requested pursuant to 
paragraph  3,  the  Commission  shall  forward  the  application  to  the  United  Kingdom 
without delay. 

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

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 vessel.  

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

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.  The  Member  State  shall 

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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.  The  Member  State  shall  suspend  or  withdraw  its  fishing  authorisation 
for fishing operations in United Kingdom waters accordingly. 

Article 18d 
Monitoring 

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 IIIa is inserted: 

"TITLE IIIa 

"FISHING OPERATIONS BY UNITED KINGDOM FISHING VESSELS IN UNION 
WATERS 

Article 38a 

Scope 

This Title shall apply until 31 December 2019, by way of derogation from Title III, to fishing 
operations carried out by United Kingdom fishing vessels in Union waters. 

Article 38b 

Fishing operations by United Kingdom vessels 

United  Kingdom  fishing  vessels  may  carry  out  fishing  operations  in  Union  waters,  in 
accordance  with  the  conditions  set  out  in  Council  Regulations  (EU)  [2019/….]*  and  (EU) 
2018/2025** establishing the fishing opportunities.  

*  Council  Regulation  (EU)  [2019/….]    fixing  for  2019  the  fishing  opportunities  for  certain 
fish  stocks  and  groups  of  fish  stocks,  applicable  in  Union  waters  and,  for  Union  vessels,  in 
certain non-Union waters (OJ L , …, p. ). 

** Council Regulation (EU) 2018/2025 of 17 December 2018 fixing for 2019 and 2020 the 
fishing  opportunities  for  Union  fishing  vessels  for  certain  deep-sea  fish  stocks    (OJ  L  325, 
20.12.2018, p. 7). 

Article 38c 

General 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 

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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 United Kingdom vessels if: 

(a) 

(b) 

(c) 

(d) 

(e) 

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

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

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

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; 

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; 

(f) 

fishing opportunities are available to the United Kingdom.   

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

Article 38d 

Procedure for obtaining fishing authorisations 

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

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

When it is established that the conditions provided for in 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 38e 

Management of fishing authorisations 

take 

If any of the conditions set out in Article 38c(2) is no longer met, the Commission 
shall 
the 
authorisation,  and  inform  the  United  Kingdom  and  the  Member  States  concerned 
accordingly. 

including  amending  or  withdrawing 

the  appropriate  action, 

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; 

3. 

1. 

2. 

3. 

1. 

2. 

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(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  or  revokes  the  authorisation  of 

Union vessels to United Kingdom waters. 

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

Article 38f 

Closure of fishing operations 

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 
fishing 
opportunities  which  may  also  affect  the  exhausted  opportunities,  the  Commission 
shall  request  the  United  Kingdom  to  communicate  to  it  technical  measures 
preventing any negative impact on the exhausted fishing opportunities. 

fishing  operations  of  non-exhausted 

the  continuation  of 

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

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

3. 

1. 

2. 

3. 

Article 38g 

Overfishing 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 38h 

Control and enforcement 

1. 

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

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11 

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2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

A  United  Kingdom  vessel  authorised  to  fish  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  vessels  are  required  to  send  to  the  flag  Member  State 
under the Control Regulation. 

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

A  United  Kingdom  vessel  authorised  to  fish  in  Union  waters  shall  provide  upon 
request to the Commission or the body designated by it the observer reports produced 
under applicable observer programmes. 

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. 

Article 38i 

Quota transfers and exchanges 

A Member State may engage in informal discussions with the United Kingdom and, 
as appropriate, establish a possible outline of an intended quota transfer or exchange.  

Upon  notification  to  the  Commission  by  the  Member State  concerned,  the 
Commission may carry out the corresponding quota transfer or exchange.  

The  Commission  shall  inform  the  Member States  of  the  agreed  quota  transfer  or 
exchange.  

The fishing opportunities received from or transferred to the United Kingdom under 
the  quota  transfer  or  exchange  shall  be  deemed  to  be  quotas  allocated  to  the 
Member State  concerned,  or  deducted  from  such  quotas,  as  of  the  moment  that  the 
quota transfer or exchange takes effect. Such allocation or deduction shall not change 
the  existing  distribution  key  for  the  purpose  of  allocating  fishing  opportunities 
among Member States in accordance with the principle of relative stability of fishing 
activities.” 

Article 2 

Entry into force and application 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

It shall apply from the day following that on which the Treaties cease to apply to and in the 
United  Kingdom  pursuant  to  Article  50(3)  of  the  Treaty  on  European  Union,  until  31 
December 2019. 

However,  this  Regulation  shall  not  apply  if  a  withdrawal  agreement  concluded  with  the 
United  Kingdom  in  accordance  with  Article  50(2)  of  the  Treaty  on  European  Union  has 
entered into force by the date referred to in the second paragraph of this Article. 

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This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

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