Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters
Date: 2019-09-04
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, United Kingdom, fishery management, fishing area, fishing industry, fishing permit, fishing rights, fishing vessel, ship's flag, withdrawal from the EU

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   EUROPEAN COMMISSION  Brussels, 4.9.2019  COM(2019) 398 final 2019/0187 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives 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 (TEU). On 
11 April 2019, following a request by the United Kingdom, the European Council (Article 50) 
agreed1 to extend further2 the period provided for in Article 50(3) TEU until 31 October 2019. 
Unless  the  United  Kingdom  ratifies  the  Withdrawal  Agreement3  by  31  October  2019  or 
requests a third extension, to which the European Council (Article 50) agrees by unanimity, 
the period under Article 50(3) TEU will end then. The United Kingdom will then be a third 
country as of 1 November 2019 without an agreement to ensure an orderly withdrawal. The 
Commission  continues  to  consider  that  an  orderly  withdrawal  of  the  United  Kingdom  from 
the Union on the basis of the Withdrawal Agreement is the best outcome. 

In the Commission Communication of 12 June 2019 on the ‘State of play of preparations of 
contingency measures for the withdrawal of the United Kingdom from the European Union’4, 
the Commission concluded that all EU-level preparedness and contingency measures are still 
fit for purpose. However, it is evident that the extension of the Article 50(3) TEU period until 
31  October  2019  impacts  certain  already  adopted  contingency  measures.  This  in  particular 
affects contingency measures, such as Regulation (EU) 2019/498, with a fixed date on which 
they cease to be applicable. In the Communication, the Commission committed to considering 
whether  these  acts  need  technical  adjustments  to  take  into  account  the  new  timeline  of  the 
withdrawal of the United Kingdom from the European Union. 
Regulation  (EU)  2019/498,5  amending  Regulation  (EU)  2017/2403,6  was  adopted  in  March 
2019  with  a  date  of  application  until  31  December  2019.  It  provides  a  simplified  legal 
framework  to  allow  the  Union  to  grant  authorisations  to  United  Kingdom  vessels  to  enter 
Union waters and to manage authorisation requests for EU vessels entering United Kingdom 
waters, should reciprocal access rights to waters be confirmed and in line with the applicable 
rules on fishing opportunities.  

Such  a  temporary  framework  remains  necessary  for  2020  in  the  absence  of  a  fisheries 
agreement between the Union and the United Kingdom in its new status of third country, and 
taking  into  account  that  the  United  Kingdom  will  not  be  part  of  Union  decision  making 
beyond  the  Commission  Proposal  on  fishing  opportunities  (scheduled  for  October  2019) 
unless a new extension  of the Article 50(3) period is requested by the United Kingdom  and 
agreed  by  the  European  Council  (Article  50).  It  is  also  recalled  that  mutual  access  rights 

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6 

European Council Decision (EU) 2019/584, OJ L 101, 11.4.2019, p. 1. 
Following  a  request  by  the  United  Kingdom,  the  European  Council  decided  a  first  extension  on 
22 March 2019 (European Council Decision (EU) 2019/476, OJ L 80I, 22.3.2019, p. 1). 
Agreement on the  withdrawal of the United Kingdom of Great Britain and Northern Ireland from the 
European Union and the European Atomic Energy Community (OJ, C 144I, 25.4.2019, p. 1). 
COM(2019)276 final, 12.6.2019. 
Regulation (EU) 2019/498 of the European Parliament and of the Council of 25 March 2019 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 (OJ L 85 I,  
27.3.2019, p.25). 
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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require that fishing activities are sustainable in accordance with the objectives of the common 
fisheries  policy  (CFP).  For  2019,  and  for  deep-sea  fish  stocks  also  for  2020,  the  fishing 
opportunities  have  been  set  in  2018  while  the  United  Kingdom  was  still  a  member  of  the 
European  Union7.  These  arrangements  and  the  fishing  opportunities  set  out  therein  provide 
the  basis  for  sustainable  fishing  operations,  as  established  in  Regulation  (EU)  2019/498  via 
the amendment to Article 38b  of Regulation (EU) 2019/498.  
The United Kingdom and the Union are obliged under international8 and Union law to ensure 
through proper conservation and management measures that the marine biological  resources 
are maintained at levels where they are not endangered by over-exploitation. 

The Council will establish the Union’s fishing opportunities on the basis of the Commission 
proposal  in  accordance  with  Regulation  (EU)  No  1380/2013  as  well  as  the  criteria  and 
parameters set out in applicable management plans in force. 
In accordance with  Article 33(1) of Regulation  (EU) No 1380/2013,9  which establishes that 
where  no  formal  agreement  is  reached  with  a  third  country,  the  Union  should  make  every 
effort  to  reach  common  arrangements  for  fishing  of  such  stocks  with  a  view  to  making  the 
sustainable management possible. 

Therefore, there are two possibilities for establishing that the combined fishing activities by 
the  EU  and  the  United  Kingdom  are  sustainable  for  2020.  First,  the  Regulation  on  fishing 
opportunities  for  2020  could  reflect  possible  common  arrangements  between  the  United 
Kingdom  and  the  Union  on  fishing  opportunities  for  the  relevant  stocks  as  an  outcome  of 
consultations  and  provided  that  the  management  measures  applied  by  the  United  Kingdom 
and the Union guarantee the sustainable management of stocks.  

Second, should it prove impossible for the United Kingdom and the Union to conclude such 
common  arrangements  (e.g.  through  an  agreed  record)  in  time  to  be  incorporated  into  the 
fishing  opportunities  Regulation  for  2020,  because  of  the  short  timespan  between  the 
withdrawal of the United Kingdom from the Union on 1 November 2019 and the December 
Council of Fisheries Ministers, the Council will set the annual fishing opportunities for 2020 
for  the  Union.  Once  the  UK  has  set  its  fishing  opportunties  for  2020,  it  will  be  possible  to 
assess whether the combined fishing opportunities comply with the conditions for sustainable 
management of the relevant stocks. 

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In  particular,  Council  Regulation  (EU)  2019/124  of  30  January  2019  fixing  for  2019  the  fishing 
opportunities  for  certain  fish  stocks  and  groups  of  fish  stocks,  applicable  in  Union  waters  and,  for 
Union fishing vessels, in certain non-Union waters (OJ L 29, 31.1.2019, p. 1) and 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).  See  also  Council 
Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to 
certain  Community  fishing  areas  and  resources  and  modifying  Regulation  (EC)  No  2847/93  and 
repealing Regulations (EC) No 685/95 and (EC) No 2027/95, (OJ L 289, 7.11.2003, p. 1). 
Notably the United Nations Convention on the Law of the Sea and 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,  which  set out obligations on cooperation between parties on conservation and 
management measures designed to maintain or restore marine resources at levels which can produce the 
maximum sustainable yield.  
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). 

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The  absence  of  a  common  arrangement  does  not  therefore  as  such  prevent  the  United 
Kingdom and the Union from granting access to each other’s waters. In that case, both would 
be able to issue fishing authorisations to vessels of the other party provided the conditions for 
sustainable  management  of  fishing  opportunities  are  met  by  the  United  Kingdom  and  the 
Union. 

For  fish  stocks  regulated  under  the  common  fisheries  policy,  the  objective  of  sustainable 
management in accordance with maximum sustainable yields is reflected in Article 2(2) of the 
CFP (Regulation  (EU)  No 1380/2013,  and in  the corresponding Regulations on  multiannual 
plans  for  the  North  Sea  and  for  the  Western  Waters  (Regulation  (EU)  2018/97310  and 
Regulation (EU) 2019/47211, respectively).  

The  assessment  of  the  sustainability  condition  for  issuing  fishing  authorisations  for  the  UK 
vessels under Regulation (EU) 2017/2403 as amended will be conducted in accordance with 
the  provisions  of  title  IIIa,  in  particular  Articles  38b  and  38c.  It  will  be based  either  on  the 
fishing opportunities agreed under a common arrangement between the European Union and 
the United Kingdom, and subsequently reflected in the Council Regulations setting the fishing 
opportunities for 2020, or, absent such common arrangement, on the  fishing oportunities set 
by  the  European  Union  in  the  Council  Fishing  Opportunities  Regulations  and  taking  into 
account the fishing opportunities set by the United Kingdom.  

For  non  quota-regulated  stocks,  assessment  of  the  sustainability  will  be  based  on  the  best 
available scientific advice for those stocks in the light of binding Union law. 

In order to ensure the continued fulfilment of sustainability conditions, the United Kingdom 
and the Union should exchange, where relevant, the necessary information related to the use 
and exhaustion of fishing opportunities in their respective waters. 

Should  the  sustainable  management  of  the  relevant  stocks  be  established,  given  the 
importance  of  fisheries  for  the  economic  livelihood  of  many  coastal  communities,  it  is 
important for the United Kingdom and the Union to maintain the possibility for arrangements 
for continued fishing access by the vessels to their respective waters in 2020.  

Therefore,  the  application  of  all  measures  concerning  fishing  operations  provided  for  in  the 
contingency measures as described in Regulation (EU) 2019/498 should be extended to cover 
the year 2020 and Regulation (EU) 2017/2403 should be amended accordingly. 

• 

Consistency with existing policy provisions in the policy area 

This proposal is a limited amendment of Regulation (EU) 2017/2403, extending the period of 
application  of  the  contingency  measures  set  out  in  Regulation  (EU)  2019/498  to  cover  the 
year 2020. The substantial provisions of the amended Regulation will continue to apply. This 
proposal is thus fully consistent with the existing legislation. 

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Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a 
multiannual  plan  for  demersal  stocks  in  the  North  Sea  and  the  fisheries  exploiting  those  stocks, 
specifying  details  of  the  implementation  of  the  landing  obligation  in  the  North  Sea  and  repealing 
Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179 I, 16.7.2018, p.1). 
Regulation  (EU)  2019/472  of  the  European  Parliament  and  of  the  Council  of  19  March  2019 
establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for the 
fisheries  exploiting  those  stocks,  amending  Regulations  (EU)  2016/1139  and  (EU)  2018/973,  and 
repealing  Council  Regulations  (EC)  No  811/2004,  (EC)  No  2166/2005,  (EC)  No  388/2006,  (EC)  No 
509/2007 and (EC) No 1300/2008 (OJ L 83 I, 25.3.2019, p.1). 

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• 

Consistency with other Union policies 

This  proposal  is  part  of  the  Union  preparedness  and  contingency  plan  to  mitigate  the  most 
significant  disruptions  of  a  withdrawal  of  the  United  Kingdom  from  the  Union  without  a 
withdrawal agreement. 

2. 

• 

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 (for non-exclusive competence)  

The common fisheries policy 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) 2017/2403 for the year 2020, so as to 
provide a legal basis in Union law 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 EU 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 aims to ensure that the status quo in terms of access by Union 
fishing  vessels  in  United  Kingdom  waters  can  be  facilitated  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.  

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  withdrawal  of  the  United  Kingdom  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 sustainable fishing activities.  

Collection and use of expertise 

• 

N/A 

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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.  

• 

Regulatory fitness and simplification 

N/A 

• 

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 

Implementation plans and monitoring, evaluation and reporting arrangements 

5. 

• 

N/A 

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2019/0187 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union 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 Committee12,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

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 
(TEU). The Treaties 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, unless 
the European Council, in agreement with  the  United Kingdom,  unanimously decides 
to extend that period. 

On 11 April 2019, following a request by the United Kingdom, the European Council 
agreed13  to  extend  further14  the  period  provided  for  in  Article  50(3)  TEU  until  
31 October 2019. Unless the United Kingdom ratifies the Withdrawal Agreement15 by 
31 October 2019 or requests a third extension, to which the European Council agrees 
by unanimity, the United Kingdom will leave the Union without an agreement and will 
become a third country as of 1 November 2019. 

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. 

12  OJ C , , p. . 
13  European Council Decision (EU) 2019/584 taken in agreement with the United Kingdom of 11 April 2019 

extending the period under Article 50(3) TEU (OJ L 101, 11.4.2019, p. 1).  

14  Following  a  request  by  the  United  Kingdom,  the  European  Council  decided  a  first  extension  on 
22 March 2019 (European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 
22 March 2019 extending the period under Article 50(3) TEU, OJ L 80, 22.3.2019, p. 1). 

15  Agreement  on  the  withdrawal  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  from  the 

European Union and the European Atomic Energy Community (OJ, CI 144, 25.4.2019, p. 1). 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

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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 parties are obliged to 
ensure through proper conservation and management measures that the living marine 
resources are maintained at levels where they are not endangered by over-exploitation. 

Consequently, it is necessary to ensure that the combined catch opportunities available 
to the Union and the United Kingdom ensure a sustainable management of the relevant 
stocks.   
Regulation (EU) 2017/2403 of the European Parliament and of the Council16 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) 2019/498 of the European Parliament and of the Council17 amended 
Regulation (EU) 2017/1403 as regards fishing authorisations for Union fishing vessels 
in United Kingdom waters and fishing operation of United Kingdom vessels in Union 
waters. This allowed for the possibility to continue fishing access by Union and United 
Kingdom vessels to each other’s waters. Also a flexible system was introduced which 
would allow the Union to exchange quotas with the United Kingdom after the Treaties 
cease to  apply to  the United Kingdom.  The period of application of these provisions 
needs  to  be  extended  to  enable  the  issuance  of  fishing  authorisations  in  each  other’s 
waters  in  absence of a  fisheries agreement  concluded with  the United Kingdom  as a 
third country, provided that the management of the relevant stocks remains sustainable 
and  in  accordance  with  the  conditions  set  out  in the common fisheries policy  and in 
the Council Regulations establishing fishing opportunities. 

The  fishing  opportunities  for  2019,  and  for  deep-sea  fish  stocks  for  2019  and  2020, 
have been set in 201818 while the United Kingdom was still a member of the European 
Union.  These  arrangements  and  the  fishing  opportunities  set  out  therein  provide  the 
basis for sustainability of those fishing activities. For all other fishing opportunities for 
2020 it is essential to ensure the sustainability of the fishing opportunities.  

Should the Withdrawal Agreement not be ratified by 31 October 2019, and should the 
United  Kingdom  withdraw  from  the  Union  on  1  November  2019,  it  may  not  be 
feasible for the United Kingdom and the Union to conclude a common arrangement on 
the  fishing  opportunities  for  relevant  stocks  concerned  for  2020  in  time  for  the 
meeting of the Council of Fisheries Ministers in December 2019 which is scheduled to 
set  the  fishing  opportunities  for  the  following  year.  The  absence  of  a  common 

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). 

Regulation (EU) 2019/498 of the European Parliament and of the Council of 25 March 2019 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 (OJ L 85 I,  
27.3.2019, p.25). 
Council  Regulation  (EU)  2019/124  of  30  January  2019  fixing  for  2019  the  fishing  opportunities  for 
certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, 
in  certain  non-Union  waters  (OJ L 29,  31.1.2019,  p. 1).  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). 

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arrangement  however  does  not  as  such  prevent  the  United  Kingdom  and  the  Union 
from granting access to each other’s waters. In that case, they would be able to issue 
fishing  authorisations  to  each  other's  vessels  provided  they  both  meet  the  conditions 
for sustainable management of the relevant stocks. 

(10)  Therefore,  in  light  of  the  provisions  and  conditions  set  out  in  Regulation  (EU)  
2017/2403, and as a prerequisite for the issuance of fishing authorisations, the Union 
will  need  to  assess  whether  the  combined  effect  of  fishing  operations  established  in 
management measures put in place by the United Kingdom and the Union for 2020 is 
in line with the sustainable management of the stocks concerned. 

(11)  The  consistency  of  the  combined  fishing  opportunities  of  the  Union  and  the  United 
Kingdom with the sustainable management of the stocks is to be assessed in light of 
the best available scientific advice for the stocks concerned, the relevant provisions of 
Regulation  (EU)  No  1380/2013  as  well  as  the  criteria  and  parameters  set  out  in 
applicable management plans in force and the relevant Council Regulations setting the 
fishing opportunities for 2020. 

(12) 

In case that consistency can be ensured, it is important to maintain the possibility for 
arrangements  for  continued  reciprocal  fishing  access  by  Union  and  United  Kingdom 
vessels  to  each  other’s  waters  in  2020,  given  the  importance  of  fisheries  for  the 
economic livelihood of many coastal communities.  

(13)  Therefore, the application of all measures concerning fishing operations provided for 
in the contingency measures as adopted under Regulation (EU)  2019/49819 should be 
extended to cover the year 2020 and Regulation (EU)  2017/2403 should be amended 
accordingly. 

(14)  The  territorial  scope  of  this  Regulation  and  any  reference  to  the  United  Kingdom 

therein does not include Gibraltar. 

(15)  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  the  United  Kingdom, 
unless a withdrawal  agreement concluded with  the United Kingdom  has entered into 
force by that date. It should apply until 31 December 2020. 

(16) 

In  order  to  enable  both  Union  and  United  Kingdom  operators  to  continue  to  fish  in 
accordance  with  their  relevant  fishing  opportunities,  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, 

19 

Regulation (EU) 2019/498 of the European Parliament and of the Council of 25 March 2019 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 (OJ L 85 I,  
27.3.2019, p. 25). 

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HAVE ADOPTED THIS REGULATION: 

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

Article 1 

(1) 

(2) 

(3) 

In Article 18a "31 December 2019" is replaced by "31 December 2020"; 

In Article 38a "31 December 2019" is replaced by "31 December 2020"; 

Article 38b is replaced by the following: 

"Article 38b 

Fishing 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  the  Council  Regulations 
establishing fishing opportunities for 2019 and 2020, provided that the fishing 
opportunities set by both the Union and the United Kingdom combined are in 
line with the sustainable management of the relevant stocks in accordance with 
Regulation (EU) No 1380/2013."; 

(4) 

In Article 38c(2), point (f) is replaced by the following: 

"(f)   Where  applicable,  fishing  opportunities  are  available  to  the  United  Kingdom 

pursuant to Article 38b.". 

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

Article 2 

It shall apply from the date following that on which the Treaties cease to apply to the United 
Kingdom pursuant to Article 50(3) TEU, until 31 December 2020. 

However,  this  Regulation  shall  not  apply  if  a  withdrawal  agreement  concluded  with  the 
United  Kingdom  in  accordance  with  Article  50(2)  TEU  has  entered  into  force  by  the  date 
following that on which the Treaties cease to apply to the United Kingdom.  

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 

9 

  EN