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: 2020-12-10
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, United Kingdom, exchange of information, fishery management, fishing fleet, fishing industry, fishing permit, international waters, ship's flag, withdrawal from the EU

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   EUROPEAN COMMISSION  Brussels, 10.12.2020  COM(2020) 830 final 2020/0366 (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 

CONTEXT OF THE PROPOSAL 

1. 
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  end  of  the  transition  period,  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.     

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 access by Union and United Kingdom vessels to each 
other’s waters, after 31 December 2020 until a fisheries agreement with the United Kingdom 
has  been  concluded.  The  purpose  of  this  Regulation  is  to  create  the  appropriate  legal 
framework for such 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. 

Fishing opportunities for the year 2021 have to be agreed, also by the United Kingdom. These 
arrangements  will  provide  the  basis  for  stability  of  fishing  activities  and  will  have  to  be 
established  in  full  respect  of  the  requirements  set  out  in  Articles  61  and  62  of  UNCLOS. 
These arrangements should aim to ensure sustainable exploitation of marine living resources 
and stability within both 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  the waters of the United 
Kingdom, these conditions and procedures could lead to considerable delays and an increased 

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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). 

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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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 specific rules provided for in this proposal should apply from the day following the end 
of  the  transition  period.  The  granting  of  authorisations  is  subject  to  the  principle  of 
"reciprocity", i.e. on condition that the United Kingdom extends access rights for EU vessels 
to conduct fishing activities in United Kingdom  waters on a basis satisfactory to the Union. 
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. 

• 

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.   

• 

Choice of the instrument 

This act is an amendment of a Regulation.  

• 

Transmission of this proposal to national parliaments 

Draft  legislative  acts,  including  proposals  from  the  Commission,  sent  to  the  European 
Parliament and to the Council must be forwarded to national parliaments in accordance with 

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the Protocol (No 1) on the role of national Parliaments in the European Union, annexed to the 
Treaties. 

According  to  Article  4  of  the  Protocol,  an  eight-week  period  must  elapse  between  a  draft 
legislative act being made available to national parliaments and the date when it is placed on a 
provisional  agenda  for  the  Council  for  its  adoption  or  for  adoption  of  a  position  under  a 
legislative procedure. 

However, exceptions are possible under Article 4 in cases of urgency, the reasons for which 
must be stated in the act or position of the Council.  

In  view  of  the  necessity  to  provide  for  procedures  for  authorising  sustainable  fishing 
operations  in  United  Kingdom  and  Union  waters,  at  the  latest  by  the  day  following  that  on 
which Union law ceases to  apply to  and in  the United Kingdom,  and  given the necessity to 
provide for procedures for authorising sustainable fishing operations in the United Kingdom 
and  Union  waters  on  the  basis  of  reciprocity  at  the  latest  by  that  day,  in  order  to  avoid  an 
abrupt discontinuation of fishing operations in those waters, the adoption of this proposal by 
the  European  Parliament  and  the  Council  has  to  be  considered  as  a  case  of  urgency. 
Therefore, it is considered to be appropriate to rely on an exception to the eight-week period 
referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European 
Union,  annexed  to  the  Treaty  on  European  Union,  to  the  Treaty  on  the  Functioning  of  the 
European Union and to the Treaty establishing the European Atomic Energy Community. 

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. 

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4. 

BUDGETARY IMPLICATIONS 

There are no budgetary implications arising from the proposal. 

OTHER ELEMENTS 

5. 

N/A 

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2020/0366 (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  Agreement  on  the  withdrawal  of  the  United  Kingdom  of  Great  Britain  and 
Northern  Ireland  from  the  European  Union  and  the  European  Atomic  Energy 
Community  (‘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.  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 on 31 December 2020.  

(3)  When the CFP will cease to apply to and in 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  the  absence  of  a  fisheries  agreement  with  the 
United Kingdom, Union and United Kingdom vessels risk not having the possibility to 
use fully the fishing opportunities that may be available for the year 2021.  

(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  reciprocal  access  by  Union 
and United Kingdom vessels to each other’s waters after 31 December 2020 should be 
maintained.  This  Regulation  should  therefore  create  the  appropriate  legal  framework 
for such reciprocal access. 

(5) 

The  territorial  scope  of  this  Regulation  and  any  reference  to  the  United  Kingdom 
therein does not include Gibraltar. 

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OJ C , , p. . 

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(6) 

(7) 

(8) 

(9) 

Fishing  opportunities  for  the  year  2021  are  to  be  established  by  the  Union  and  the 
United Kingdom in full respect of the requirements set out in Article 61 and 62 of the 
United Nations Convention on the Law of the Sea4. To ensure sustainable exploitation 
of  marine  living  resources  and  stability  within  Union  waters  and  United  Kingdom 
waters,  the  quota  allocations  and  shares  for  the  Member  States  and  the  United 
Kingdom are to be set in accordance with the respective applicable law of the Union 
and of the United Kingdom.  

In  light  of  the  long-standing  fishing  patterns  of  United  Kingdom  vessels  in  Union 
waters  and  vice  versa,  and  in  order  to  obtain  reciprocal  access  to  waters,  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  the  quota  shares  that  will  be 
allocated  to  the  United  Kingdom,  under  the  same  conditions  that  apply  to  Union 
vessels. 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 
fishing within United Kingdom waters. 
Regulation  (EU) 2017/2403  of the European Parliament and of the Council5 sets  out 
the rules for issuing and managing fishing authorisations for Union vessels in waters 
under  the  sovereignty  or  jurisdiction  of  a  third  country  and  for  third  country  fishing 
vessels conducting fishing operations in Union waters. 

In  particular,  that  Regulation  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.  
Taking  into  account  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.  

(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) 2017/2403 should therefore be amended accordingly. 

(12) 

In  accordance  with  Article  4(3)  of  Regulation  (EEC,  Euratom)  No  1182/71  of  the 
Council6, 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 
as from 1 January 2021. 

(13)  As  the  transition  period  provided  for  in  the  Withdrawal  Agreement  ends  on  31 
December 2020, in the absence of an agreement covering fisheries concluded with the 

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United Nations Convention on the Law of the Sea and the Agreement of 28 July 1994 relating to the 
implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 3). 
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 (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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(14) 

United  Kingdom,  this  Regulation  should  enter  into  force  as  a  matter  of  urgency  and 
should apply from 1 January 2021. As a contingency measure, it should apply until the 
earliest of the following dates: 31 December 2021 or the date on which an agreement 
governing  fisheries  between  the  Union  and  the  United  Kingdom  enters  into  force  or 
provisionally applies.  

In view of the need to  have this Regulation  adopted before the day  on which Union 
law ceases to apply to and in the United Kingdom pursuant to Articles 126 and 127 of 
the  Withdrawal  Agreement,  and  given  the  necessity  to  provide  for  procedures  for 
authorising sustainable fishing operations in the United Kingdom and Union waters on 
the basis of reciprocity at the latest by that day, to avoid an abrupt discontinuation of 
fishing operations, it was considered to be appropriate to provide  for an exception to 
the eight-week period referred to in Article 4 of Protocol No 1 on the role of national 
Parliaments in the Union, annexed to the TEU, to the Treaty on the Functioning of the 
European  Union  and  to  the  Treaty  establishing  the  European  Atomic  Energy 
Community.  

(15) 

In  order  to  enable  both  Union  and  United  Kingdom  operators  to  continue  to  fish, 
fishing authorisations for activities in Union waters should only be granted to United 
Kingdom  vessels  if  and  in  so  far  as  the  Commission  considers  that  the  United 
Kingdom grants access rights  to Union vessels to conduct fishing operations in United 
Kingdom waters on a reciprocal basis,  

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: 

"Section 4 

Authorisations for Union fishing vessels in United Kingdom waters 

Article 18a 
Scope 

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 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 
Procedure 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 the authorisation by the United Kingdom.  

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2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

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.  

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. 

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 
suspend  or  withdraw  its  fishing  authorisation  for  fishing  operations  in  United 
Kingdom waters accordingly. 

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 between Title III and Title IV: 

"TITLE IIIa 

"FISHING OPERATIONS BY UNITED KINGDOM FISHING VESSELS IN UNION 
WATERS 

Article 38a 
Scope 

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

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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 applicable Union legislation, provided Union vessels 
are  granted  access  to  carry  out  fishing  operations  in  the  United  Kingdom  waters  on  a 
reciprocal basis.  

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 
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  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 38e 
Management of fishing authorisations 

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

the  appropriate  action, 

take 

3. 

1. 

2. 

3. 

1. 

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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 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  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 paragraph 2.  

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 
fishing 
ensuring 
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. 

Article 38g 
Overfishing of quotas in Union waters 

3. 

1. 

2. 

3. 

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. 

2. 

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. 

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 

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3. 

4. 

5. 

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 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 Union law ceases to apply to and in the 
United  Kingdom  pursuant  to  Articles  126  and  127  of  the  Withdrawal  Agreement,  until  the 
earliest of the following dates:  

(1) 

(2) 

31 December 2021; 

the  date  on  which  an  agreement  governing  fisheries  between  the  Union  and  the 
United Kingdom enters into force or provisionally applies. 

However,  this  Regulation  shall  not  apply  if  the  agreement  referred  to  in  point  (2)  of  the 
second paragraph enters into force or provisionally applies by  the date of entry into force of 
this Regulation. 

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 

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