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The Sea Fishing (Miscellaneous Amendments) Regulations 2018

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Amendment of article 9

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5.—(1) Article 9 (offences) is amended as follows.

(2) For paragraph (4) substitute—

“(4) It is an offence for a person to engage in fishing for a stock in any area where, under the conservation and management measures (within the meaning of the Council Regulation) applicable in that area, such fishing is subject to a moratorium or is prohibited.”.

(3) After paragraph (6) insert—

“(6A) In relation to a non-cooperating third country listed on a list established under Article 33 of the Council Regulation, it is an offence for a person—

(a)to import fishery products caught by a fishing vessel flying the flag of the third country unless the products are from stock or species to which the listing does not apply;

(b)to purchase a fishing vessel flying the flag of the third country;

(c)to reflag a fishing vessel flying the flag of a member State so that it flies the flag of the third country;

(d)to enter into a charter agreement with the third country in relation to a fishing vessel flying its flag;

(e)to export a Community fishing vessel to the third country;

(f)to enter into an agreement for a fishing vessel flying the flag of a member State to use the fishing possibilities of the third country; or

(g)to participate in joint fishing operations with a fishing vessel flying the flag of the third country.”.

(4) After paragraph (11) insert—

“(12) Paragraph (6A)(e) is an “equivalent provision” for the purposes of—

(a)the Sea Fishing (Illegal, Unreported and Unregulated Fishing) (Scotland) Order 2013(1); and

(b)the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018(2).”.

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