Fisheries and Aquaculture
SI Title |
Laid Date |
Policy Area |
Summary |
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20/11/18 |
Fisheries and Aquaculture |
This instrument is made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 in order to ensure that UK and EU legislation relating to the marine environment, in particular marine strategy, will continue to be operable after the UK leaves the EU. |
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22/11/18 |
Fisheries and Aquaculture |
The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 will provide the necessary minor and technical corrections to The Aquatic Animal Health Regulations (Northern Ireland) 2009 and The Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012 to ensure operability when the UK leaves the EU. This instrument does not introduce any policy changes. It does not contain amendments to any primary legislation. The intention is to maintain the status quo and keep the aquatic animal health and alien species in aquaculture regimes functioning as they do now. As a result, there are not expected to be any significant impacts arising from this SI for anyone. In bringing forward this legislation, a workable legal framework underpinning business as usual in aquatic animal health and alien and locally absent species in aquaculture, will be preserved after Exit. |
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Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2018 |
27/11/18 |
Fisheries and Aquaculture |
The EU's Common Fisheries Policy ( CFP ) regulates fishing activities and the enforcement of those activities in UK waters. The CFP comprises numerous EU Regulations which will automatically be transferred into UK law on exit day, by virtue of the European Union (Withdrawal) Act 2018, and will have the status of ˜retained direct EU legislation'. These EU Regulations require amendment in order to operate effectively in UK law after the UK has exited from the European Union, and therefore the CFP. This instrument uses the powers in section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 to make the necessary amendments. |
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04/12/18 |
Fisheries and Aquaculture |
This instrument makes minor technical corrections to primary and secondary domestic legislation which gives effect to EU measures forming part of the Common Fisheries Policy (CFP). This will ensure that the legislation continues to operate effectively, so that fishing continues to be regulated in a sustainable manner after the UK leaves the EU. This instrument is linked with The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2018. |
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Fisheries (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
06/12/18 |
Fisheries and Aquaculture |
The Fisheries (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 provides technical corrections to Northern Ireland secondary domestic legislation in order to ensure an enforceable approach to maintaining the sustainability of fisheries management after the UK leaves the EU. |
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Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 |
17/01/19 |
Fisheries and Aquaculture |
This instrument covers nine pieces of directly applicable EU legislation in the fields of aquatic animal health and the use of alien and locally absent species in aquaculture. The majority of these relate to aquatic animal health and, together with Council Directive 2006/88/EC, establish an EU-wide biosecurity framework for fish and shellfish diseases. Council Directive 2006/88/EC sets out requirements for: bringing to the market aquaculture animals and their products; disease control measures; importation; and health certification. The Directive is transposed in England and Wales by the Aquatic Animal Health (England and Wales) Regulations 2009. The Department is bringing forward a separate instrument (the Aquatic Animal Health and Alien Species in Aquaculture (England and Wales) (EU Exit) Regulations 2018) to amend these Regulations and this is covered in a separate Explanatory Memorandum. The draft Regulations, as originally laid for sifting, were cleared to proceed as a negative instrument, but needed to be amended and relaid to ensure that quarantine requirements apply in relation to imports of aquatic animals from EU27 as well as third countries. As previously drafted, the SI did not include provision for quarantine for imports from EU27. |
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Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019 |
21/01/19 |
Fisheries and Aquaculture |
This instrument provides for a number of legislative functions that are currently conferred by European Union ( EU) legislation upon the European Commission (the Commission) to be exercisable instead by public authorities in the United Kingdom ( UK ), so that they can be exercised at national level after the UK leaves the EU. The EU Directives concerned cover aquatic animal health and plant health. The powers were conferred on the European Commission by Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ No. L 328, 24.11. 2006) ( Directive 2006/88/EC) and Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread in the Community (OJ No. L 169, 10.7.2000, p.1) ( Directive 2000/29/EC ). The legislative functions were conferred upon the Commission to enable it to develop the technical details of the specific regimes, without the frequent need to refer back to the EU Council and Parliament. Examples of these functions include amending technical annexes containing diseases and pests. This instrument does not make changes to substantive policy content. It provides for the legislative function in each case to be exercisable by UK authorities. This is to ensure that the relevant regimes continue to function smoothly and can be updated to reflect changes in disease and pest risks. This instrument confers functions on UK authorities which are equivalent to various legislative functions exercisable by the European Commission in relation to EU aquatic animal health and plant health legislation and converts the EU procedures to appropriate UK procedures. |
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Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 |
13/02/19 |
Fisheries and Aquaculture |
The Common Fisheries Policy (CFP) imposes a common approach to the sustainable management of fisheries across the European Union and its waters (currently UK waters are part of EU waters). This instrument makes corrections to retained EU law so that it can operate effectively after the United Kingdom leaves the European Union. This instrument makes a series of amendments to transfer legislative functions that are currently exercisable by European Union entities, in particular the European Commission. The functions are transferred so that they will be exercisable instead by fisheries administrations in the United Kingdom. This instrument also makes amendments to provisions contained in an EU Regulation governing aquaculture practices, to transfer European Commission powers to United Kingdom fisheries administrations; and it contains minor consequential amendments to The Sea Fishing (Enforcement) Regulations 2018. |
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Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 |
28/02/19 |
Fisheries and Aquaculture |
This instrument makes the minimum necessary technical fixes to the landing obligation, to maintain the same conservation requirements that currently exist. It also amends provisions on prohibitions on fishing for certain species in certain areas so that these prohibitions continue to have effect in UK law. Furthermore, it revokes provisions which put into law the fishing opportunities that are set by the EU for the UK, as it will no longer be appropriate for these to apply to the UK once it is not a member of the EU (instead, the Secretary of State will set fishing opportunities for the UK). |
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11/03/19 |
Fisheries and Aquaculture |
This instrument makes simple changes to domestic legislation to ensure that Scottish Government and its agencies can continue to control fishing and marine dredging (for the extraction of minerals) in the Scottish zone after EU Exit. This instrument amends The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 and The Scotland Act 1998 (Modifications of Functions) Order 1999. |
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05/04/19 |
Fisheries and Aquaculture |
The purpose of this instrument is to make technical corrections to four EU Exit instruments relating to the withdrawal of the UK from the EU that have been laid after approval by both Houses of Parliament. The first amended instrument, the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019 ( the Imports instrument ), makes operability amendments to forty-six EU Regulations, Decisions and implementing and delegated instruments in relation to trade in animals and animal related products. The second amended instrument, the Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 ( the Invasive Species instrument ), makes operability amendments to the main 2014 EU Regulation (1143/2014), and implementing and delegated instruments under it, relating to the prevention and management of the introduction and spread of invasive non-native species. The third and fourth amended instruments relate to aquatic animal health and alien and locally absent species in aquaculture ( the Aquatics instruments ). These are (a) the Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I 2019/452), which makes operability amendments to the Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), and (b) the Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), which amends retained direct EU legislation and makes modifications to Directive 2006/88/EC for the purposes of references to that Directive in any enactment. No policy changes are being introduced by the corrective amendments in this instrument, which are technical in nature to ensure that retained EU law operates as intended. |
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18/07/19 |
Fisheries and Aquaculture |
This instrument makes simple changes to domestic legislation to ensure that the Scottish Government and its agencies can continue to control fishing and marine dredging (for the extraction of minerals) in the Scottish zone after EU Exit. This instrument amends the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 and the Scotland Act 1998 (Modifications of Functions) Order 1999. This instrument revokes and replaces a largely identical instrument: the Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) Regulations 2019 ( the original Regulations ). This instrument is being made to ensure there is no doubt in relation to compliance with the requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018. The commencement provisions in the original Regulations were amended after the Committees referred to in paragraph 3(4) of Schedule 7 to that Act (the Sifting Committees) had made their recommendations as to the appropriate procedure for that instrument. As a result, the Joint Committee on Statutory Instruments drew the original Regulations to the attention of both Houses on the grounds that there appeared to be doubt over the power to make them. This instrument revokes the original Regulations before they were due to come into force, thereby addressing the points raised by the Joint Committee. |
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Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 |
07/10/19 |
Fisheries and Aquaculture |
The Common Fisheries Policy ( CFP ) imposes a common approach to the sustainable management of fisheries across the EU and its waters. Three statutory instruments made in early 2019 under powers in the European Union (Withdrawal) Act 2018 ( EUWA ) made corrections to ensure retained CFP legislation would operate effectively on the UK s withdrawal from the EU when exit day was specified as 29th March 2019. This instrument is required to ensure retained EU law operates effectively following the exit day extension period. This further instrument is required in relation to three categories of amendments: (a) Amendments required to account for new EU CFP legislation which has come into force since 29th March 2019; (b) Amendments to EU legislation previously de-prioritised due to its non-essential nature that can be amended during the extension period before the new exit day; (c) Minor corrections required to previous statutory instruments made under the EUWA (mentioned above) due to typographic and other errors. |
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Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 |
14/10/20 |
Fisheries and Aquaculture |
The Common Fisheries Policy ( CFP ) imposes a common approach to the sustainable management of fisheries across the EU and its waters. A number of statutory instruments made in 2019 under powers in the European Union (Withdrawal) Act 2018 made amendments to EU CFP legislation that was scheduled to become ˜retained EU law on exit day. The amendments were intended to ensure the retained CFP legislation would operate effectively upon the UK s withdrawal from the EU. Following ratification of the EU withdrawal agreement, EU CFP legislation will now become retained EU law at the end of the Transition Period and this instrument is required to ensure retained EU law operates effectively from that point. This instrument is required in relation to three categories of amendments: a) Amendments required to account for new EU CFP legislation which has come into force since the previous amending statutory instruments were drafted in preparation for exit day. b) Amendments required in consequence of the EU withdrawal agreement. c) Amendments to previous amending statutory instruments, including amendments to correct minor errors. |
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Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 |
22/10/20 |
Fisheries and Aquaculture |
The Common Fisheries Policy (CFP) imposes a common approach to the sustainable management of fisheries across the European Union and its waters. Several provisions of the CFP are included in Annex 2 to the Protocol on Ireland / Northern Ireland in the EU Withdrawal Agreement (the Protocol) and will therefore be directly applicable in the UK in respect of Northern Ireland from the end of the transition period. This instrument makes amendments to domestic law, retained EU law and previous amendments to retained EU law, all in the field of the CFP, ensuring the legislation operates effectively for the UK outside of the European Union to account for the inclusion of that legislation in Annex 2 to the Protocol. |
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02/11/20 |
Fisheries and Aquaculture |
The purpose of this instrument is to ensure that legislation relating to animal and aquatic health, invasive alien species, plant propagating material and seeds remains operable following the Withdrawal Agreement, the Protocol on Ireland / Northern Ireland (the Protocol), and recent updates to EU law. The amendments in this instrument are technical in nature with no changes to policy. The amendments made by this instrument will address deficiencies in domestic legislation including previously made EU Exit legislation, e.g. by removing references to EU institutions that are no longer appropriate; removing obligations to report to, or seek approval from, the European Commission; and removing provisions relating to reciprocal arrangements and provisions that will no longer exist or operate following the end of the transition period. In addition, the instrument will: amend retained EU law; replace references to the EUs Trade Control and Export System (TRACES) with references to the UKs new system for import notifications and controls, the Imports of Products, Animals, Food and Feed System (IPAFFS); remove transitional measures which expire at the end of the Transition Period; make operability changes to recent amendments to EU law that were settled in the EU too late to be covered by the earlier EU Exit legislation; make reference to the special transitional import arrangements set out in Schedule 5 to the England Trade Regulations or equivalent provisions in the Wales Trade Regulations or the Scotland Trade Regulations, and the new Annex 6 to the Official Controls Regulation (EU) 2017/625; apply a reciprocal approach to the EU, in particular so that EU breed societies are subject to the same recognition and listing process as third country breeding bodies by the UK as the EU is applying to UK breed societies post Transition Period. This is subject to a six month transitional period during which EU breed societies will be automatically listed by the UK; make a few very minor corrections to drafting errors in earlier EU Exit SIs; and make minor amendments to domestic legislation using section 2(2) of the European Communities Act 1972 in order to ensure regimes can be made operable at the end of the Transition Period. |
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02/11/20 |
Fisheries and Aquaculture |
This instrument provides for legislative functions that are currently conferred by European Union (EU) legislation upon the European Commission (the Commission) and the Council of the European Union (the Council) to be exercisable instead by appropriate authorities in Great Britain (GB), so that they can be exercised at national level after the end of the transition period. It amends previously made EU Exit statutory instruments (EU Exit SIs) in order to reflect the change in legislative position following the Withdrawal Agreement, the Protocol of Ireland / Northern Ireland (the Protocol). It also makes amendments to reflect changes to EU Regulations since the EU Exit SIs were made and for new directly applicable EU legislation that will be retained and must be made operable. This instrument contains provisions relating to seven policy areas: seed, plant and plant propagating material; aquatic animal health; Transmissible Spongiform Encephalopathies (TSEs) and Animal By-Products (ABPs); livestock; zoonotic diseases; pet travel; and the use of alien and locally absent species in aquaculture. |
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10/06/21 |
Fisheries and Aquaculture |
This instrument revokes retained EU legislation relevant to technical measures in the Celtic Sea, which currently apply within the English and Welsh zones of British fishery limits. The purpose of this change is to enable improved measures, to be brought in through appropriate application of domestic and foreign vessel licence conditions. Content relevant specifically to this aspect within this document is set out under the subheading 'Celtic Sea technical measures'. This instrument also makes adjustments to the level of European seabass that may be caught as by-catch within the English and Welsh zones of British fishery limits and incidental and consequential adjustments to the bass management measures. Content relevant specifically to this aspect within this document is set out under the subheading 'Measures on European Seabass fisheries'. |
Last updated 23 June 2021
