Fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters

PURPOSE: to mitigate the impacts that a Brexit without an agreement would have on fisheries at EU level.

LEGISLATIVE ACT: Regulation (EU) 2019/498 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.

CONTENT: in order to mitigate the impacts that a Brexit without an agreement would have on fisheries at EU level, this Regulation amends Regulation (EU) 2017/2403 on the sustainable management of external fleets to ensure that the Union is able to grant access to United Kingdom vessels until the end of 2019, provided that Union vessels also enjoy reciprocal access to United Kingdom waters.

The Regulation covers only the year 2019 and is based on the agreement on fishing opportunities for 2019 reached at the Agriculture and Fisheries Council on 17 and 18 December 2018.

A simplified procedure is also provided for to allow United Kingdom vessels to fish in EU waters and EU vessels to fish in UK waters, provided that the United Kingdom grants such access.

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.

The Commission may take appropriate measures, including amending or withdrawing the authorisation if the conditions are no longer met.

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

The Regulation also continues the practice of exchanging quotas with the United Kingdom, as was the case when the United Kingdom joined the Union (approximately 1 000 quota exchanges take place each year between the United Kingdom and the Member States).

ENTRY INTO FORCE: 28.3.2019. The Regulation shall apply from the day following that on which the Treaties cease to be applicable in the United Kingdom pursuant to Article 50(3) of the Treaty on European Union until 31.12.2019.