
CHAPTER I
Article 1 

1. This Regulation establishes a multiannual plan (‘the plan’) for the demersal stocks listed below, including deep-sea stocks, in the Western Waters, and, where those stocks extend beyond the Western Waters, in their adjacent waters, and for the fisheries exploiting those stocks:
((1)) black scabbardfish (Aphanopus carbo) in ICES subareas 1, 2, 4, 6–8, 10 and 14 and divisions 3a, 5a, 5b, 9a and 12b;
((2)) roundnose grenadier (Coryphaenoides rupestris) in ICES subareas 6 and 7 and division 5b;
((3)) seabass (Dicentrarchus labrax) in ICES divisions 4b, 4c, 7a, 7d–h, 8a and 8b;
((4)) ...
((5)) ...
((6)) ...
((7)) ...
((8)) megrims (Lepidorhombus spp.) in ICES divisions 4a and 6a;
((9)) megrims (Lepidorhombus spp.) in ICES division 6b;
((10)) megrims (Lepidorhombus spp.) in ICES divisions 7b–k, 8a, 8b and 8d;
((11)) ...
((12)) anglerfish (Lophiidae) in ICES divisions 7b–k, 8a, 8b and 8d;
((13)) ...
((14)) haddock (Melanogrammus aeglefinus) in ICES division 6b;
((15)) haddock (Melanogrammus aeglefinus) in ICES division 7a;
((16)) haddock (Melanogrammus aeglefinus) in ICES divisions 7b–k;
((17)) whiting (Merlangius merlangus) in ICES divisions 7b, 7c and 7e–k;
((18)) ...
((19)) hake (Merluccius merluccius) in ICES subareas 4, 6 and 7 and divisions 3a, 8a, 8b and 8d;
((20)) ...
((21)) blue ling (Molva dypterygia) in ICES subareas 6 and 7 and division 5b;
((22)) Norway lobster (Nephrops norvegicus) by functional unit in ICES subarea 6 and division 5b:

— in North Minch (FU 11);
— in South Minch (FU 12);
— in Firth of Clyde (FU 13);
— in division 6a, outside the functional units (West of Scotland);
((23)) Norway lobster (Nephrops norvegicus) by functional unit in ICES subarea 7:

— in Irish Sea East (FU 14);
— in Irish Sea West (FU 15);
— ...
— ...
— ...
— in the Celtic Sea (FU 20-21);
— in the Bristol Channel (FU 22);
— outside the functional units (Southern Celtic Sea, Southwest of Ireland);
((24)) ...
((25)) ...
((26)) ...
((27)) plaice (Pleuronectes platessa) in ICES division 7d;
((28)) plaice (Pleuronectes platessa) in ICES division 7e;
((29)) pollack (Pollachius pollachius) in ICES subareas 6 and 7;
((30)) ...
((31)) common sole (Solea solea) in ICES division 7d;
((32)) common sole (Solea solea) in ICES division 7e;
((33)) common sole (Solea solea) in ICES divisions 7f and 7g;
((34)) ...
((35)) ...
((36)) ...Where scientific advice, in particular that of ICES or a similar independent scientific body recognised at ... international level, indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph, the  Secretary of State may, subject to paragraph 2A, by regulations amend  this Regulation by adjusting the areas specified in the first subparagraph of this paragraph in order to reflect that change. ...
2. Where, on the basis of scientific advice, the  Secretary of State  considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the  Secretary of State may, subject to paragraph 2A, by regulations amend that list.
(2A.) Where, in the circumstances described in paragraph 2B, the exercise of the power to make regulations under paragraph 1 or 2 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under either of those powers the Secretary of State must obtain the consent of—
(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation in the circumstances described in paragraph 2B;
(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation in the circumstances described in paragraph 2B;
(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation in the circumstances described in paragraph 2B.
(2B.) The circumstances referred to in paragraph 2A are circumstances where the power in paragraph 1 or, as the case may be, the power in paragraph 2 is treated as a power exercisable by  “a fisheries administration” instead of a power exercisable by the Secretary of State.
3. With respect to adjacent waters covered in paragraph 1 of this Article, only Articles 4 and 7 and the measures related to fishing opportunities under Article 8 of this Regulation shall apply.
4. This Regulation also applies to by-catches caught in the Western Waters when fishing for the stocks listed in paragraph 1. However, where ranges of FMSY and safeguards linked to biomass for those stocks are established under other  enactments  establishing multiannual plans, those ranges and safeguards shall apply.
5. This Regulation also specifies details for the implementation of the landing obligation in  United Kingdom  waters of the Western Waters for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.
6. This Regulation provides for technical measures, as set out in Article 9, applicable in the Western Waters in respect of any stock.
Article 2 
For the purposes of this Regulation, the following definitions shall apply in addition to those laid down in Article 4 of Regulation (EU) No 1380/2013, Article 4 of Council Regulation (EC) No 1224/2009 and Article 3 of Council Regulation (EC) No 850/98:

((1)) ‘Western Waters’ means the North Western Waters (ICES subareas 5 (excluding division 5a and only  United Kingdom  waters of division 5b), 6 and 7) ...
((2)) ‘range of FMSY’ means a range of values provided in the best available scientific advice, in particular from ICES or a similar independent scientific body recognised at ... international level, where all levels of fishing mortality within that range result in maximum sustainable yield (MSY) in the long term with a given fishing pattern and under current average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the MSY. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;
((3)) ‘MSY Flower’ mean the lowest value within the range of FMSY;
((4)) ‘MSY Fupper’ mean the highest value within the range of FMSY;
((5)) ‘FMSY point value’ is the value of the estimated fishing mortality that with a given fishing pattern and under current average environmental conditions gives the long-term maximum yield;
((6)) ‘lower range of FMSY’ means a range that contains values from MSY Flower to FMSY point value;
((7)) ‘upper range of FMSY’ means a range that contains values from FMSY point value up to MSY Fupper;
((8)) ‘Blim’ means the spawning stock biomass reference point provided for in the best available scientific advice, in particular by ICES or a similar independent scientific body recognised at ... international level, below which there may be reduced reproductive capacity;
((9)) ‘MSY Btrigger’ means the spawning stock biomass reference point, or, in the case of Norway lobster, abundance reference point provided for in the best available scientific advice, in particular from ICES or a similar independent scientific body recognised at ... international level, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term.
((10)) ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018.
CHAPTER II
Article 3 

1. The plan shall contribute to the achievement of the  fisheries objectives, in particular by applying the precautionary approach to fisheries management (within the meaning given by section 1(11) of the Fisheries Act 2020).
2. The plan shall contribute to the elimination of discards, by avoiding and reducing, as far as possible, unwanted catches, and to the implementation of the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 for the species which are subject to catch limits and to which this Regulation applies.
3. The plan shall implement the ecosystem-based approach to fisheries management (within the meaning given by section 1(11) of the Fisheries Act 2020)  in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised and, where possible, reversed.
4. In particular, the plan shall aim to:
(a) ensure that the conditions described in descriptor 3 contained in Annex I to Directive 2008/56/EC are fulfilled;
(b) contribute to the fulfilment of other relevant descriptors contained in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilment; and
(c) contribute to the achievement of the objectives set out in the provisions of any enactment specifically giving effect to the objectives set out in  Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Directive 92/43/EEC, in particular to minimise the negative impact of fishing activities on vulnerable habitats and protected species.
(4A) For the purposes of paragraph 4(b), in Annex 1 to Directive 2008/56/EC descriptor 9 is to be read as if the reference to  “Community legislation” were a reference to  “assimilated  law”.
5. Measures under the plan shall be taken in accordance with the best available scientific advice. Where there is insufficient data, a comparable degree of conservation of the relevant stocks shall be pursued.
CHAPTER III
Article 4 

1. The target fishing mortality, in line with the ranges of FMSY defined in Article 2, shall be achieved as soon as possible, and on a progressive, incremental basis ... for the stocks listed in Article 1(1), and shall be maintained thereafter within the ranges of FMSY, in accordance with this Article.
2. The Secretary of State  must request from ICES, or a similar independent scientific body recognised at international level, the ranges of FMSY based on the plan.
3. When fishing opportunities are determined for a stock they must be established in the lower range of FMSY available at that time for that stock.
4. Notwithstanding paragraphs 1 and 3, fishing opportunities for a stock may be fixed at levels that are lower than the ranges of FMSY.
5. Notwithstanding paragraphs 3 and 4, fishing opportunities for a stock may be fixed in accordance with the upper range of FMSY available at that time for that stock, provided that the stock referred to in Article 1(1) is above MSY Btrigger:
(a) if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries;
(b) if, on the basis of scientific advice or evidence, it is necessary to avoid serious harm to a stock caused by intra- or inter-species stock dynamics; or
(c) in order to limit variations in fishing opportunities between consecutive years to not more than 20 %.
6. Where ranges of FMSY cannot be determined for a stock listed in Article 1(1) because of a lack of adequate scientific information, that stock shall be managed in accordance with Article 5 until ranges of FMSY are available pursuant to paragraph 2 of this Article.
7. Where the spawning stock biomass is above Blim, fishing
                            opportunities shall ... be fixed in such a way as to ensure that there is less than a 5 % probability of  it  falling below Blim.
(8.) The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 (power of Secretary of State to determine fishing opportunities) otherwise than in accordance with paragraphs 3 to 7.
(9.) If the Secretary of State makes a determination in reliance on paragraph 8 the Secretary of State must prepare and publish a document—
(a) describing the relevant change of circumstances, and
(b) explaining how the relevant change in circumstances affected the determination.
(10.) For the purposes of this Article, the changes in circumstances that are capable of being  “relevant” include (in particular) changes relating to—
(a) the international obligations of the United Kingdom,
(b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),
(c) available scientific evidence, or
(d) available evidence relating to the social, economic or environmental elements of sustainable development.
Article 5 

1. Management measures for the stocks referred to in Article 1(4) including, where appropriate, fishing opportunities shall be set taking into account the best available scientific advice and shall be consistent with the objectives laid down in Article 3.
2. The stocks referred to in Article 1(4) shall be managed under the precautionary approach to fisheries management  (within the meaning given by section 1(11) of the Fisheries Act 2020)  when no adequate scientific information is available, and in accordance with Article 3(5) of this Regulation.
3. The  management of mixed fisheries with regard to stocks referred to in Article 1(4) of this Regulation shall take into account the difficulty of fishing all stocks at MSY at the same time, especially in situations where that leads to a premature closure of the fishery.
Article 6 
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CHAPTER IV
Article 7 
The Secretary of State  must request from ICES, or a similar independent scientific body recognised at international level, the following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) based on the plan—

((a)) MSY Btrigger for stocks referred to in Article 1(1);
((b)) Blim for stocks referred to in Article 1(1).
Article 8 

1. When scientific advice indicates that for a given year the spawning stock biomass and, in the case of Norway lobster stocks, abundance of any of the stocks referred to in Article 1(1) is below the MSY Btrigger, ... appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, notwithstanding Article 4(3), fishing opportunities shall be set at levels consistent with a fishing mortality that is reduced below the upper range of FMSY, taking into account the  current biomass or, in the case of Norway lobster, current abundance.
2. When scientific advice indicates that the spawning stock biomass and, in the case of Norway lobster stocks, abundance of any of the stocks referred to in Article 1(1) is below the Blim, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above the level capable of producing MSY. In particular, those remedial measures may include, notwithstanding Article 4(3), suspending the targeted fishery for the stock or functional unit concerned and the adequate reduction of fishing opportunities.
3. Remedial measures referred to in this Article may include:
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) measures pursuant to Article 9 of this Regulation.
4. The choice of measures referred to in this Article shall be made in accordance with the nature, seriousness, duration and repetition of the situation where the spawning stock biomass and, in the case of Norway lobster stocks, abundance is below the levels referred to in Article 7.
(5) The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 otherwise than in accordance with paragraphs 1 to 4.
(6) If the Secretary of State makes a determination in reliance on paragraph 5 the Secretary of State must prepare and publish a document—
(a) describing the relevant change of circumstances, and
(b) explaining how the relevant change in circumstances affected the determination.
(7) For the purposes of this Article, the changes in circumstances that are capable of being  “relevant” include (in particular) changes relating to—
(a) the international obligations of the United Kingdom,
(b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),
(c) available scientific evidence, or
(d) available evidence relating to the social, economic or environmental elements of sustainable development.
CHAPTER V
Article 9 

1. A fisheries administration may make regulations in order to supplement this Regulation regarding the technical measures specified in paragraph 1C, insofar as they are not covered by Regulation (EU) 2019/1241.
(1A) Subject to paragraph 1B, the Secretary of State may make regulations in order to supplement this Regulation regarding the technical measures specified in paragraph 1C, insofar as they are not covered by Regulation (EU) 2019/1241.
(1B) Where the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 1A the Secretary of State must obtain the consent of—
(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;
(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;
(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.
(1C) The technical measures referred to in paragraphs 1 and 1A are—
(a) specifications of characteristics of fishing gears and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;
(b) specifications of modifications or additional devices to the fishing gears, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;
(c) limitations or prohibitions on the use of certain fishing gears and on fishing activities in certain areas or periods to protect spawning fish, fish below the minimum conservation reference size or non-target fish species, or to minimise the negative impact on the ecosystem; and
(d) the fixing of minimum conservation reference sizes for any of the stocks to which this Regulation applies, to ensure the protection of juveniles of marine organisms.
(1D) Before making any regulations under this Article, a fisheries administration must consult—
(a) such bodies or persons as appear to the fisheries administration to be representative of the interests likely to be substantially affected by the regulations;
(b) such other bodies or persons as the fisheries administration may consider appropriate.

(2.) Regulations made under  this Article shall contribute to the achievement of the objectives set out in Article 3 of this Regulation, and shall comply with Article 15(4) of Regulation (EU) 2019/1241.
CHAPTER VI
Article 10 

1. When a fisheries administration distributes fishing opportunities for use by fishing vessels it must take account of the likely catch composition of fishing vessels participating in mixed fisheries.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Without prejudice to Article 8, the TAC for the stocks of Norway lobster in the Western Waters may be established for management areas corresponding to each of the areas defined under points 22 to 25 of the first subparagraph of Article 1(1). In such cases, the TAC for a management area may be the sum of the catch limits of those functional units and of the statistical rectangles outside the functional units.
Article 11 

1. When scientific advice indicates that recreational fishing is having a significant impact on the fishing mortality of a stock referred to in Article 1(1),   a fisheries administration   may set non-discriminatory limits for recreational fishermen.
2. When setting the limits referred to in paragraph 1,   a fisheries administration   shall refer to transparent and objective criteria, including those of environmental, social and economic nature. The criteria used may include, in particular, the impact of recreational fishing on the environment, the societal importance of that activity and its contribution to the economy in coastal areas.
3. Where appropriate,  a fisheries administration must  take the necessary and proportionate measures for the monitoring and collection of data for a reliable estimation of the actual recreational catch levels.
Article 12 

1. The TACs for sole in the Western Channel (ICES division 7e) under the plan shall be complemented by fishing effort limitations.
2. A fisheries administrationmust  decide annually on the maximum number of days at sea for vessels present in the Western Channel and deploying beam trawls of mesh size equal to or greater than 80 mm ....
3. The maximum number of days at sea referred to in paragraph 2 shall be adjusted in the same proportion as the adjustment in fishing mortality corresponding to the variation in the TACs.
CHAPTER VII
Article 13 

1. For all stocks of species in the Western Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013,  a fisheries administration may make regulations  in order to supplement this Regulation by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013.
(1A.) Subject to paragraph 1B, for all stocks of species in the Western Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No. 1380/2013, the Secretary of State may make regulations in order to supplement this Regulation by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013.
(1B.) Where the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 1A the Secretary of State must obtain the consent of—
(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;
(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;
(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.
2. The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall not apply to recreational fishing, including in cases where  limits are set  in accordance with Article 11 of this Regulation.
CHAPTER VIII
Article 14 

1. For each of the ICES zones referred to in Article 1(1) of this Regulation,  a fisheries administration must  issue fishing authorisations (which may be contained in a licence granted under section 15 of the Fisheries Act 2020) in accordance with Article 7 of Regulation (EC) No 1224/2009 for  United Kingdom fishing vessels   which engage in fishing activities in that area. In such fishing authorisations,  a fisheries administration  may also limit the total capacity of such vessels using a specific gear.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. A fisheries administration must  establish and maintain a list of vessels holding the fishing authorisation referred to in paragraph 1 and make it available on its official website ....
CHAPTER IX
Article 15 

1. Where stocks of common interest are also exploited by third countries,   the Secretary of State  must  engage with those third countries with a view to ensuring that those stocks are managed in a sustainable manner that is consistent with the objectives of ... this Regulation. Where no formal agreement is reached,   the Secretary of State  must  make every effort to reach common arrangements for fishing of such stocks with a view to making the sustainable management possible ....
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER X
Article 16 
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CHAPTER XI
Article 17 
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Article 18 

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
3. Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
6. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(7.) Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
(8.) Such regulations may—
(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));
(b) make different provision for different purposes.
CHAPTER XII
Article 19 
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CHAPTER XIII
Article 20 
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Article 21 
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CHAPTER XIV
Article 22 

1. The following Regulations are repealed:
(a) Regulation (EC) No 811/2004;
(b) Regulation (EC) No 2166/2005;
(c) Regulation (EC) No 388/2006;
(d) Regulation (EC) No 509/2007;
(e) Regulation (EC) No 1300/2008.
2. References made to the repealed Regulations shall be construed as references to this Regulation.
Article 23 
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...
The European Parliament and the Council intend to repeal the empowerments to adopt technical measures by means of delegated acts under Article 8 of this Regulation when they adopt a new regulation on technical measures which includes an empowerment covering the same measures.
