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Showing posts with label no deal. Show all posts
Showing posts with label no deal. Show all posts
Friday, 12 April 2019
From Brussels: EU - Fisheries after Brexit
The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, if the Withdrawal Agreement is not ratified, the Union’s primary and secondary law will cease to apply to the United Kingdom from 30 March 2019 (‘the withdrawal date’). The United Kingdom will then become a third country.
Labels:
Brexit,
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Withdrawal Agreement
Monday, 8 April 2019
Brexit: Breton fishermen fear an exit without agreement
VesselTracker AIS for the trawler Itasca. |
Increasingly Breton and national media channels are looking in depth at the implications for their fishing fleets if the UK exits the EU without a deal. The AIS track taken from VesselTracker for the St Brieux trawler Itasca since January 1st this year shows just how much time she spends fishing inside the UK half of the median line which, should the UK leave without a deal, would be within sovereign waters.
Like many Breton vessels fishing off Cornwall the Itasca has made good use of Newlyn over the years - stopping for ice and other supplies as well as using Newlyn for shelter in extreme weather - Newlyn is a port of International Refuge.
This latest report from FranceTV:
With nine tons of fish on board, Itasca returns to its port, in Finistère. At the controls of this ship, Gwendal Boezennec, fisherman from father to son for three generations. He explains working in the middle of the Channel, the British side and is very worried about Brexit. In Brittany, 80% of catches are made in English waters, 600 boats are fishing 95,000 tons of fish in these areas each year.
Too many Europeans in French waters?
"If we are all in the French Channel with the Dutch and Belgians who come in French waters, it will be overfished and it will not be profitable", feared Dominique Thomas, representative of the high seas Cotes d'Armor. But some professionals remain optimistic because they hope for an agreement that would suit both sides: the Europeans could continue to fish in British waters and the British would continue to sell their surplus fish on the continent.
Like UK fishermen they too would love to see a considered response to this question put to Nigel gooding at Defra two years ago:
"The EU referendum and the majority vote to leave the EU was met with jubilation from the UK fishing industry, and has been characterised by many as "a sea of opportunity". The BIG question now is in what manner this "sea of opportunity" is to be realised for the fishermen of the UK? The benefits of leaving the EU, and the infamous CFP are numerous; and should empower the UK Government to design, and implement a fisheries management system that works for both fish resources, and the fishermen that depend upon them. The business of fishing has never been plain sailing, and a "Fisheries Brexit" doesn't seem like being an easy affair either.
The media coverage of Michael Gove's recent visit to Denmark; where he gave "assurance" to Danish fishermen that they would still have access to UK waters post-Brexit, has been seen by many as yet another sell out of the fishing industry. Also, the reported clash between Michael Gove and Chancellor Philip Hammond over the use of fisheries as a bargaining chip in the wider Brexit negotiations has done little to lessen their fears. Both Chancellor Angela Merkel and President Emmanuel Macron have expressed that they will fight for their respective fishing industries to achieve the best possible post-Brexit deal. This has left many UK fishermen in a state of shock and disbelief, fearing now that the industry will once again be used as a pawn in achieving a favourable Brexit deal with the EU. It must be made absolutely clear that the UK post-Brexit WILL have an exclusive 200nm/ median line economic zone; and the UK fishing industry, finally will have exclusive access to the UK territorial seas out to 12 nm.
The UK Government will have the absolute power to decide on who will be granted access, and under what conditions. Granting of reciprocal access to foreign vessels is a common practice in bilateral fisheries negotiations; where access can be granted on historical use of the area, quota swaps, and or, if there are exploitation pattern gains to be had in relation to catching older and larger fish.It is a common acknowledgment within the fishing industry, that everything is paid for by what is caught in the net, and landed on the market. The main focus for the catching sector, irrespective of Brexit is to identify exclusive UK stocks, and quantify zonal attachment for stocks that are deemed to be shared.
Realigning Relative State allocations in relation to ecosystem creep is of utmost importance; as a means of mitigating the possibility for chokes species such as NS hake, and area VIIE haddock and VIID cod. This is especially important in respect to the Landings Obligation/Discard Ban, which comes into full force in 2019.
The UK government has commissioned work into mapping the extent of zonal attachment for stocks shared with the EU and other parties such as Norway/Faeroe. This is an assignment that the UK should not pursue alone, if there is to be any chance of reaching a consensus and ratification by all parts. This work needs to be undertaken in a joint EU-UK working group, and under the scrutiny of an unbiased third party such as ICES, and with observers from countries such as USA and Canada. ICES have informed that they have not received any request from the UK Government to assist in this important and necessary work on defining zonal attachment.Should the Government decide to use UK fish resources as a bargaining chip, then it's important to quantify how much fish, and for what it is being traded for"
Labels:
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Withdrawal Agreement
Saturday, 6 April 2019
Do we have an agreement on shared stocks post Brexit?
Here is a letter sent to Nigel Gooding at Defra, September 2017 after the UK had voted to leave the UK at a time when fishermen wanted to now what would a post Brexit world look like..
The question, was in response to the UK Government's stated aspiration to become a "gold standard" fisheries nation which seemingly hasn't, as yet, instigated the necessary infrastructure to facilitate an agreement on shared stocks and their management. This is something that should have been in place in the event of the fishing industries desired, "No deal"
"The EU referendum and the majority vote to leave the EU was met with jubilation from the UK fishing industry, and has been characterised by many as "a sea of opportunity". The BIG question now is in what manner this "sea of opportunity" is to be realised for the fishermen of the UK? The benefits of leaving the EU, and the infamous CFP are numerous; and should empower the UK Government to design, and implement a fisheries management system that works for both fish resources, and the fishermen that depend upon them. The business of fishing has never been plain sailing, and a "Fisheries Brexit" doesn't seem like being an easy affair either.
The media coverage of Michael Gove's recent visit to Denmark; where he gave "assurance" to Danish fishermen that they would still have access to UK waters post-Brexit, has been seen by many as yet another sell out of the fishing industry. Also, the reported clash between Michael Gove and Chancellor Philip Hammond over the use of fisheries as a bargaining chip in the wider Brexit negotiations has done little to lessen their fears. Both Chancellor Angela Merkel and President Emmanuel Macron have expressed that they will fight for their respective fishing industries to achieve the best possible post-Brexit deal. This has left many UK fishermen in a state of shock and disbelief, fearing now that the industry will once again be used as a pawn in achieving a favourable Brexit deal with the EU. It must be made absolutely clear that the UK post-Brexit WILL have an exclusive 200nm/ median line economic zone; and the UK fishing industry, finally will have exclusive access to the UK territorial seas out to 12 nm.
The UK Government will have the absolute power to decide on who will be granted access, and under what conditions. Granting of reciprocal access to foreign vessels is a common practice in bilateral fisheries negotiations; where access can be granted on historical use of the area, quota swaps, and or, if there are exploitation pattern gains to be had in relation to catching older and larger fish.It is a common acknowledgment within the fishing industry, that everything is paid for by what is caught in the net, and landed on the market. The main focus for the catching sector, irrespective of Brexit is to identify exclusive UK stocks, and quantify zonal attachment for stocks that are deemed to be shared.
Realigning Relative State allocations in relation to ecosystem creep is of utmost importance; as a means of mitigating the possibility for chokes species such as NS hake, and area VIIE haddock and VIID cod. This is especially important in respect to the Landings Obligation/Discard Ban, which comes into full force in 2019.
The UK government has commissioned work into mapping the extent of zonal attachment for stocks shared with the EU and other parties such as Norway/Faeroe. This is an assignment that the UK should not pursue alone, if there is to be any chance of reaching a consensus and ratification by all parts. This work needs to be undertaken in a joint EU-UK working group, and under the scrutiny of an unbiased third party such as ICES, and with observers from countries such as USA and Canada. ICES have informed that they have not received any request from the UK Government to assist in this important and necessary work on defining zonal attachment.Should the Government decide to use UK fish resources as a bargaining chip, then it's important to quantify how much fish, and for what it is being traded for"
Do we have an answer yet from Defra? Where is the UK today on this crucial aspect of Brexit and the UK fishing industry?
Sunday, 13 January 2019
Commercial fishing and marketing of seafood if there’s no Brexit deal
Fish exports to the EU. |
What the fishing, seafood and aquaculture industries need to do to prepare for rules and processes that will apply if the UK leaves the EU with no deal.
Rules for access to waters from 29 March 2019
When the UK leaves the EU, it will control and manage access to fish in UK waters, and be responsible for managing our:
- territorial waters (out to 12 nautical miles)
- Exclusive Economic Zone (out to 200 nautical miles or the median line with other states)
The UK will make sure that fisheries control and enforcement continue.
UK waters
There will be no change to your rights and responsibilities if you have a UK-registered vessel fishing in UK waters. You must continue to comply with the law and the conditions of your licence, including the economic link criteria.
Non-UK-registered vessels will no longer have automatic access to UK waters (subject to any existing agreements covering territorial waters).
EU and third country waters
There will be no automatic access for UK-registered vessels to fish in EU or third country waters (subject to any existing agreements covering territorial waters).
Quota allocations and fishing opportunities
If you’re a UK quota holder, the UK fisheries administrations will tell you what your allocation will be. They’ll aim to do this in March 2019.
The government will also confirm arrangements for:
- non-quota shellfish (scallops and edible/spider crabs)
- demersal species under the Western Waters effort regime.
There will be no automatic access for:
- the UK Fisheries Administrations to exchange fishing opportunities with EU member states
- for EU member states to exchange fishing opportunities with the UK
North-East Atlantic Fisheries Commission (NEAFC) Convention Area
You can prepare for the UK joining the NEAFC. For UK-registered vessels to continue fishing in the convention area, and landing into the EU, you must hold a current UK domestic licence. You’ll need this before you can apply for an international licence from the relevant fisheries authority.
Please contact your local fisheries authority office if you want further guidance on fishing internationally. You’ll also need to register with the NEAFC’s electronic Port State Control system and complete the Port State Control 1 forms.
Regional fisheries management organisations (RFMOs)
The UK will join all relevant RFMOs as quickly as possible - it will no longer be a member of RFMOs through EU membership.
The joining process may take up to 6 months, so there may be a gap in our membership.
During this time, UK vessels may not be able to fish in international waters covered by RFMOs. We’ll keep fishermen informed of progress and what the outcome of a decision will mean in practice.
Access to ports
If you have a UK-registered vessel, you’ll no longer have an automatic right to land fish in any EU port. You’ll be allowed access to EU designated ports for:
- port services
- landings
- transhipment
- the use of market facilities (where vessels meet EU requirements on illegal, unreported and unregulated fishing)
You must notify the relevant Fisheries Monitoring Centre of your intention to arrive into a designated port. You must notify vessel and catch related information.
You’ll be allowed access to EU designated ports and third country ports without first telling the port of your plan to visit in cases:
Your vessel may be inspected. This could include:
- of distress
- if there’s an unexpected event (force majeure)
- a full document check
- inspection of the catch
- database checks (if you’ve supplied information electronically)
EU and third country vessels landing into UK ports
Non-UK vessels, including EU vessels, will need to follow the same rules that will apply to UK-registered vessels accessing an EU port. For example, they’ll need to give notice of their plans to land, except in cases of distress and unexpected events (force majeure).
EU vessels fishing in the NEAFC Convention Area and landing into the UK will need to complete a Port State Control 1 form.
Import and export of fishery products
You’ll need a catch certificate for importing or exporting most fish and fish products between the UK and EU.
You will not need a catch certificate for trade:
- in some aquaculture products
- freshwater fish
- some molluscs
- fish fry
- larvae
Use the detailed guidance to check when you’ll need a catch certificate and the rules for exemptions.
The rules on illegal, unreported and unregulated fishing will not change.
Exporting UK-caught fish and fishery products to the EU
You’ll need a catch certificate with each consignment of fish or fishery products you export to the EU. It will be your responsibility as the exporter to complete a catch certificate.
If the consignment will be sourced from more than one UK vessel, you’ll need to complete a Multiple Vessel Schedule.
You’ll need to submit this along with the catch certificate.
Vessel owners or skippers making direct landings of UK vessels into EU ports will also need to issue a catch certificate.
You’ll need verification for the content of a catch certificate from the UK fisheries authority where the vessel is licensed. You will need this before submitting the content to the competent authority in the EU country of import. The UK fisheries authorities are:
- the Marine Management Organisation (MMO) in England
- Marine Scotland
- the Department of Agriculture, the Environment and Rural Affairs (DAERA) in Northern Ireland
- Welsh Government
The UK fisheries authorities are developing an IT system to deal with the increase in export catch certificates.
Importing EU-caught fish and fishery products to the UK
For EU imports, you’ll need a catch certificate for each:
- consignment
- direct landing of fish or fishery products .
The exporter will have to submit the certificate to the Port Health Authorities or relevant fisheries authority.
The certificate will need to be checked at least 3 working days before the estimated arrival time into the UK. This deadline could be adapted to take account of the type of fishery or distance from fishing ground to port.
Labelling and marketing of fishery and aquaculture products
The rules and standards for labelling and marketing in the EU and UK will stay the same. See the existing guidance on:
- fish sold for human consumption
- fish and aquaculture products
The roles of Producer Organisations will also stay the same.
European Maritime and Fisheries Fund (EMFF)
The UK government has guaranteed that all EMFF projects approved before 31 December 2020 will be fully funded.
Eels and eel products
Trade in the European eel (Anguilla anguilla), within and outside the EU, will remain subject to the Convention on International Trade in Endangered Species (CITES). This means the UK will not be able to import or export European eel. Most of the eel (Anguilla japonica) consumed in the UK is imported from China and so the impact on consumers should be limited.
Published 10 January 2019
Published 10 January 2019
Thursday, 10 January 2019
Brexit no deal? Fishing industry encouraged to get ready for EU catch certificates
Fishing industry encouraged to get ready for EU catch certificates in the event of a no deal. Advice on preparing for the introduction of catch certificates part of contingency planning.
The fishing industry is being encouraged to start preparing their businesses for EU Exit to ensure they can continue to import and export fish and fish products, once the UK leaves the EU.
Delivering the deal negotiated with the EU remains the Government’s top priority. This has not changed. However, the Government must prepare for every eventuality, including a no deal scenario.
From 29 March 2019, in the event of a no deal, most fish and fish products will require a catch certificate for import or export between the UK and EU. This also applies to fishermen who land fish directly into EU ports.
Catch certificates prove that fish has been caught in line with established conservation and management measures. All non-EU countries are required to present catch certificates when trading with the EU.
Under the requirements, on leaving the EU:
In addition to documents required under IUU regulations, businesses will also need to follow additional steps to comply with health and customs regulations, in the event of a ‘no deal’ EU Exit.
To plan ahead for creating a catch certificate, businesses and individuals that export fish products to the EU will need to know the:
Fishermen and fishing businesses can stay up to date with the latest advice on importing and exporting after EU Exit on GOV.UK.
The fishing industry is being encouraged to start preparing their businesses for EU Exit to ensure they can continue to import and export fish and fish products, once the UK leaves the EU.
Delivering the deal negotiated with the EU remains the Government’s top priority. This has not changed. However, the Government must prepare for every eventuality, including a no deal scenario.
From 29 March 2019, in the event of a no deal, most fish and fish products will require a catch certificate for import or export between the UK and EU. This also applies to fishermen who land fish directly into EU ports.
Catch certificates prove that fish has been caught in line with established conservation and management measures. All non-EU countries are required to present catch certificates when trading with the EU.
Under the requirements, on leaving the EU:
- UK exporters will be required to obtain a validated catch certificate to accompany their exports of most fish or fish products into the EU (excluding some aquaculture products, freshwater fish, some molluscs, fish fry or larvae)
- Importers will have to submit an import catch certificate to the Port Health Authorities or relevant fisheries authority to be checked before the estimated arrival time into the UK;
- Exporters may also need to obtain supporting documents if the fish has been processed or stored in a country that’s not the flag state;
- A new IT system to process and issue export catch certificates, and other supporting documentation, is being developed to help streamline the process. Exporters will receive full instructions on how to register and use the new system before we leave the EU. Import catch certificates will continue to be processed through the current paper-based system.
In addition to documents required under IUU regulations, businesses will also need to follow additional steps to comply with health and customs regulations, in the event of a ‘no deal’ EU Exit.
To plan ahead for creating a catch certificate, businesses and individuals that export fish products to the EU will need to know the:
- species,
- vessel that caught it,
- date it was landed,
- weight of the consignment.
Fishermen and fishing businesses can stay up to date with the latest advice on importing and exporting after EU Exit on GOV.UK.
Tuesday, 30 October 2018
UK Commercial Fishing - In the event of a 'no-deal Brexit'!
A scenario in which the UK leaves the EU without agreement (a ‘no deal’ scenario) remains unlikely given the mutual interests of the UK and the EU in securing a negotiated outcome.
Negotiations are progressing well and both we and the EU continue to work hard to seek a positive deal. However, it’s our duty as a responsible government to prepare for all eventualities, including ‘no deal’, until we can be certain of the outcome of those negotiations.
For two years, the government has been implementing a significant programme of work to ensure the UK will be ready from day 1 in all scenarios, including a potential ‘no deal’ outcome in March 2019.
It has always been the case that as we get nearer to March 2019, preparations for a no deal scenario would have to be accelerated. Such an acceleration does not reflect an increased likelihood of a ‘no deal’ outcome. Rather it is about ensuring our plans are in place in the unlikely scenario that they need to be relied upon.
This series of technical notices sets out information to allow businesses and citizens to understand what they would need to do in a ‘no deal’ scenario, so they can make informed plans and preparations.
This guidance is part of that series.
Also included is an overarching framing notice explaining the government’s overarching approach to preparing the UK for this outcome in order to minimise disruption and ensure a smooth and orderly exit in all scenarios.
We are working with the devolved administrations on technical notices and we will continue to do so as plans develop.
Purpose
This notice sets out how the commercial fishing industry (the commercial catching of fish, as well as the marketing of fish and seafood) would be affected if the UK leaves the EU without a deal in March 2019.
Before 29 March 2019
The commercial catching of fish and marketing of fish and seafood, including the farming of fish, crustaceans, molluscs, aquatic plants and algae (aquaculture), is regulated by the European Union’s Common Fisheries Policy (CFP). The European Maritime and Fisheries Fund (EMFF) provides money, including industry grants, to member states for certain fisheries activities.
After March 2019 if there’s no deal
When we leave the EU, the UK will formally leave the CFP and introduce our own fisheries policies. The government’s White Paper, Sustainable Fisheries for Future Generations, published on 4 July 2018, sets out a clear direction for a sustainable and profitable fishing industry. The White Paper also states the government’s intention to move away from the “relative stability” towards a fairer and more scientific method for quota allocation, regardless of exit scenario.
The EU Withdrawal Act 2018 will ensure EU law is transferred into UK law and continues to have effect so that we have a functioning statute book from the day we leave. Defra, together with the Devolved Administrations, is currently preparing secondary legislation (under the Withdrawal Act) to ensure the law works in the UK after we leave.
The UK will assume the rights and obligations of an independent coastal state under the UN Convention on the Law of the Sea (UNCLOS) relating to our territorial waters (out to 12 nautical miles) and Exclusive Economic Zone (out to 200 nautical miles or the median line with other states). We will be responsible for managing natural marine resources in these areas, and be able to control and manage access to fish in UK waters. We will meet our international obligations under UNCLOS to cooperate with other coastal states over the management of shared stocks. We will ensure that appropriate fisheries control and enforcement measures continue.
Access to waters
Access to ports
UK-registered vessels landing into EU and third country ports
UK-registered vessels will no longer have an automatic right to land fish in any EU port. Access will be permitted to EU designated ports for port services, landings, transhipment and the use of market facilities where vessels meet EU requirements governing illegal, unreported and unregulated fishing. UK-registered vessels will have to notify their intention to visit an EU designated port and present information relating to the vessel and catch on board. UK vessels may be subject to inspection: this could include a full document check, inspection of the catch and, where information has been provided electronically, database checks.
Access to EU and third country ports by UK-registered vessels will be permitted without prior notice in cases of distress or force majeure.
In anticipation of our joining the North-East Atlantic Fisheries Commission (NEAFC), UK-registered vessels wishing to continue fishing in the NEAFC Convention Area and landing into the EU will have to complete Port State Control 1 forms, available on the NEAFC website.
EU and third country vessels landing into UK ports
Access to UK ports for non-UK vessels, including EU vessels, will be subject to equivalent requirements to those outlined above. They will be required to provide notice of the intention to land into a designated port in the UK, except in cases of distress and force majeure.
EU vessels fishing in the NEAFC Convention Area and landing into the UK would need to complete a Port State Control 1 form.
Regional fisheries management organisations (RFMOs)
The UK will no longer be a member of RFMOs through EU membership. As an independent coastal state, we will join all relevant RFMOs as quickly as possible.
The process of joining RFMOs and ratifying their conventions may take up to 6 months: there may, therefore, be a short gap in our membership. During this time, UK vessels may not be able to fish in international waters covered by RFMOs.
European Maritime and Fisheries Fund (EMFF)
The UK government has guaranteed that in a ‘no deal’ scenario all structural and investment fund projects, including EMFF projects, approved before 31 December 2020 will be fully funded.
Labelling and marketing of fishery and aquaculture products
All common marketing standards for fish sold for human consumption - whether in the UK or the EU - will remain the same, including those governing quality, size, weight, packing, presentation or labelling and minimum marketing sizes. All labelling requirements for fish and aquaculture products for onward sale in the UK or EU will also remain the same (whether they were whole, filleted, or processed). This will include the requirement to show on labels the name of the fish, the date and method of its capture (fishing gear or farming method), whether it was wild or farmed, defrosted or fresh.
The responsibilities of Producer Organisations to promote sustainable fishing activities, market members’ products, build relationships with the supply chain, and where appropriate, manage quota, will remain unchanged.
Import and export of fishery products
Trade in fishery products obtained from illegal, unreported and unregulated fishing will remain prohibited. Most fish and fish products will require a catch certificate for import or export between the UK and EU. A catch certificate is not required for trade in some aquaculture products, freshwater fish, some molluscs, fish fry or larvae. Specific additional measures relevant to the import and export of fishery products from and to the EU are listed below:
Anyone importing or exporting fish or fishery products should also reference the relevant technical notices relating to the import and export of animal products.
More information
The European Commission maintains a list of designated ports for third country landings on its website. Further information on access to EU ports and the laws on Illegal, Unreported and Unregulated (IUU) fishing can be found in Regulation (EC) No 1005/2008, Chapter II, Section I.
You should also refer to guidance on catch certificates and advice on food labelling. Importers and exporters of fish and fishery products should also refer to other relevant technical notices.
This notice is meant for guidance only. You should consider whether you need separate professional advice before making specific preparations.
It is part of the government’s ongoing programme of planning for all possible outcomes. We expect to negotiate a successful deal with the EU.
The UK government is clear that in this scenario we must respect our unique relationship with Ireland, with whom we share a land border and who are co-signatories of the Belfast Agreement. The UK government has consistently placed upholding the Agreement and its successors at the heart of our approach. It enshrines the consent principle on which Northern Ireland’s constitutional status rests. We recognise the basis it has provided for the deep economic and social cooperation on the island of Ireland. This includes North-South cooperation between Northern Ireland and Ireland, which we’re committed to protecting in line with the letter and spirit of Strand two of the Agreement.
The Irish government have indicated they would need to discuss arrangements in the event of no deal with the European Commission and EU member states. The UK would stand ready in this scenario to engage constructively to meet our commitments and act in the best interests of the people of Northern Ireland, recognising the very significant challenges that the lack of a UK-EU legal agreement would pose in this unique and highly sensitive context.
It remains, though, the responsibility of the UK government, as the sovereign government in Northern Ireland, to continue preparations for the full range of potential outcomes, including no deal. As we do, and as decisions are made, we’ll take full account of the unique circumstances of Northern Ireland.
Norway, Iceland and Liechtenstein are party to the Agreement on the European Economic Area and participate in other EU arrangements. As such, in many areas, these countries adopt EU rules. Where this is the case, these technical notices may also apply to them, and EEA businesses and citizens should consider whether they need to take any steps to prepare for a ‘no deal’ scenario.
Looking out for UK fishermen |
Negotiations are progressing well and both we and the EU continue to work hard to seek a positive deal. However, it’s our duty as a responsible government to prepare for all eventualities, including ‘no deal’, until we can be certain of the outcome of those negotiations.
For two years, the government has been implementing a significant programme of work to ensure the UK will be ready from day 1 in all scenarios, including a potential ‘no deal’ outcome in March 2019.
It has always been the case that as we get nearer to March 2019, preparations for a no deal scenario would have to be accelerated. Such an acceleration does not reflect an increased likelihood of a ‘no deal’ outcome. Rather it is about ensuring our plans are in place in the unlikely scenario that they need to be relied upon.
This series of technical notices sets out information to allow businesses and citizens to understand what they would need to do in a ‘no deal’ scenario, so they can make informed plans and preparations.
This guidance is part of that series.
Also included is an overarching framing notice explaining the government’s overarching approach to preparing the UK for this outcome in order to minimise disruption and ensure a smooth and orderly exit in all scenarios.
We are working with the devolved administrations on technical notices and we will continue to do so as plans develop.
Purpose
This notice sets out how the commercial fishing industry (the commercial catching of fish, as well as the marketing of fish and seafood) would be affected if the UK leaves the EU without a deal in March 2019.
Before 29 March 2019
The commercial catching of fish and marketing of fish and seafood, including the farming of fish, crustaceans, molluscs, aquatic plants and algae (aquaculture), is regulated by the European Union’s Common Fisheries Policy (CFP). The European Maritime and Fisheries Fund (EMFF) provides money, including industry grants, to member states for certain fisheries activities.
After March 2019 if there’s no deal
When we leave the EU, the UK will formally leave the CFP and introduce our own fisheries policies. The government’s White Paper, Sustainable Fisheries for Future Generations, published on 4 July 2018, sets out a clear direction for a sustainable and profitable fishing industry. The White Paper also states the government’s intention to move away from the “relative stability” towards a fairer and more scientific method for quota allocation, regardless of exit scenario.
The EU Withdrawal Act 2018 will ensure EU law is transferred into UK law and continues to have effect so that we have a functioning statute book from the day we leave. Defra, together with the Devolved Administrations, is currently preparing secondary legislation (under the Withdrawal Act) to ensure the law works in the UK after we leave.
The UK will assume the rights and obligations of an independent coastal state under the UN Convention on the Law of the Sea (UNCLOS) relating to our territorial waters (out to 12 nautical miles) and Exclusive Economic Zone (out to 200 nautical miles or the median line with other states). We will be responsible for managing natural marine resources in these areas, and be able to control and manage access to fish in UK waters. We will meet our international obligations under UNCLOS to cooperate with other coastal states over the management of shared stocks. We will ensure that appropriate fisheries control and enforcement measures continue.
Access to waters
- Access to fish in UK waters: While non-UK-registered vessels will no longer enjoy automatic access to UK waters (subject to any existing agreements relating to territorial waters), there will be no change to the rights and responsibilities of UK-registered vessels fishing in UK waters. They must continue to abide by the relevant legislation and licence conditions, including the economic link criteria.
- Access to fish in EU and third country waters: There will be no automatic access for UK-registered vessels to fish in EU or third country waters (subject to any existing agreements relating to territorial waters).
- Fishing opportunities for UK vessels in UK waters: UK Fisheries Administrations will tell UK quota holders what their quota allocation will be. The government will also confirm arrangements for those who fish for non-quota shellfish (scallops and edible/spider crabs) and demersal species under the Western Waters effort regime. UK Fisheries Administrations inform quota holders of their allocations in March each year and will seek to do so in 2019 to minimise disruption to fishing and allow fishermen to plan for the year. There will be no automatic access to exchanging fishing opportunities with EU member states, and no automatic access for EU member states to exchange fishing opportunities with the UK.
Access to ports
UK-registered vessels landing into EU and third country ports
UK-registered vessels will no longer have an automatic right to land fish in any EU port. Access will be permitted to EU designated ports for port services, landings, transhipment and the use of market facilities where vessels meet EU requirements governing illegal, unreported and unregulated fishing. UK-registered vessels will have to notify their intention to visit an EU designated port and present information relating to the vessel and catch on board. UK vessels may be subject to inspection: this could include a full document check, inspection of the catch and, where information has been provided electronically, database checks.
Access to EU and third country ports by UK-registered vessels will be permitted without prior notice in cases of distress or force majeure.
In anticipation of our joining the North-East Atlantic Fisheries Commission (NEAFC), UK-registered vessels wishing to continue fishing in the NEAFC Convention Area and landing into the EU will have to complete Port State Control 1 forms, available on the NEAFC website.
EU and third country vessels landing into UK ports
Access to UK ports for non-UK vessels, including EU vessels, will be subject to equivalent requirements to those outlined above. They will be required to provide notice of the intention to land into a designated port in the UK, except in cases of distress and force majeure.
EU vessels fishing in the NEAFC Convention Area and landing into the UK would need to complete a Port State Control 1 form.
Regional fisheries management organisations (RFMOs)
The UK will no longer be a member of RFMOs through EU membership. As an independent coastal state, we will join all relevant RFMOs as quickly as possible.
The process of joining RFMOs and ratifying their conventions may take up to 6 months: there may, therefore, be a short gap in our membership. During this time, UK vessels may not be able to fish in international waters covered by RFMOs.
European Maritime and Fisheries Fund (EMFF)
The UK government has guaranteed that in a ‘no deal’ scenario all structural and investment fund projects, including EMFF projects, approved before 31 December 2020 will be fully funded.
Labelling and marketing of fishery and aquaculture products
All common marketing standards for fish sold for human consumption - whether in the UK or the EU - will remain the same, including those governing quality, size, weight, packing, presentation or labelling and minimum marketing sizes. All labelling requirements for fish and aquaculture products for onward sale in the UK or EU will also remain the same (whether they were whole, filleted, or processed). This will include the requirement to show on labels the name of the fish, the date and method of its capture (fishing gear or farming method), whether it was wild or farmed, defrosted or fresh.
The responsibilities of Producer Organisations to promote sustainable fishing activities, market members’ products, build relationships with the supply chain, and where appropriate, manage quota, will remain unchanged.
Import and export of fishery products
Trade in fishery products obtained from illegal, unreported and unregulated fishing will remain prohibited. Most fish and fish products will require a catch certificate for import or export between the UK and EU. A catch certificate is not required for trade in some aquaculture products, freshwater fish, some molluscs, fish fry or larvae. Specific additional measures relevant to the import and export of fishery products from and to the EU are listed below:
- Exports of UK-caught fish and fishery products to the EU: The EU will require exporters to issue a catch certificate with each consignment of fish or fishery products exported to the EU. It will be the responsibility of the exporter to complete a catch certificate. If the consignment were sourced from more than one UK vessel, a Multiple Vessel Schedule would need to be completed and submitted alongside the catch certificate. Vessel owners or skippers making direct landings of UK vessels into EU ports will also need to issue a catch certificate. The content of a catch certificate will need to be verified by the UK fisheries authority where the vessel is licensed before being submitted to the competent authority in the EU country of import. The UK fisheries authorities are the Marine Management Organisation in England, Marine Scotland, the Department of Agriculture, the Environment and Rural Affairs in Northern Ireland and the Welsh Government. The UK fisheries authorities are developing an IT system to facilitate the increase in export catch certificates.
- Imports of EU-caught fish and fishery products to the UK: Each consignment or direct landing of fish or fishery products imported into the UK from the EU will require a catch certificate. The exporters will have to submit the certificate to the Port Health Authorities or relevant fisheries authority to be checked at least three working days before the estimated arrival time into the UK. This deadline could be adapted to take into account the type of fishery or distance from fishing ground to port, for example.
- Eels and eel products: Trade in the European eel (Anguilla anguilla), within and outside the EU, will remain subject to the Convention on International Trade in Endangered Species (CITES) and allowed only where it is shown not to be detrimental to the wild population. As there is currently no non-detriment finding for the population, the UK will not be able to import or export European eel. Most of the eel (Anguilla japonica) consumed in the UK is imported from China and so the impact on consumers should be limited.
Anyone importing or exporting fish or fishery products should also reference the relevant technical notices relating to the import and export of animal products.
More information
The European Commission maintains a list of designated ports for third country landings on its website. Further information on access to EU ports and the laws on Illegal, Unreported and Unregulated (IUU) fishing can be found in Regulation (EC) No 1005/2008, Chapter II, Section I.
You should also refer to guidance on catch certificates and advice on food labelling. Importers and exporters of fish and fishery products should also refer to other relevant technical notices.
This notice is meant for guidance only. You should consider whether you need separate professional advice before making specific preparations.
It is part of the government’s ongoing programme of planning for all possible outcomes. We expect to negotiate a successful deal with the EU.
The UK government is clear that in this scenario we must respect our unique relationship with Ireland, with whom we share a land border and who are co-signatories of the Belfast Agreement. The UK government has consistently placed upholding the Agreement and its successors at the heart of our approach. It enshrines the consent principle on which Northern Ireland’s constitutional status rests. We recognise the basis it has provided for the deep economic and social cooperation on the island of Ireland. This includes North-South cooperation between Northern Ireland and Ireland, which we’re committed to protecting in line with the letter and spirit of Strand two of the Agreement.
The Irish government have indicated they would need to discuss arrangements in the event of no deal with the European Commission and EU member states. The UK would stand ready in this scenario to engage constructively to meet our commitments and act in the best interests of the people of Northern Ireland, recognising the very significant challenges that the lack of a UK-EU legal agreement would pose in this unique and highly sensitive context.
It remains, though, the responsibility of the UK government, as the sovereign government in Northern Ireland, to continue preparations for the full range of potential outcomes, including no deal. As we do, and as decisions are made, we’ll take full account of the unique circumstances of Northern Ireland.
Norway, Iceland and Liechtenstein are party to the Agreement on the European Economic Area and participate in other EU arrangements. As such, in many areas, these countries adopt EU rules. Where this is the case, these technical notices may also apply to them, and EEA businesses and citizens should consider whether they need to take any steps to prepare for a ‘no deal’ scenario.
Labels:
Brexit,
no deal,
UK fishing
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