Irish Statutory Instruments

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th June, 2013.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by sections 3 and 14 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006) and the Sea-Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 ( S.I. No. 707 of 2007 ) (as adapted by the Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 455 of 2011 )), for the purpose of giving full effect to Council Regulation (EC) No. 811/2004 of 21 April 2004¹ as amended by Council Regulation (EC) No. 1224/2009 of 20 November 2009² and Council Regulation (EC) No. 1342/2008 of 18 December 2008³ as amended by Council Regulation (EC) No. 1224/2009 of 20 November 2009 and Council Regulation (EU) No. 1243/2012 of 19 December 2012⁴ , hereby make the following regulations:

1. These Regulations may be cited as the Sea-Fisheries (Community Control System) (Amendment) Regulations 2013.

2. The Sea-Fisheries (Community Control System) Regulations 2012 ( S.I. No. 320 of 2012 ) (as amended by the Sea-Fisheries (Community Control System) (Amendment) Regulations 2012 ( S.I. No. 453 of 2012 )) is amended-

(a) in Regulation 2(1), by inserting-

(i) before the definition of “Commission Regulation” - the following-

“ ‘Cod Regulation’ means Council Regulation (EC) No. 1342/2008 of 18 December 2008;”

(ii) after the definition of “Council Regulation” - the following-

“ ‘Hake Regulation’ means Council Regulation (EC) No. 811/2004 of 21 April 2004;”

(b) by substituting Regulation 2(2) for the following-

“(2) A word or expression that is used in the Cod Regulation, the Commission Regulation, the Council Regulation or the Hake Regulation and is also used in these Regulations, has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Cod Regulation, the Commission Regulation, the Council Regulation or the Hake Regulation, as the case may be.”

(c) by substituting for Regulation 9 the following-

“(1) The ports designated within the State for the purposes of Article 25 of the Cod Regulation, Article 43(4) of the Council Regulation, Article 79 of the Commission Regulation and Article 9 of the Hake Regulation are set out in the Schedule.

(2) A person shall not land fish species subject to a multiannual plan in accordance with Article 43 of the Council Regulation or pelagic fish referred to in Article 78 of the Commission Regulation except in a port referred to in paragraph (1).”, and

(d) by substituting the title of the Schedule for the following-

“Regulation 9

SCHEDULE

List of designated ports in the State for the purposes of Article 25 of the Cod Regulation, Article 43(4) of the Council Regulation, Article 79 of the Commission Regulation and Article 9 of the Hake Regulation.”.

3. The Sea-Fisheries (Control on Fishing for Hake) Regulations 2008 ( S.I. No. 418 of 2008 ) are revoked.

GIVEN under my Official Seal,

23 May 2013.

SIMON COVENEY,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations have the purpose of giving effect to the provisions of Council Regulation (EC) No. 811/2004 of 21 April 2004 and Council Regulation (EC) No. 1342/2008 of 18 December 2008 which requires that landings of Hake or Cod of 2 tonnes or more be landed in designated ports.

1 OJ L150, 30.04.2004, p.1

2OL L343, 22.12.2009, p.1

3OL L348, 24.12.2008, p.20

4OL L352, 21.12.2012, p.10