MS, Cabinet Minister for
Rural Resilience and Sustainability: Members of the Senedd will
wish to be aware that we are giving consent to the Secretary of
State exercising a subordinate legislation-making power in a
devolved area in relation to Wales.
The Regulations will be made under sections 36 and 51 of the
Fisheries Act 2020 and Articles 27 and 28 of Council Regulation
(EC) No 1005/2008.
Following the UK's exit from the EU, Illegal Unreported and
Unregulated (IUU) Fishing Regulation (1005/2008) was retained and
assimilated into UK law. The UK government plans to amend the IUU
Fishing Regulation and associated documents required to accompany
consignments of fish and fishery products imported into the UK.
This will ensure the UK exporters can provide EU importers with
all the required information for re-export to the EU.
The purpose of this amendment is to strengthen the UK's import
regime and prevent seafood caught from IUU sources entering the
UK supply chain. In addition, it will mandate the use of the UK's
digital systems by UK importers to increase the transparency and
traceability of seafood products entering the UK.
The amendment also includes a provision to update the IUU Vessel
List which identifies vessels who engaged in IUU fishing. This
will strengthen border controls and ensure the UK can uphold its
international commitments to the Agreement on Port State Measures
and include all vessels listed by Regional Fisheries Management
Organisations onto the UK list. This will include 51 vessels and
remove 4 vessels.
Agreement was sought by of Ullock, Parliamentary
Under Secretary of State, to make the Sea Fisheries (Amendment
and Transitional Provision) Regulations 2026 (the Regulations').
The Regulations apply to Wales, England, Scotland and Northern
Ireland.
Although the Welsh Government's general principle is that laws
relating to devolved matters should be made in Wales, in this
instance it is considered appropriate for the Secretary of State
to legislate on a UK-wide basis.
The necessary changes are required following an agreement reached
between the UK and EU, and as a result the implementation is an
international obligation. A UKSI would allow the UK to meet its
obligations to implement these changes as soon as practicable. A
UK-wide approach ensures timely implementation and policy
continuity, providing a level playing field for fishers across
the UK.
The Regulations are
subject to the negative procedure and were laid before the UK
Parliament on 29 October 2026. There is no policy divergence
between the Welsh and UK Government in this matter, and the
Regulations amend assimilated legislation that was not made
bilingually. The Regulations neither impact on the
legislative competence of the Senedd nor the executive competence
of the Welsh Ministers.
