Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 27th September, 2011.

I, SIMON COVENEY, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by sections 3 , 12 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 and Food (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 705 of 2007 ), for the purpose of giving full effect to those provisions of Annex III to Council Regulation (EC) No. 43/2009 of 16 January 2009¹ as amended by Council Regulation (EC) No 753/2009 of 27 July 2009² and Council Regulation (EC) No. 1288/2009 of 27 November 2009³ (which is amended by Regulation (EU) No. 579/2011⁴ of the European Parliament and of the Council of 8 June 2011) hereby make the following regulations:

1. These Regulations may be cited as the Sea-Fisheries (Technical Measures) Regulations 2011.

2. (1) In these Regulations "Technical Measures Regulation" means those provisions of Annex III to Council Regulation (EC) No. 43/2009 of 16 January 20091 as amended by Council Regulation (EC) No 753/2009 of 27 July 20092 and Council Regulation (EC) No. 1288/2009 of 27 November 20093 (which is amended by Regulation (EU) No. 579/2011 of the European Parliament and of the Council of 8 June 20114).

(2) A word or expression that is used in the Technical Measures Regulation and that is also used in these Regulations has, in these Regulations, the same meaning as it has in the Technical Measures Regulation.

(3) These Regulations do not bind the State.

3. A person shall not contravene the Technical Measures Regulation in relation to-

(i) a sea-fishing boat within the exclusive fishery limits of the State,

(ii) an Irish sea-fishing boat wherever it may be, or

(iii) a person engaged in buying, handling, weighing, transhipping, transporting, landing, processing, storing, documenting or selling fish within the State or the exclusive fishery limits of the State.

4. The Sea-Fisheries (Technical Measures) Regulations ( S.I. No. 51 of 2010 ) are revoked.

GIVEN under my Official Seal,

22 September 2011.

SIMON COVENEY,

Minister for Agriculture, Fisheries and Food.

EXPLANATORY NOTE

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

The effect of these regulations is to extend for eighteen months existing technical measures.

1 O.J. No. L 22 of 26.1.2009, 1.

2 O.J. No. L 214 of 19.8.2009, 1.

3 O.J. No. L 347 of 24.12.2009, 6.

4 O.J. No. L 165 of 24.6.2011, 1.