Llyr Gruffydd 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 Baroness Hayman 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.