2003R1438 — EN — 01.05.2004 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 1438/2003
of 12 August 2003
laying down implementing rules on the Community Fleet Policy as defined in Chapter III of
Council Regulation (EC) No 2371/2002
(OJ L 204, 13.8.2003, p. 21)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 916/2004 of 29 April 2004 L 163 81 30.4.2004
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COMMISSION REGULATION (EC) No 1438/2003
of 12 August 2003
laying down implementing rules on the Community Fleet Policy as
defined in Chapter III of Council Regulation (EC) No 2371/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploitation offisheries resources under the Common Fisheries Policy (
1), and in parti-
cular Article 11(5), Article 12(2), Article 13(3) and Article 14(2)
thereof,
Whereas:
(1) The adjustment in fishing capacity of the Community fishing
fleet should be monitored closely to bring it into line with theavailable resources. To that end, Chapter III of Regulation (EC)No 2371/2002 sets out a number of specific measures.
(2) Rules should be laid down to ensure the correct implementationof Chapter III of Regulation (EC) No 2371/2002 by the MemberStates, taking into account all relevant parameters for themanagement of fleet capacity, in terms of tonnage (GT) and
power (kW), provided for in that Regulation and also in Council
Regulation (EC) No 2369/2002 of 20 December 2002 amendingRegulation (EC) No 2792/1999 laying down the detailed rulesand arrangements regarding Community structural assistance inthe fisheries sector (
2).
(3) Reference levels for fishing capacity should be fixed at 1January 2003 for the fleet of each Member State, with the excep-tion of its fleet registered in the outermost regions.
(4) It is necessary to establish rules for the adjustment of the refer-
ence levels to take account of Article 11(4) and (5), Article
13(2) and, for reasons of transparency, Article 13(1)(b)(ii) ofRegulation (EC) No 2371/2002 and of the re-measurement ofthe Community fleet which is to be completed by the end ofthe year 2003 in accordance with Council Regulation (EEC) No2930/86 of 22 September 1986 defining characteristics for
fishing vessels (
3), as amended by Regulation (EC) No 3259/
94 (4).
(5) It is necessary to establish rules to assess whether Member Stateswho grant renewal aid after 1 January 2003 comply with the
obligation to reduce their reference level of 1 January 2003 by
3 % on 1 January 2005.
(6) Requests by Member States submitted to the Commission before31 December 2002 to increase their objectives in the Fourth
Multiannual Guidance Programme (MAGP IV), as provided for
in Article 6(2) of Council Regulation (EC) No 2792/1999 (
5), as
amended by Regulation (EC) No 179/2002 (6), and Article 3 and
Article 4(2) of Council Decision 97/413/EC (7), as amended by
Decision 2002/70/EC (8), are to be taken into account where
appropriate for the determination of reference levels.
(7) It is necessary to establish a calculation method in order toassess whether Member States manage entries into and exits2003R1438 — EN — 01.05.2004 — 001.001 — 2
(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 358, 31.12.2002, p. 49.
(3) OJ L 274, 25.9.1986, p. 1.
(4) OJ L 339, 29.12.1994, p. 11.
(5) OJ L 337, 30.12.1999, p. 10.
(6) OJ L 31, 1.2.2002, p. 25.
(7) OJ L 175, 3.7.1997, p. 27.
(8) OJ L 31, 1.2.2002, p. 77.
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from their fleet of fishing vessels in compliance with Regulation
(EC) No 2371/2002.
(8) For the calculation of the overall fishing capacity of the fleet at1 January 2003 special treatment should be given to entries intothe fleet of vessels for which an administrative decision wastaken between 1 January 2000 and 31 December 2002 in confor-mity with the legislation applicable at that time and inaccordance with the national entry/exit regime notified to the
Commission under Article 6 of Decision 97/413/EC, provided
that those vessels enter the fleet not later than three years afterthe date of the administrative decision by the concerned MemberState.
(9) Implementing rules are needed for decisions by Member States
on the eligibility of modernisation works to improve safety,
working conditions, product quality and hygiene on boardvessels as referred to in Article 11(5) of Regulation (EC) No2371/2002, in order to ensure a transparent assessment and anequal treatment of the requests, while preventing any increasein fishing effort as a result of such works.
(10) Increases in enclosed volume over the main deck do not affectthe tonnage of vessels under 15 m in length overall, in accor-dance with Regulation (EEC) No 2930/86. Therefore, themodernisation of these vessels above the main deck is not takeninto account when adapting the reference levels according to
Article 11(5) of Regulation (EC) No 2371/2002.
(11) It is necessary to lay down implementing rules to ensure that
clear rules and procedures are set for the way Member Statestransmit data to the Community fishing fleet register and newvalidation rules are needed to guarantee the quality and the relia-
bility of such data.
(12) The annual reports and the summary thereof made by the
Commission in accordance with Article 14 of Council Regula-tion (EC) No 2371/2002 should give a clear picture of theequilibrium between fleet fishing capacity and fishing opportu-
nities.
(13) The Management Committee for Fisheries and Aquaculture has
not issued an opinion on the measures provided for in this Regu-lation within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Scope
This Regulation lays down the implementing rules for the Chapter on
Fleet Policy of Regulation (EC) No 2371/2002. It shall apply to thefishing capacity of Community fishing vessels with the exception ofvessels which are:
(a) exclusively used in aquaculture as defined in Annex III, 2.2 of
Council Regulation (EC) No 2792/1999, or
(b) registered in the outermost regions of France, Portugal and Spain as
indicated in Article 299(2) of the Treaty.
Article 2
Definitions
For the purpose of this Regulation the following definitions shall apply:
1. ‘GT
a’ or ‘the total tonnage of vessels leaving the fleet with public
aid after 31 December 2002’: means the total tonnage of vessels2003R1438 — EN — 01.05.2004 — 001.001 — 3
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that left the fleet with public aid between 1 January 2003 and the
date for which GTtis calculated. In the formula concerning the
reference level in tonnage in Article 4 this value is only taken
into account for the amount of capacity that went beyond the
tonnage reduction necessary to comply with the reference levelsunder Article 12(1) of Regulation (EC) No 2371/2002;
For the New Member States, ‘GT
a’ or ‘the total tonnage of vessels
leaving the fleet with public aid after 31 December 2002’ meansthe total tonnage of vessels that left the fleet with public aid
between 1 May 2004 and the date for which GT
tis calculated;
2. ‘GTS’ or ‘the total tonnage increases granted under the provisions
of Article 11(5) of Regulation (EC) No 2371/2002’: means thetotal tonnage increases granted under Article 11(5) of Regulation
(EC) No 2371/2002 and registered before the date for which GT
tis calculated;
3. ‘ ∆R(GT-GRT)’ or ‘the adjustment in the final global objectives of
MAGP’: means the adjustment in the final global objectives ofMAGP IV expressed in tonnage as a result of the completion ofthe re-measurement of the fleet in GT tonnage in accordance with
Regulation (EEC) No 2930/86;
4. ‘GT
100’ or ‘the total tonnage of vessels of more than 100 GT
entering the fleet with public aid granted after 31 December2002’: means the total tonnage of vessels of more than 100 GTthat entered into the fleet between 1 January 2003 and the datefor which GT
tis calculated, and for which an administrative deci-
sion by the Member State concerned to grant aid was taken after
31 December 2002;
For the New Member States ‘GT100’ or ‘the total tonnage of vessels
of more than 100 GT entering the fleet with public aid grantedafter 31 December 2002’ means the total tonnage of vessels ofmore than 100 GT that entered into the fleet between 1 May 2004and the date for which GT
tis calculated, and for which an adminis-
trative decision by the Member State concerned to grant aid was
taken after 30 April 2004;
5. ‘kWa’ or ‘the total power of vessels leaving the fleet with public
aid after 31 December 2002’: means the total power of vessels
that left the fleet with public aid between 1 January 2003 and thedate for which kW
tis calculated. In the formula concerning the
reference level in power in Article 4 this value is only taken intoaccount for the amount of capacity that went beyond the powerreduction necessary to comply with the reference levels under
Article 12(1) of Regulation (EC) No 2371/2002;
For the New Member States ‘kW
a’ or ‘the total power of vessels
leaving the fleet with public aid after 31 December 2002’ meansthe total power of vessels that left the fleet with public aid between1 May 2004 and the date for which kW
tis calculated;
6. ‘kW100’ or ‘the total power of vessels of more than 100 GT
entering the fleet with public aid granted after 31 December2002’: means the total power of vessels of more than 100 GT thatentered into the fleet between 1 January 2003 and the date forwhich kW
tis calculated, and for which an administrative decision
by the Member State concerned to grant aid was taken after 31
December 2002;
For the New Member States ‘kW100’or ‘the total power of vessels
of more than 100 GT entering the fleet with public aid grantedafter 31 December 2002’ means the total power of vessels ofmore than 100 GT that entered into the fleet between 1 May 2004and the date for which kW
tis calculated, and for which an admin-2003R1438 — EN — 01.05.2004 — 001.001 — 4
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istrative decision by the Member State concerned to grant aid was
taken after 30 April 2004;
7. ‘GTt’: means the total tonnage of the fleet, calculated at any given
date after 1 January 2003;
8. ‘ ∆(GT-GRT)’ or ‘the result of the re-measurement of the fleet’:
means the difference between the total capacity in terms of tonnageof the fleet on 1 January 2003 and the same value re-calculatedonce the re-measurement of the fleet in GT is completed in accor-dance with Regulation (EEC) No 2930/86;
9. ‘kW
t’: means the total power of the fleet calculated at any date
after 1 January 2003;
10. ‘main deck’: means the ‘upper deck’ as defined by the Interna-
tional Convention on Tonnage Measurement of Ships, 1969;
11. The ‘New Member States’: means the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia.
CHAPTER II
REFERENCE LEVELS FOR FISHING FLEETS
Article 3
Fixing of reference levels
The reference levels in tonnage (GT) and power (kW) for each
Member State at 1 January 2003 as referred to in Article 12 of Regula-tion (EC) No 2371/2002, except those for the outermost regions, are setout in Annex I.
Article 4
Monitoring of reference levels
1. Without prejudice to Article 5, for each Member State the refer-
ence level in tonnage at any given date after 1 January 2003 (R(GT)
t)
shall be equal to the reference level for that Member State set out inAnnex I at 1 January 2003 (R(GT)
03) adjusted by:
(a) deducting the total tonnage of vessels leaving the fleet with public
aid after 31 December 2002 (GTa);
(b) and adding
(i) the total tonnage increases granted under the provisions of
Article 11(5) of Regulation (EC) No 2371/2002 (GTS);
(ii) the adjustment in the final global objectives of MAGP as a
result of the re-measurement of the fleet ( ∆R(GT-GRT)).
Those reference levels shall be determined according to the following
formula:
R(GT)t= R(GT)03-G Ta+G TS+∆R(GT-GRT)
When new fishing capacity enters the fleet under the conditions of
Article 13(1)(b)(ii) the reference levels mentioned in the second
subparagraph shall be reduced by 35 % of the total tonnage of vessels
of more than 100 GT entering the fleet with public aid granted after 31December 2002 (GT
100) according to the following formula:
R(GT)t= R(GT)03-G Ta- 0,35 GT100+G TS+∆R(GT-GRT)
2. Without prejudice to Article 5, for each Member State the refer-
ence level in power at any given date after 1 January 2003 (R(kW)t)
shall be equal to the reference level for that Member State set out inAnnex I at 1 January 2003 (R(kW)
03) as adjusted by deducting the total
power of vessels leaving the fleet with public aid after 31 December2002 (kW
a).2003R1438 — EN — 01.05.2004 — 001.001 — 5
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Those reference levels shall be determined according to the following
formula:
R(kW)t= R(kW)03-k Wa
When new fishing capacity enters the fleet under the conditions of
Article 13(1)(b)(ii) the reference levels mentioned in the second
subparagraph shall be reduced by 35 % of the total power of vesselsof more than 100 GT entering the fleet with public aid granted after31 December 2002 (kW
100) according to the following formula:
R(kW)t= R(kW)03-k Wa- 0,35 kW100
Article 5
Fleet renewal with public aid
1. Without prejudice to Article 4, for each Member State that
decides to grant aid for fleet renewal after 31 December 2002 the refer-ence levels in tonnage at 1 January 2005 (R(GT)
05) shall be equal to or
less than 97 % of the reference level at 1 January 2003 for thatMember State set out in Annex I as adjusted by adding:
(a) the total tonnage increases granted under the provisions of Article
11(5) of Regulation (EC) No 2371/2002 (GT
S);
(b) the adjustment in the final global objectives of MAGP as the result
of the re-measurement of the fleet ( ∆R(GT-GRT)).
Those reference levels shall comply with the following formula:
R(GT)05≤0,97 R(GT)03+G TS+∆R(GT-GRT)
2. Without prejudice to Article 4, for each Member State that
decides to grant aid for fleet renewal after 31 December 2002 the refer-
ence levels in power at 1 January 2005 (R(kW)05) shall be equal to or
less than 97 % of the reference level at 1 January 2003 for thatMember State set out in Annex I.
Those reference levels shall comply with the following formula:
R(kW)
05≤0,97 R(kW)03
CHAPTER III
MANAGEMENT OF ENTRIES AND EXITS
Article 6
Fishing capacity of the fleet on 1 January 2003
For the purposes of Article 7 the fishing capacity in terms of tonnage
(GT03) and power (kW03) at 1 January 2003 shall be determined taking
into account, in accordance with Annex II, the entries of vessels whichare based on an administrative decision by the Member State concerned
taken between 1 January 2000 and 31 December 2002 in conformity
with the legislation applicable at that time, and in particular in accor-dance with the national entry/exit regime notified to the Commissionunder Article 6(2) of Decision 97/413/EC, and which take place notlater than three years after the date of the administrative decision.
Article 6a
Fishing capacity of the fleet of the New Member States at 1 May
2004
For the New Member States, for the purposes of Article 7a, the fishing
capacity in terms of tonnage (GT
04) and power (kW04) at 1 May 2004
shall be determined taking into account, in accordance with Annex III,the entries of vessels which are based on an administrative decision bythe Member State concerned taken between 1 May 2001 and 30 April2004, and which take place not later than three years after the date ofthe administrative decision.2003R1438 — EN — 01.05.2004 — 001.001 — 6
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Article 7
Monitoring of entries and exits
1. In order to comply with Article 13 of Regulation (EC) No 2371/
2002 each Member State shall ensure that at all times the fishing capa-city in tonnage (GT
t) is equal to or less than the fishing capacity at 1
January 2003 (GT03) as adjusted by:
(a) deducting:
(i) the total tonnage of vessels leaving the fleet with public aid
after 31 December 2002 (GTa);
(ii) 35 % of the total tonnage of vessels of more than 100 GT
entering the fleet with public aid granted after 31 December2002 (GT
100);
(b) and adding
(i) the total tonnage increases granted under the provisions of
Article 11(5) of Regulation (EC) No 2371/2002 (GTS);
(ii) the result of the re-measurement of the fleet ( ∆(GT-GRT)).
Each Member State shall ensure that the following formula is complied
with:
GTt≤GT03-G Ta- 0,35 GT100+G TS+∆(GT-GRT)
2. In order to comply with Article 13 of Regulation (EC) No 2371/
2002, each Member State shall ensure that at all times the fishing capa-city in power (kW
t) is equal to or less than the fishing capacity at 1
January 2003 (kW03) as adjusted by deducting:
(a) the total power of vessels leaving the fleet with public aid after 31
December 2002 (kWa);
(b) 35 % of the total power of vessels of more than 100 GT entering
the fleet with public aid granted after 31 December 2002 (kW100).
Each Member State shall ensure that the following formula is complied
with:
kWt≤kW03-k Wa- 0,35 kW100
Article 7a
Monitoring of entries and entries in the New Member States
1. In order to comply with Article 13 of Regulation (EC) No 2371/
2002, each New Member State shall ensure that at all times the fishingcapacity in tonnage (GT
t) is equal to or less than the fishing capacity at
1 May 2004, (GT04) as adjusted by:
(a) deducting:
(i) the total tonnage of vessels leaving the fleet with public aid
after 30 April 2004 (GTa);
(ii) 35 % of the total tonnage of vessels of more than 100 GT
entering the fleet with public aid granted after 30 April 2004
(GT100);
(b) and adding
(i) the total tonnage increases granted under the provisions of
Article 11 (5) of Regulation (EC) No 2371/2002 (GTS);
(ii) the result of the re-measurement of the fleet ( ∆(GT-GRT)).
Each New Member State shall ensure that the following formula is
complied with:
GTt≤GT04—G Ta—0.35 GT100+GTS+∆(GT-GRT).
2. 2. In order to comply with Article 13 of Regulation No 2371/
2002, each New Member State shall ensure that at all times the fishing2003R1438 — EN — 01.05.2004 — 001.001 — 7
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capacity in power (kWt) is equal to or less than the fishing capacity at
1 May 2004, (kW04) as adjusted by deducting:
(a) the total power of vessels leaving the fleet with public aid after 30
April 2004 (kWa);
(b) 35 % of the total power of vessels of more than 100 GT entering
the fleet with public aid granted after 30 April 2004 (kW100).
Each New Member State shall ensure that the following formula is
complied with:
kWt≤kW04—k Wa—0.35 kW100.
CHAPTER IV
INCREASE IN TONNAGE TO IMPROVE SAFETY ON BOARD,
WORKING CONDITIONS, HYGIENE AND PRODUCT
QUALITY
Article 8
Eligibility of requests to increase tonnage
A request to increase the tonnage of a vessel under Article 11(5) of
Regulation (EC) No 2371/2002 shall be considered eligible subject tocompliance with the following conditions:
(a) the vessel has not already been granted an increase in tonnage
under those provisions;
(b) the vessel has an overall length of 15 m or more;
(c) the age of the vessel, calculated as the difference between the date
of receipt of the application and the date of entry into service asdefined in Article 6 of Regulation (EEC) No 2930/86, is at least
five years;
(d) the increase in tonnage is the result of modernisation works to be
performed with the purpose of improving safety on board, working
conditions, hygiene or product quality;
(e) the works referred to in point (d) do not increase the volume under
the main deck;
(f) the works referred to in point (d) do not result in additional volume
devoted to fish holds or fishing gear.
Article 9
Responsibilities of Member States
1. Member States shall assess the requests to increase the tonnage
and decide if they are eligible in accordance with the conditionsprovided for in Article 8.
2. Member States shall keep a file for each vessel for which a deci-
sion on an increase in tonnage under the provisions of Article 11(5) of
Regulation (EC) No 2371/2002 has been taken. That file shall include
all technical information used in the assessment of the request by theMember State. Member States shall make such files available to theCommission upon request and without delay.
CHAPTER V
DATA COLLECTION
Article 10
Collection of information by the Member State and communication
of information to the Commission
1. Each Member State shall collect information on:
(a) each entry into or exit from the fleet;
(b) each modernisation of a vessel that affects its fishing capacity.2003R1438 — EN — 01.05.2004 — 001.001 — 8
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2. Member States shall communicate at least the following data to
the Commission:
(a) the internal number and the name of the vessel;
(b) the fishing capacity of the vessel in GT and kW;
(c) the port of registration of the vessel;
(d) the nature and dates of the following event:
(i) exit (e.g. scrapping, export, transfer to another Member State,
joint venture, transfer to another activity),
(ii) entry (e.g. construction, importation, transfer from another
Member State, transfer from another activity), or
(iii) modernisation, specifying if it is for reasons of safety in accor-
dance with Article 11(5) of Regulation (EC) No 2371/2002;
(e) whether the event is supported with public aid;
(f) if appropriate, the date of the administrative decision by the
Member State to grant that aid;
(g) in the case of a modernisation, the modification of power (in kW),
the modification of tonnage (in GT) above and below the main
deck.
3. Until the adoption of the implementing provisions foreseen in
Article 15 of Council Regulation (EC) No 2371/2002, Member Statesshall transmit the information exceeding the scope of the present
Community Fleet Register as defined by Commission Regulation (EC)
No 2090/98 (
1) in electronic format.
CHAPTER VI
EXCHANGE OF INFORMATION AND ANNUAL REPORT
Article 11
Exchange of information
Member States shall make available to other Member States and to the
Commission the information related to the implementation of Commu-nity legislation on fleet policy including the following:
(a) national implementing rules and instruments to ensure compliance
with Chapter III of Regulation (EC) No 2371/2002;
(b) administrative procedures for fleet monitoring and surveillance and
information on which authorities are involved;
(c) information on the development of fleet capacity, in particular on
withdrawals and renewals with public aid;
(d) plans to reduce the fleet in order to comply with the reference
levels where appropriate;
(e) information on the development of fleet capacity in their outermost
regions in relation to transfers of vessels between the mainland and
the outermost regions;
(f) information on the impact on fleet capacity of effort limitation
schemes, in particular when they are part of a recovery plan or a
multiannual management plan;
(g) any other information deemed relevant and useful for the purpose
of the exchange of information and best practices between Member
States.
Article 12
Annual report
1. Each Member State shall send to the Commission by 30 April
each year, in electronic format, a report on its efforts during the2003R1438 — EN — 01.05.2004 — 001.001 — 9
(1) OJ L 266, 1.10.1998, p. 27.
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previous year to achieve a sustainable balance between fishing capacity
and fishing opportunities.
2. On the basis of the data in the Community Fleet Register and
information contained in the reports received in accordance with para-
graph 1, the Commission shall prepare a summary and present it to theScientific Technical and Economic Committee for Fisheries and to theCommittee for Fisheries and Aquaculture established under Article30(1) of Regulation (EC) No 2371/2002, before 31 July each year.
Those two committees shall transmit their opinion to the Commission
no later than 31 October each year.
3. By 31 December each year, the Commission shall send the
summary with the Member States' reports attached to the European
Parliament and the Council, accompanied by the opinions of thecommittees mentioned in paragraph 2.
Article 13
Information to be contained in the Annual Reports
1. The reports by the Member States as provided for in Article 12
shall contain at least the following information:
(a) a description of the fishing fleets in relation to fisheries: develop-
ment(s) during the previous year, including fisheries covered bymultiannual management or recovery plans;
(b) the impact on fishing capacity of fishing effort reduction schemes
adopted under multiannual management or recovery plans or, ifappropriate, under national schemes;
(c) information on the compliance with the entry/exit scheme and with
the level of reference;
(d) a summary report on the weaknesses and strengths of the fleet
management system together with a plan for improvements and
information on the general level of compliance with fleet policy
instruments;
(e) any information on changes of the administrative procedures rele-
vant to the management of the fleet.
2. The reports by Member State shall not exceed 10 pages.
Article 14
This Regulation shall enter into force on the seventh day following that
of its publication in the Official Journal of the European Union .
It shall apply from 1 January 2003.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2003R1438 — EN — 01.05.2004 — 001.001 — 10
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ANNEX I
REFERENCE LEVELS BY MEMBER STATE (1)
Member StateReference levels
1 January 2003
R(GT)03R(kW)03
Belgium 23 372 67 857
Denmark 132 706 459 526Germany 84 262 175 927Greece 119 910 653 497
Spain (excluding the capacity registered in the Canary
Islands at 31 December 2002) (
2)728 344 1 671 739
France (excluding the MAGP IV objectives for the
segments of the French Overseas Departments) (3)230 257 920 969
Ireland 86 981 230 226
Italy 229 862 1 338 971
Netherlands 213 139 527 067
Portugal (excluding the MAGP IV objectives for the
segments of Azores and Madeira) (4)171 502 412 025
Finland 23 203 216 195
Sweden 51 993 261 028United Kingdom 286 120 1 129 194
Total 2 381 651 8 064 221
(1) The levels of reference may be revised to take into account vessels that existed on 31 December 2002 but were
either not covered by MAGP IV or not registered on the date this table was prepared.
(2) The reference levels for Spain, including the Canary Islands, are of 783 113 GT and 1 793 251 kW. These refer-
ence levels may be revised on the basis of the Commission Decision fixing the reference levels for the CanaryIslands pursuant to Council Regulation (EC) No …/2003 (COM(2003) 175).
(
3) The reference levels for France, including the Overseas Departments, are of 259 838 GT and 1 164 805 kW.
(4) The reference levels for Portugal, including Azores and Madeira are of 194 756 GT and 492 844 kW.2003R1438 — EN — 01.05.2004 — 001.001 — 11
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ANNEX II
RULES FOR THE CALCULATION OF THE FISHING CAPACITY IN
TERMS OF TONNAGE (GT03) AND POWER (kW03) AT 1 JANUARY
2003
For the purposes of this Annex:
1. GTFR: means the fishing capacity of the fleet on 1 January 2003 in terms of
tonnage as calculated on the basis of the Community fishing fleet register;
2. GT1: means the total tonnage of vessels which entered the fleet after 31
December 2002 with public aid based on an administrative decision taken
between 1 January 2000 and 31 December 2002, for which an associated
capacity has been withdrawn without public aid between 1 January 2000
and 31 December 2002;
3. GT2: means the total tonnage of vessels which entered the fleet after 31
December 2002 with public aid based on an administrative decision taken
between 1 January 2002 and 30 June 2002 in an MAGP IV segment that
did not comply with its objectives, for which an associated capacity with-
drawal without public aid takes place after 31 December 2002;
4. GT3: means the total tonnage of vessels which entered the fleet after 31
December 2002 without public aid based on an administrative decision
taken between 1 January 2000 and 31 December 2002, for which an asso-
ciated capacity has been withdrawn without public aid between 1 January
2000 and 31 December 2002;
5. GT4: means the total tonnage of vessels which entered the fleet after 31
December 2002 with public aid based on an administrative decision taken
between 1 January 2000 and 31 December 2001 in an MAGP IV segment
that did not comply with its objectives, for which an associated capacity
withdrawal without public aid takes place after 31 December 2002;
6. kWFR: means fishing capacity of the fleet on 1 January 2003 in terms of
power as calculated on the basis of the Community fishing fleet register;
7. kW1: means the total power of vessels which entered the fleet after 31
December 2002 with public aid based on an administrative decision taken
between 1 January 2000 and 31 December 2002, for which an associated
capacity has been withdrawn without public aid between 1 January 2000
and 31 December 2002;
8. kW2: means the total power of vessels which entered the fleet after 31
December 2002 with public aid based on an administrative decision taken
between 1 January 2002 and 30 June 2002 in an MAGP IV segment that
did not comply with its objectives, for which an associated capacity with-
drawal without public aid takes place after 31 December 2002;
9. kW3: means the total power of vessels which entered the fleet after 31
December 2002 without public aid based on an administrative decision
taken between 1 January 2000 and 31 December 2002, for which an asso-
ciated capacity has been withdrawn without public aid between 1 January
2000 and 31 December 2002;
10. kW4: means the total power of vessels which entered the fleet after 31
December 2002 with public aid based on an administrative decision taken
between 1 January 2000 and 31 December 2001 in an MAGP IV segment
that did not comply with its objectives, for which an associated capacity
withdrawal without public aid takes place after 31 December 2002.
The fishing capacity of the fleet expressed in terms of tonnage GT03and power
kW03, as defined in Article 6, shall be calculated with the following formulae:
GT03=G TFR+G T1- 0,35 GT2+G T3- 0,30 GT4
kW03=k WFR+k W1- 0,35 kW2+k W3- 0,30 kW42003R1438 — EN — 01.05.2004 — 001.001 — 12
▼M1
ANNEX III
RULES FOR THE CALCULATION OF THE FISHING CAPACITY IN
TERMS OF TONNAGE (GT04) AND POWER (KW04) FOR THE NEW
MEMBER STATES
For the purposes of this Annex:
1. GTFR:meansthefishing capacity of the fleet on the date of accession in terms
of tonnage as calculated on the basis of the Community fishing fleet register;
2. GT1:means the total tonnage of vessels which entered the fleet after the 1
May 2004 based on an administrative decision taken between 1stMay 2001
and 30 April 2004;
3. kWFR:means fishing capacity of the fleet on the date of accession in terms of
power as calculated on the basis of the Community fishing fleet register;
4. kW1:means the total power of vessels which entered the fleet after the 1 May
2004 based on an administrative decision takenbetween 1stMay 2001 and 30
April 2004;
The fishing capacity of the fleet expressed in terms of tonnage GT04and power
kW04, as defined in Article 6a, shall be calculated with the following formulae:
GT04=G TFR+G T1
kW04=k WFR+k W12003R1438 — EN — 01.05.2004 — 001.001 — 13