ANNUAL REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on Member States' efforts during 2007 to achieve a sustainable balance between fishing capacity and fishing opportunities {COM(2008) 902final/2} {SEC(2009) 645}

Figure 2: Overall trend of the Community fleet reference levels

Table 3: Fleet capacity variations between 1 January 2003 and 31 December 2007 (except outermost regions)

Table 4: Fleet capacity variations between 1 January 2003 and 31 December 2007 in the outermost regions

Figure 3: Trend in the number of EU fishing vessels between 1992 and 2007

Figure 4: Trend in the EU fishing fleet capacity in terms of tonnage between 1992 and 2007

Figure 5: Trend in the EU fishing fleet capacity in terms of power (kW) between 1992 and 2007

Fleet Management under the Common Fisheries Policy

Entry-exit regime

From 1 January 2003 Member States have been obliged to respect a strict entry-exit regime applying to the capacity of their mainland fleets, measured in terms of both tonnage and power. Any entry of capacity into the fleet of a Member State has to be compensated by the previous exit of at least the same amount of capacity (entry to exit ratio of 1:1). The only exception being capacity increases resulting from works to improve safety, hygiene or living and working conditions on board in accordance with Article 11(5) of Council Regulation (EC) No 2371/2002. For entries of new vessels between 100 and 400 GT built with public aid (the administrative decisions granting aid were possible only until 31 December 2004) the Member State has to withdraw 35% more capacity than it introduces (entry to exit ratio of 1:1.35).

Another important rule is that capacity leaving the fleet with public aid cannot be replaced. Such capacity is subtracted directly from the maximum fleet capacity of each Member State. Capacity reductions supported with public aid are therefore permanent.

In July 2007 the Council adopted an amendment to the fleet management provisions which allows Member States, with effect from 1 January 2007, to re-allocate 4% of the capacity scrapped with public aid in order to improve safety on board, working conditions, hygiene and product quality. The amendment also includes the possibility to re-allocate for the purpose of the aforementioned safety improvements 4% of the average annual tonnage withdrawn with public aid between 1 January 2003 and 31 December 2006 for Member States that were part of the Community on 1 January 2003, and between 1 May 2004 and 31 December 2006 for the Member States that acceded to the Community on 1 May 2004. These amendments have slightly increased the tonnage ceilings for most Member States.

All of this means that, as a general rule, the capacity of the national fleets cannot increase with respect to its levels on 1 January 2003, for 'EU 15' Member States and on the accession date for the Member States, which acceded to the Community after 2003.

In practice this is likely to be the case. However, in accordance with Articles 6, 6a, 7 and 7a of Commission Regulation (EC) No 1438/2003, the implementing rules for the fleet policy allow for the registration of vessels outside the framework of the entry-exit regime if administrative decisions have been adopted by the national authorities:

a)between 1 January 1998 and 31 December 2002 for those vessels to enter the fleet after 1 January 2003 in 'EU 15' Member States and,

b)up to five years before the accession date for those vessels joining the fleet of Member States which acceded to the Community after 1 January 2003.

The combination of these rules results in the calculation by the Commission of a variable capacity ceiling for the fleet of each Member State, excluding the fleets registered in the outermost regions. The sum of all Member States capacity ceilings is compared to the total capacity of the Community fleet since 1 January 2003 in figure 1. Detailed results per Member State are available on the website of Directorate General for Fisheries and Maritime Affairs.

The capacity of each Member State in relation to its capacity ceiling on 31 December 2007 is shown in Table 1.

Reference Levels for the mainland fleet

The reference levels for the fleets of Member States are the sum of the global final objectives of the Fourth Multi-annual Guidance Programme (MAGP IV) as established by Article 12 of Council Regulation (EC) No 2371/2002. Since the reference levels are a legacy of MAGP IV (period 1997- 2002), the Council decided that they would not apply to the 'EU 10' Member States (Council Regulation (EC) No 1242/2004 ). Member States may not exceed their reference levels at any time.