2003/245/EC: Commission Decision of 4 April 2003 on the requests received by the Commission to increase MAGP IV objectives to take into account improvements on safety, navigation at sea, hygiene, product quality and working conditions for vessels of more than 12 m in length overall (notified under document number C(2003) 1113)
Date: 2003-04-04
Institutions: European Commission
Subjects: common fisheries policy, eligibility criteria, fisheries policy, fishing fleet, fishing regulations

L 90/48

EN

Official Journal of the European Union

8.4.2003

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 4 April 2003

on the requests received by the Commission to increase MAGP IV objectives to take into account
improvements on safety, navigation at sea, hygiene, product quality and working conditions for
vessels of more than 12 m in length overall

(notified under document number C(2003) 1113)

(Only the English, French, Dutch and Swedish texts are authentic)

(2003/245/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 97/413/EC of 26 June 1997
concerning the objectives and detailed rules for restructuring
the Community fisheries sector for the period from 1 January
1997 to 31 December 2001 with a view to achieving a balance
on a sustainable basis between resources and their exploita-
tion (1), as amended by Decision 2002/70/EC (2), and in parti-
cular Article 4 thereof,

Having regard to Council Regulation (EC) No 2792/1999 of 17
December 1999 laying down the detailed rules and arrange-
ments regarding Community structural assistance in the fish-
eries sector (3), as last amended by Regulation (EC) No 2369/
2002 (4), and in particular Article 6 thereof,

Whereas:

(1)

(2)

The Commission has received applications from the
Kingdom of Belgium, Ireland, the Kingdom of the Neth-
erlands,
the Kingdom of Sweden and the United
Kingdom of Great Britain and Northern Ireland to
increase MAGP IV objectives for reasons of safety, navi-
gation at sea, hygiene, product quality and working
conditions that concern vessels of more than 12 m in
length overall.

The Commission has to decide on a case-by-case basis
according to provisions applicable at the time the appli-
cations were received. The Commission considers that
clear and transparent criteria should be established in
the present decision in order to ensure a fair assessment
to
the requests, while preventing fishing effort
of
increase as a result of the decision.

(1) OJ L 175, 3.7.1997, p. 27.
(2) OJ L 31, 1.2.2002, p. 77.
(3) OJ L 337, 31.12.1999, p. 10.
(4) OJ L 358, 31.12.2002, p. 49.

(3)

(4)

(5)

(6)

(7)

(8)

(9)

received

2001
after
Applications
concerning vessels of more than 12 m in length overall
will not be eligible, according to Article 4 of Decision
97/413/EC and Article 6 of Regulation (EC) No 2792/
1999.

31 December

New vessels outperform old vessels due to the effect of
technological progress, which leads to an increase in
fishing effort. New vessels already have to comply with
the most recent safety requirements.

If a vessel should be lost at sea, the owner will have no
in order to
option other than to replace the vessel
continue fishing activity.

Some modifications of existing vessels that result in an
increase in tonnage should be accepted in order to
increase enclosed volumes devoted to living and working
onboard, provided that
these modifications do not
increase fishing effort.

The tonnage of vessels under 15 m in length overall is a
function of length, breadth and depth, and increases of
enclosed volume over the main deck do not affect
tonnage expression.

The increase in propulsive power has a direct effect on
fishing effort that cannot be isolated from its influence
on safety.

The measures provided for in this Decision are in accor-
dance with the opinion of the Management Committee
for Fisheries and Aquaculture,

8.4.2003

EN

Official Journal of the European Union

L 90/49

HAS ADOPTED THIS DECISION:

Article 1

Eligibility of requests

The requests to increase MAGP IV tonnage objectives will be
considered eligible subject to the following conditions:

1. the requests have been forwarded on case-by-case basis by

the Member State before 31 December 2001;

2. the vessel must be properly registered in the Fleet Register

of the Community;

6. the volume under the main deck of the modified vessel or

the replacement vessel is not increased.

Requests to increase the MAGP IV power objectives will not be
eligible.

Article 2

The requests that are accepted according to the criteria fixed in
Article 1 are those listed in Annex I.

The requests that are rejected according to the criteria fixed in
Article 1 are those listed in Annex II.

3. the vessel concerned has an overall

length of 15 m or

Article 3

more;

4. the increase in tonnage is the result of modernisation works
over the main deck performed or to be performed on an
existing registered vessel at
five years old on the
starting date of the works. In the case where a vessel has
been lost at sea, the increase in tonnage is the result of a
greater volume over the main deck of the replacement vessel
with respect to the vessel that was lost;

least

5. the increase in tonnage is justified in order to improve
safety, navigation at sea, hygiene, product quality and
working conditions;

This Decision is addressed to the Kingdom of Belgium, Ireland,
the Kingdom of the Netherlands, the Kingdom of Sweden and
the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 4 April 2003.

For the Commission

Franz FISCHLER

Member of the Commission

L 90/50

EN

Official Journal of the European Union

8.4.2003

ANNEX I

ACCEPTED REQUESTS

Member State

Name of vessel

MAGP IV Segment

GT increase

B

B

B

IRL

IRL

IRL

IRL

IRL

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

De Zeemeeuw

Mare Nostrum

Sylvia-Mary

Sean Pol

Sparkling Star

Bridget Carmel

Clodagh O

Celestial Dawn (import)

Nimber

Glittvag

Nordic

Courage af Skillinge

Skandia

Silverfors

Vegas

Westero

Adenia

Handelön

Midsjö

Laguna

Saltvik

Krossfjord

Dyning

Polar

Mercy

Odeskär

Roxen

UK

UK

New vessel to replace Angela

New vessel to replace Pembroke

4A1

4A1

4A1

4G2

4G1

4G1

4G1

4G1

4M3

4M3

4M3

4M3

4M4

4M3

4M2

4M4

4M3

4M4

4M3

4M3

4M4

4M3

4M3

4M3

4M4

4M3

4M3

4N4

4N4

33

58

21

107

18

29

22

27

74

56

17

53

8

53

11

24

29

21

8

19

6

13

14

20

29

85

17

67

76

8.4.2003

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Official Journal of the European Union

L 90/51

ANNEX II

REJECTED REQUESTS

Member State

Name of vessel

MAGP IV Segment

UK

UK

NL

New vessel to replace Boy Anthony

New vessel to replace Krossfjord

Global request. Not detailed case by case

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

Free Bird

Oosthinder

Noordhinder

Noordster

Ramblers

Nautilus

Pieter

Nooitgedacht

Alles Wisselt

Hein Senior

Kees Korf

Vaya con Dios

Soetkin

Ora et Labora

Vidar

Jasmine

Drakkar

Dennis

Blue Angel

Den Hoope

Mooie Meid

New vessel to replace Aine

New vessel to replace Atlantean

Brendelen (modification)

New vessel to replace Brendelen

Fr McKee (modification)

New vessel to replace Fr McKee

New vessel to replace Neptune

New vessel to replace Western Viking

4N5

4N2

4J2

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4A1

4G2

4G2

4G2

4G2

4G2

4G2

4G2

4G2

L 90/52

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Official Journal of the European Union

8.4.2003

Member State

Name of vessel

MAGP IV Segment

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

IRL

New vessel to replace Colmcille

New vessel to replace Westward Isle

New vessel to replace Girl Stephanie

New vessel to replace Golden Rose

New vessel to replace Menhaden

New vessel to replace Olgarry

New vessel to replace Pacelli

New vessel to replace Paraclete

New vessel to replace Silver King

New vessel to replace Antartic

New vessel to replace Sea Spray

Celtic Fisher (imported vessel to replace Atlantic Fisher)

Dawn Ross (new vessel to replace several others)

Deborah M (new vessel to replace several others)

Emerald Dawn (new vessel to replace several others)

Foyle Warrior (new vessel to replace several others)

Golden Dawn (modification)

Heather Jane II (new vessel to replace several others)

Lauralena (imported to replace several others)

Niamh Eoghan (new vessel to replace Niamh Aine and others)

Northern Celt (new vessel to replace several others)

Peadar Elaine (new vessel to replace several others)

Venturous (import)

An Capall Ban (new vessel to replace several others)

An Capall Oir (new vessel to replace An Capall Ban)

Capella (new vessel to replace Castle Beam)

New vessel to replace Comet II

New vessel to replace Kittiwake

New vessel to replace Marie Dawn

Cu Na Mara (new vessel to replace several others)

4G2

4G2

4G2

4G2

4G2

4G2

4G2

4G2

4G2

4G2

4G2

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

4G1

8.4.2003

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Official Journal of the European Union

L 90/53

Member State

Name of vessel

MAGP IV Segment

IRL

IRL

IRL

IRL

IRL

IRL

S

S

S

S

S

S

S

S

S

S

S

S

Dun Duirn (modification)

Endurance (new vessel to replace several others)

New vessel to replace Mark Amay

Mark Amay (new vessel to replace two others)

Regina Ponti (new vessel to replace several others)

Shauan Ann (new vessel to replace several others)

Camo

Carmona

Lövön

Wally

Bohuslän

Stjärnvik

Porjus

Rossö

Herring

Glommö

Boköland

Cornelia

4G1

4G1

4G1

4G1

4G1

4G1

4M4

4M3

4M3

4M3

4M3

4M3

4M3

4M3

4M4

4M4

4M3

4M4