Proposal for a Council Regulation on the management of fishing fleets registered in the outermost regions
Date: 2003-05-02
Institutions: European Commission
Subjects: EU regional policy, derogation from EU law, economic and social cohesion, fishing fleet, fishing regulations, peripheral region

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 2.5.2003
COM(2003) 175 final

2003/0062 (CNS)

Proposal for a

COUNCIL REGULATION

on the management of fishing fleets registered in the outermost regions

(presented by the Commission)

EXPLANATORY MEMORANDUM

When  the  new  Community  fleet  capacity  management  arrangements  were  adopted  in
December 2002  the  Council  and  Commission  considered  that  the  fleets  of  the  outermost
regions  (OR)1  merited  more  favourable  treatment2  than  that  accorded  to  continental  fleets,
given the ORs' structural, social and economic position.

This treatment would amount to allowing moderate expansion of the fleets with aid from the
Structural  Funds  (FIFG) provided that the resource  situation permitted. For this  waivers  are
needed from Article 13 (fleet entry/exit scheme) of Council Regulation (EC) No 2371/20023
and from Article 9(1)(c) (fleet modernisation aid) of Council Regulation (EC) No 2792/19994,
as amended by Regulation (EC) No 2369/20025.

The Commission proposal incorporating these waivers,

– 

– 

– 

– 

– 

– 

1

2

3

4

5

provides  for  reference  levels  for  each  OR  fleet  segment  that  correspond  to  the
objectives  of  the  multiannual  guidance  programmes  IV  (MAGP  IV)  and  the  actual
fishing opportunities where these objectives do not exist (Canary Islands);

permits the  use of public fleet construction  and  modernisation  aid  for  this  purpose,
allowing  expansion  within  the  reference  limits  of  the  capacity  determined  for  each
segment;  but  once  the  reference  level  is  reached  the  standard  provisions  of
Community law will also apply to these fleets;

ends the waiver period on 31 December 2006, this being the last payment date for aid
under the general fleet renewal aid scheme, which terminates at the end of 2004;

by way of derogation from the rules covering continental fleets, prevent any transfer
of vessels from or to the continent;

provides for adjustment of fleet management and control tools;

provides for possible adoption of a Commission Regulation containing implementing
rules.

As referred to in Article 299(2) of Treaty.
Joint  statements  of  Council  and  Commission  Nos  180/02  and  181/02  annexed  to  minutes  of  Fishery
Council, 16-20 December 2002.
OJ L 358, 31.12.2002, p. 59.
OJ L 337, 31.12.1999, p. 10.
OJ L 358, 31.12.2002, p. 49.

2

                                                
2003/0062 (CNS)

Proposal for a

COUNCIL REGULATION

on the management of fishing fleets registered in the outermost regions

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 37 thereof,

Having regard to the proposal from the Commission6,

Having regard to the opinion of the European Parliament7,

Whereas:

(1)

(2)

(3)

Council  Regulation  (EC)  No  2371/20028  of  20  December  2002  on  the  conservation
and sustainable exploitation of fisheries resources under the Common Fisheries Policy,
and  in  particular  Chapter  III  thereof,  establishes  a  Community  scheme  to  adjust
capacities  of  fishing  fleets,  Member  State  by  Member  State,  to  a  level  globally
compatible with fishing opportunities.

Council Regulation (EC) No 2792/19999 of 17 December 1999 lays down the detailed
rules  and  arrangements  regarding  Community  structural  assistance  in  the  fisheries
sector, and in particular Article 9(1)(c) thereof covers modernisation of fishing vessels
with public aid.

Given the relative importance of the fisheries sector in those regions, it is justifiable to
take  account  of  the  particular  structural,  social  and  economic  situation  of  the
Community outermost regions in respect of management of fishing fleets. To that end,
the  provisions  on  management  of  entry/exit  schemes  and  compulsory  withdrawal  of
capacity  in  Article  13  of  Regulation  (EC)  No  2371/2002  and  the  rules  on  access  to
public aid for the modernisation of fishing vessels should be adapted to the needs of
those regions.

6

7

8

9

OJ C […], […], p. […].
OJ C […], […], p. […].
OJ L 358, 31.12.2002, p. 59.
OJ  L  337,  31.12.1999,  p.10,  as 
(OJ L 358, 31.12.2002, p. 49).

last  amended  by  Regulation 

(EC)  No  2369/2002

3

                                                
(4)

(5)

(6)

(7)

(8)

(9)

Any capacity increase for fleets registered in ports of outermost regions should also be
limited  to  that  justified  by  local  fishing  opportunities  and  the  size  of  fleets  kept  in
balance with those opportunities. To that end the objectives fixed by the multiannual
guidance  programmes  IV  (MAGP  IV),  as  established  in  the  Annex  to  Commission
Decision  2002/652/EC10  of  29  July  2002  amending  Decisions  98/119/EC  to
98/131/EC  in  order  to  prolong  the  multiannual  guidance  programmes  for  the  fishing
fleets  of  the  Member  States  until  31  December  2002,  should  be  considered  as
reference  levels  for,  or  the  upper  limit  to,  the  expansion  of  fleets  registered  in  the
French overseas departments, the Azores and Madeira.

Specific  reference  levels  should  be  determined  for  vessel  segments  registered  in  the
Canary  Islands,  for  which  no  specific  objectives  were  fixed  in  the  MAGP  IV
framework.  These  reference  levels  should  take  account  of  the  capacity  of  the  local
fleet in relation to fishing possibilities in waters surrounding the archipelago.

It  is  necessary  to  prevent  vessels  registered  in  the  outermost  regions  from  being
transferred and used in the mainland after benefiting from more favourable treatment
as regards the granting of public aid and/or conditions for entry into the fleet.

It is justifiable to apply to the fleets registered in the outermost regions the same rules
on fleet capacity management and public aid as are applied to vessels registered in the
rest  of  the  Community  as  soon  as  the  reference  levels  defined  in  the  present
Regulation are met, and in any case as from 1 January 2007.

To  facilitate  the  implementation  of  this  Regulation,  Member  States  should  collect
information on vessels registered in the outermost regions. The Commission should be
provided with this information and report on it to ensure full transparency of measures
implemented.

As  new  general  rules  for  fleet  capacity  management  and  public  aid  have  been
introduced  in  Regulations  (EC)  Nos  2371/2002  and  2792/1999  with  effect  from
1 January 2003, the specific arrangements for the outermost regions should also apply
from that date.

(10)

The  measures  necessary  for  implementation  of  this  Regulation  should  be  adopted  in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred on the Commission11,

10

11

OJ L 215, 10.08.2002, p.23.
OJ L 184, 17.07.1999, p. 23.

4

                                                
HAS ADOPTED THIS REGULATION:

Article 1
Specific reference levels for outermost regions’ fleets

1.

For  the  fleet  segments  registered  in  the  outermost  regions  as  indicated  in
Article 299(2)  of  the  Treaty  the  following  specific  reference  levels  for  fishing
capacity shall apply:

(a)  for  the  French  overseas  departments,  the  Azores  and  Madeira:  the  sum  of  the
respective multiannual guidance programme IV (MAGP IV) objectives expressed in
kW and GT by outermost region at the end of 2002;

(b)  for  the  Canary  Islands:  reference  levels  that  take  as  their  starting  point  the
capacities  in  kW  and  GT  of  the  relevant  segments  for  vessels  registered  in
Canary Island ports on 1 January 2003 and may be increased on the basis of fishing
opportunities for these segments. Increases may be justified up to the objectives that
would  have  been  adopted  if  MAGP  IV  procedures  had  applied  to  these  particular
segments and shall be in accordance with the most recent scientific advice validated
by the Scientific Technical and Economic Committee for Fisheries established under
Article 33 of Regulation (EC) No 2371/2002.

2.

Implementing rules for this Article shall be adopted in accordance with the procedure
referred to in Article 5.

Article 2
Fleet renewal and modernisation in the outermost regions

For the fleet segments covered by Article 1(1):

1.

by way of derogation from Article 13 of Regulation (EC) No 2371/2002,

(a) new capacity may enter the fleet, with or without public aid, within the limits of
the reference levels indicated in Article 1,

(b) the obligation to achieve a reduction in overall fleet capacity of 3% of reference
levels is not applicable;

2.

3.

by way of derogation from Article 9(1)(c)(i) of Regulation No 2792/1999, public aid
to modernise the fleet in terms of tonnage and/or power may be granted;

the derogations laid down in paragraphs 1 and 2 shall cease to apply as soon as the
reference levels are reached, and in any case not later than 31 December 2006.

Article 3
Transfer of vessels to the continent

In case of a transfer of a vessel from an outermost region to the continent Member States shall
ensure that the vessel is deleted from the register of the outermost region and that an entry to
the continental fleet is declared. Article 13 of Regulation (EC) No 2371/2002 applies.

5

Such  a  transfer  shall  be  considered  to  be  a  deletion  from  the  fishing  vessel  register  of  the
Community under Article 10(4) of Regulation (EC) No 2792/1999.

Article 4
Management of capacity registered in the outermost regions

Member States shall manage fleets registered in outermost regions in such a way as
to comply with the provisions of this Regulation.

Member  States  shall  make  available  to  the  Commission  information  on  vessels
registered  in  their  outermost  regions  in  accordance  with  Article  15  of  Council
Regulation (EC) No 2371/2002.

Rules  for  the  application  of  this  Article  shall  be  adopted  in  accordance  with  the
procedure referred to in Article 5.

Article 5
Committee

The Commission shall be assisted by the Committee for Fisheries and Aquaculture.

Where 
Decision 1999/468/EC shall apply.

is  made 

reference 

to 

this  paragraph,  Articles 4 

and  7  of

1.

2.

3.

1.

2.

The period mentioned in Article 4(3) of Decision 1999/468/EC is set at [20 working
days].

3.

The Committee shall adopt its rules of procedure.

Article 6
Entry into force

This  Regulation  shall  enter  into  force  on  the  seventh  day  following  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.

Done at Brussels, […]

For the Council
The President

6