Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions
Date: 2004-03-30
Institutions: Council of the European Union
Subjects: fishery management, fishing fleet, peripheral region

7.4.2004

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Official Journal of the European Union

L 102/9

COUNCIL REGULATION (EC) No 639/2004

of 30 March 2004

on the management of fishing fleets registered in the Community outermost regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 and Article 299(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

fisheries

resources under

Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation
of
the Common Fisheries
Policy (2), and in particular Chapter III thereof, estab-
lishes a Community scheme to adjust the fishing capaci-
ties of the Member States'
to a level globally
compatible with fishing opportunities.

fleets,

Council Regulation (EC) No 2792/1999 of 17 December
1999 laying down the detailed rules and arrangements
regarding Community structural assistance in the fish-
eries sector (3) covers modernisation of fishing vessels
with public aid and public aid for the renewal of fishing
vessels.

Given the relative importance of the fisheries sector in
those regions, it is justifiable to take account of the par-
ticular structural, social and economic situation of the
Community outermost regions (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 Regulation (EC)
No 2371/2002, and the rules on access to public aid for
the modernisation and for the renewal of fishing vessels
should be adapted to the needs of those regions.

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
guidance
programmes IV (MAGP IV) for each fleet segment, as
established in the Annex to Commission Decision

the multiannual

fixed

by

(1) Opinion delivered on 4 December 2003 (not yet published in the

Official Journal).

2002/652/EC of 29 July 2002 amending Decisions 98/
119/EC to 98/131/EC in order to prolong the multi-
annual guidance programmes for the fishing fleets of the
Member States until 31 December 2002 (4), 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 frame-
work. These reference levels should take account of the
capacity of the local fleet in relation to fishing possibili-
ties.

It is necessary to prevent vessels registered in the outer-
most regions from being transferred and used in the
mainland after benefiting from more favourable treat-
ment as regards the granting of public aid and/or condi-
tions 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 this Regulation are met, and
in any case as from 1 January 2007, except for vessels
having received public aid for renewal, where the entry
into the fleet might take place until 31 December 2007.

this Regulation,
To facilitate the implementation of
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) No
2371/2002 and (EC) No 2792/1999 with effect from 1
January 2003, the specific arrangements for the outer-
most regions should also apply from that date.

(5)

(6)

(7)

(8)

(9)

(10)

The measures necessary for the 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 Commission (5),

(2) OJ L 358, 31.12.2002, p. 59.
(3) OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regu-

lation (EC) No 2369/2002 (OJ L 358, 31.12.2002, p. 49).

(4) OJ L 215, 10.8.2002, p. 23.
(5) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Union

7.4.2004

HAS ADOPTED THIS REGULATION:

Article 1

Specific reference levels

For the fleet segments registered in the outermost regions
the Treaty the following

1.
as indicated in Article 299(2) of
specific reference levels for fishing capacity shall apply:

(a) for

the French overseas departments,

the Azores and
Madeira: the respective MAGP IV objectives for each fleet
segment, expressed in kW and GT,
for each 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
fleet 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 pursuant to
Article 33 of Regulation (EC) No 2371/2002.

Implementing rules for this Article shall be adopted in

2.
accordance with the procedure referred to in Article 5(2).

Article 2

Fleet renewal and modernisation

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 specific reference levels indi-
cated in Article 1,

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

2. 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;

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

4. by way of derogation from Article 9(1)(a) of Regulation No
2792/1999, public aid for the renewal of fishing vessels
may be granted until 31 December 2005;

5. notwithstanding paragraph 3 above,

fishing vessels
having received public aid for renewal, the derogation in
paragraph 1(a) above, will cease to apply two years after the
public aid for renewal has been granted and in any case not
later than 31 December 2007.

for

Article 3

Transfer of vessels to the continent

Any transfer of a vessel from an outermost region to the conti-
nent shall be treated as an entry in the continental fleet within
the meaning of Article 13 of Regulation (EC) No 2371/2002.
Public aid for fleet renewal and for the equipment or moderni-
sation of fishing vessels shall be reimbursed pro rata temporis
in the case of transfer of a vessel to the continent before the
end of a period of:

(a) 10 years in the case of public aid for fleet renewal; and

(b) five years in the case of public aid for the equipment or

modernisation of fishing vessels

to be dated from the time when the administrative decision to
grant aid was taken.

Article 4

Management of capacity

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

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

Rules for the application of this Article shall be adopted

3.
in accordance with the procedure referred to in Article 5(2).

Article 5

Committee procedure

The Commission shall be assisted by the Committee for

1.
Fisheries and Aquaculture.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at 20 working days.

3.

The Committee shall adopt its Rules of Procedure.

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Article 6

Reporting

The Commission shall submit to the European Parliament and the Council a report on the implementation
of this Regulation no later than 31 December 2006.

Article 7

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, 30 March 2004.

For the Council

The President

M. McDOWELL