Proposal for a Council Regulation granting derogations to the new Member States from certain provisions of Regulation (EC) No 2371/2002 relating to reference levels of fishing fleets
Date: 2004-04-29
Institutions: European Commission
Subjects: accession to the European Union, common fisheries policy, conservation of fish stocks, derogation from EU law, exploitation of resources, fishery management, fishery resources, fishing controls, fishing fleet

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.04.2004 
COM(2004)349 final 

Proposal for a 

COUNCIL REGULATION 

granting derogations to the new Member States from certain provisions of Regulation 
(EC) No 2371/2002 relating to reference levels of fishing fleets 

(presented by the Commission) 

EN 

   EN 

 
 
 
EXPLANATORY MEMORANDUM 

It is necessary to make certain adaptations to the acquis in the area of the Common Fisheries 
Policy in order to make the legislation applicable to the new Member States.  

The attached proposal for a Council regulation is an adaptation of a technical nature. 

Article  2  (3)  of  the  Treaty  of  Accession  enables  the  Council  or  the  Commission  to  adopt 
before accession measures referred to, inter alia, in Article 57 of the Act of Accession. These 
measures shall enter into force only subject to and on the date of the entry into force of this 
Treaty. 

Article 57 of the Act of Accession enables the Council or the Commission to adapt prior to 
accession  those  acts,  which  require  adaptation  by  reason  of  accession,  and  where  the 
necessary  adaptations  have  not  been  provided  for  in  the  Act  of  Accession  or  its  annexes. 
These adaptations shall enter into force as from accession. 

Since  the  reference  levels  for  the  fishing  fleets  as  referred  to  in  Article  12  of  Council 
Regulation  (EC)  2371/2002  are  the  sum  of  the  objectives  per  segment  of  the  Multi-annual 
Guidance  Programme  1997-2002,  it  is  not  appropriate  to  fix  such  levels  for  Member  States 
that have entered into the Community after these programmes have expired. 

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Proposal for a 

COUNCIL REGULATION 

granting derogations to the new Member States from certain provisions of Regulation 
(EC) No 2371/2002 relating to reference levels of fishing fleets  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  the  Treaty  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia,  and  in  particular  Article  2  (3) 
thereof, 

Having  regard  to  the  Act  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia,  and  in  particular  Article  57 
thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Article  12  of  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation  and  sustainable  exploitation  of  fisheries  resources  under  the  Common 
Fisheries Policy1 provides that reference levels are to be established for each Member 
State’s  fleet  as  the  sum  of  the  objectives  per  segment  of  the  Multi-annual  Guidance 
Programme 1997-2002. 

On  the  date  of  accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania, 
Hungary,  Malta,  Poland,  Slovenia  and  Slovakia,  those  new  Member  States  will  not 
have objectives as referred to in Article 12 of Regulation (EC) No 2371/2002.  

It is therefore not appropriate to fix the reference levels provided for in Article 12 for 
the new Member States. 

Consequently,  Articles  11  (2),  11  (4),  12  and  13  (2)  should  not  apply  to  the  new 
Member  States,  since  they  all  refer  to  obligations  in  connection  with  the  reference 
levels provided for in Article 12. 

Accordingly,  derogations  should  be  granted  to  the  new  Member  States  from  those 
provisions of Regulation (EC) No 2371/2002, 

1 

OJ L 358, 31.12.2002, p. 59. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

By way of derogation, Articles 11 (2), 11 (4), 12 and 13 (2) of Regulation (EC) No 2371/2002 
shall  not  apply  to  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary,  Malta, 
Poland, Slovenia and Slovakia.  

Article 2 

This Regulation shall enter into force subject to and on the date of the entry into force of the 
Treaty  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary, 
Malta, Poland, Slovenia and Slovakia.  

Done at Brussels, 

For the Council 
The President 

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