Council Regulation (EC) No 1242/2004 of 28 June 2004 granting derogations to the new Member States from certain provisions of Regulation (EC) No 2371/2002 relating to reference levels of fishing fleets
Date: 2004-06-28
Institutions: Council of the European Union
Subjects: accession to the European Union, common fisheries policy, derogation from EU law, fishery management, fishing fleet

7.7.2004

EN

Official Journal of the European Union

L 236/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1242/2004

of 28 June 2004

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
Community,

establishing the European

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,

(4)

(5)

is

It
therefore not appropriate to fix the reference
levels provided for in Article 12 of Regulation (EC) No
2371/2002 for the new Member States, nor to apply
Article 11(2) and (4) of that Regulation to them, as it
shall have no effect on the management of the fleet by
the new Member States.

Because of the short period of time during which these
new Member States may grant aid for the renewal of the
it is not appropriate to require these fleets to be
fleet,
reduced, as provided for in Article 13(2) of Regulation
(EC) No 2371/2002.

Whereas:

(6)

Accordingly, derogations should be granted to the new
Member States from the relevant provisions of Regu-
lation (EC) No 2371/2002,

(1)

(2)

(3)

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 Policy (1) provides that reference levels are to
be established for each Member State’s fleet as the sum
of
the Multiannual
Guidance Programme 1997-2002.

the objectives per

segment of

The new Member States do not have objectives
as referred to in Article 12 of Regulation (EC) No
2371/2002.

Reference levels could only be established for the new
Member States by reference to the level of their fleets at
the moment of accession. But, if that was the case, obli-
gations provided for in Article 11(2) and (4) of Regu-
lation (EC) No 2371/2002 would be superfluous, since
these obligations would overlap with those arising from
the entry/exit scheme provided for in Article 13 of that
Regulation.

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation, Article 11(2) and (4), Article 12 and
Article 13(2) of Regulation (EC) No 2371/2002 shall not
apply
Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

to the Czech Republic,

Estonia, Cyprus,

Article 2

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

(1) OJ L 358, 31.12.2002, p. 59.

It shall apply from 1 May 2004.

L 236/2

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Official Journal of the European Union

7.7.2004

This Regulation shall be binding in its entirely and directly applicable in all Member States.

Done at Luxembourg, 28 June 2004.

For the Council
The President

M. CULLEN