Commission Regulation (EC) No 2104/2004 of 9 December 2004 laying down detailed implementing rules for Council Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions
Date: 2004-12-09
Institutions: European Commission
Subjects: France, Portugal, Spain, fishery management, fishing fleet, peripheral region

10.12.2004

EN

Official Journal of the European Union

L 365/19

COMMISSION REGULATION (EC) No 2104/2004

of 9 December 2004

laying down detailed implementing rules for Council Regulation (EC) No 639/2004 on the
management of fishing fleets registered in the Community outermost regions

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Committee for Fisheries (STECF) delivered an opinion in
its March/April 2004 session report on the fishing
opportunities of fleets registered in the Canary Islands.
Spain and the Commission have also examined the
fishing opportunities of fleets registered to the Canary
Islands
and multilateral
agreements. According to the Commission, none of
these examinations or reports has revealed any possibility
of expansion of
the fleets currently registered in the
Canary Islands.

and active under bilateral

Having regard to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi-
tation of
the Common Fisheries
Policy (1), and in particular Article 11(5) thereof,

resources under

fisheries

Having regard to Council Regulation (EC) No 639/2004 of
30 March 2004 on the management of fishing fleets registered
regions (2), and in particular
in the Community outermost
Article 1(2) and Article 4(3) thereof,

Whereas:

fishing fleets

Regulation (EC) No 639/2004 lays down derogations for
the management of
in the outermost
regions until 31 December 2006. These derogations
relate to the entry/exit schemes referred to in Regulation
(EC) No 2371/2002, and the aid for the renewal and
modernisation of the fleet referred to in Council Regu-
lation (EC) No 2792/1999 (3).

the

for France and
Under Regulation (EC) No 639/2004,
Portugal
fleet
the
levels
reference
specific
segments registered in the outermost regions are the
multiannual guidance programme (MAGP IV) objectives
at the end of 2002.

for

(1)

(2)

(3)

(4)

(5)

(6)

(7)

to

in Commission Regulation

The Member States must report on changes in the fleets
registered in the outermost regions in the annual report
referred
(EC) No
1438/2003 of 12 August 2003 laying down imple-
menting rules on the Community Fleet Policy as
defined in Chapter III of Council Regulation (EC) No
2371/2002 (4).

The Commission has taken account of its declaration in
the margins of the Council of 30 March 2004 (5) on the
for Regulation (EC) No
detailed implementing rules
639/2004, in particular as regards the most appropriate
segmentation in relation to types of
fishing, scientific
opinions on the state of
targeted stocks and similar
treatment of fleets operating on the same fisheries.

This Regulation must apply from the date of application
of Regulation (EC) No 639/2004.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

For the Canary Islands, the specific reference levels are to
be fixed using an approach similar to that used to fix the
MAGP IV objectives, taking into account the limits of the
fishing opportunities available to the fleets in question.
To this end the Scientific Technical and Economic

Article 1

Specific reference levels

The specific reference levels for the fleets registered in the
outermost regions of France, Portugal and Spain are fixed in
the Annex hereto for each fleet segment.

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 102, 7.4.2004, p. 9.
(3) OJ L 337, 31.12.1999, p. 10. Regulation as last amended by Regu-

lation (EC) No 1421/2004 (OJ L 260, 6.8.2004, p. 1).

(4) OJ L 204, 13.8.2003, p. 21. Regulation as last amended by Regu-

lation (EC) No 916/2004 (OJ L 163, 30.4.2004, p. 81).

(5) Council document No 7520/04 ADD1, 19.3.2004.

L 365/20

EN

Official Journal of the European Union

10.12.2004

These specific reference levels are the maximum capacity levels,
in GT and in kW, that the Member States shall be authorised to
accept through entries to the fleet by way of derogation from
Article 13 of Regulation (EC) No 2371/2002.

the
This figure shall be added to the reference levels of
mainland fleet. The result shall constitute the reference levels
for the Member State fleet as from 1 January 2007.

Article 2

Monitoring specific reference levels

Article 4

Contribution to annual reports

in terms of

For each of the segments referred to in Article 1, the reference
level
tonnage and power on any date after
31 December 2002 shall be equal to the reference level for
that
the
tonnage and power of the vessels in that segment leaving the
fleet after 31 December 2002 as a result of public aid.

fixed in the Annex hereto, minus

segment, as

In the annual report provided for in Article 12 of Regulation
(EC) No 1438/2003 the Member States concerned shall report
on changes in the fleets registered in the outermost regions.

Figures relating to 2003 shall be incorporated into the annual
report for 2004.

Article 3

Consolidation of reference levels

Article 5

Entry into force

On 31 December 2006, the Commission shall calculate for each
Member State the total capacities in terms of GT and kW of the
fleets registered in the outermost regions and of the entries into
these fleets decided in accordance with the provisions of Article
2 of Regulation (EC) No 639/2004 which are not yet registered
on that date.

This Regulation shall enter into force on the seventh day
following that of 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, 9 December 2004.

For the Commission

Joe BORG
Member of the Commission

10.12.2004

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Official Journal of the European Union

L 365/21

ANNEX

Specific reference levels for fishing fleets registered in the outermost regions of France, Portugal and Spain

Spain

Fleet segment

Segment code

Canary Islands. Length < 12 m. EU waters

Canary Islands. Length > 12 m. EU waters

Canary Islands. Length > 12 m. International and third country
waters

CA1

CA2

CA3

GT

2 878

4 779

51 167

kW

23 202

16 055

90 680

Total

58 824

129 937

France

Fleet segment

Segment code

Réunion. Demersal and pelagic species. Length < 12 m

Réunion. Pelagic species. Length > 12 m

French Guiana. Demersal and pelagic species. Length < 12 m

French Guiana. Shrimp vessels.

French Guiana. Pelagic species. Offshore vessels.

Martinique. Demersal and pelagic species. Length < 12 m

Martinique. Pelagic species. Length > 12 m

Guadeloupe. Demersal and pelagic species. Length < 12 m

Guadeloupe. Pelagic species. Length > 12 m

4FC

4FD

4FF

4FG

4FH

4FJ

4FK

4FL

4FM

GT

1 050

9 705

400

6 526

3 500

2 800

1 000

4 100

500

kW

14 000

24 610

5 250

19 726

5 000

65 500

3 000

105 000

1 750

Total

29 581

243 836

Portugal

Fleet segment

Segment code

Madeira. Demersal species. Length < 12 m

Madeira. Demersal and pelagic species. Length > 12 m

Madeira. Pelagic species. Seine. Length > 12 m

Azores. Demersal species. Length < 12 m

Azores. Demersal and pelagic species. Length > 12 m

4K6

4K7

4K8

4K9

4KA

Total

GT

680

5 354

253

2 721

14 246

23 254

kW

4 574

17 414

1 170

20 815

36 846

80 819