Proposal for a Council Regulation amending Council Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions
Date: 2006-08-01
Institutions: European Commission
Subjects: Structural Funds, common fisheries policy, derogation from EU law, fishery management, fishing fleet, peripheral region

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.8.2006 
COM(2006) 433 final 

2006/0148 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 639/2004 on the management of fishing fleets 
registered in the Community outermost regions 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

Given the particular structural, social and economic situation in the fisheries sector in 
the  outermost  regions  of  the  Community  and  the  difficulty  of  regularising  what  is  a 
large  informal  sector  in  some  of  these  regions,  the  adoption  by  the  Council  of  the 
Regulation on the Fisheries Fund was accompanied by a joint statement by the Council 
and the Commission specifically concerning the fleets of these regions, which makes it 
necessary  to  amend  Council  Regulation  (EC)  No  639/2004  of  30 March  2004  on  the 
management of fishing fleets registered in the Community outermost regions. 

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•  General context 

In connection with the entry/exit scheme and public aid for renewal and modernisation, 
the  fleets  of  the  outermost  regions  qualify  for  a  number  of  derogations  under 
Regulation (EC) No 639/2004 in relation to:  

o 
Article  13  of  Regulation  (EC)  No  2371/2002  as  regards  the  entry  of  new 
capacity into the fleet, subject to the limit of the specific reference levels adopted for 
the outermost regions; 

Article 9(1)(a) of Regulation (EC) No 2792/1999 as regards the grant of public 

o 
aid for the renewal of fishing vessels registered in the outermost regions. 

The  joint  statement  by  the  Council  and  the  Commission  covers  the  extension  of  the 
period  of  validity  of  these  derogations  until  31  December  2006  and  consequently 
requires revision of Regulation (EC) No 639/2004. It also involves postponing for one 
year  –  to  31  December  2007  –  the  submission  by  the  Commission  to  the  Parliament 
and Council of a report on the implementation of Regulation (EC) No 639/2004. 

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•  Existing provisions in the area of the proposal 

The  management  of  fishing  fleets  in  the  outermost  regions  is  governed  by  Council 
Regulation  (EC)  No  639/2004  of  30 March  2004  and  Commission  Regulation  (EC) 
No 2104/2004  of  9  December  2004  laying  down  detailed  implementing  rules  for  Council 
Regulation (EC) No 639/2004. 

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•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENTS 

•  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

Not applicable. 

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212 

Summary of responses and how they have been taken into account 

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305 

310 

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Not applicable. 

•  Collection and use of expertise 

Use of external expertise was not necessary. 

• 

Impact assessment 

Since this proposal for a Council Regulation follows a joint statement by the Council 
and the Commission, there is no other option than that presented. An impact analysis is 
not, therefore, warranted in this case.  

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Extension of the derogations allowed for the management of fishing fleets registered in 
the outermost regions. 

•  Legal basis 

Regulation (EC) No 639/2004 

•  Subsidiarity principle 

The proposal concerns an area that falls under exclusive Community competence. The 
subsidiarity principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the principle of proportionality, for the following reasons: 

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Not applicable. 

Not applicable 

•  Choice of instruments 

Proposed instrument: regulation. 

Other means would not be adequate, for the following reasons: 

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342 

Not applicable. 

4)  BUDGETARY IMPLICATION 

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The proposal has no implications for the Community budget. 

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2006/0148 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 639/2004 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 Community, 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 Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

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Council  Regulation  (EC)  No  639/2004  of  30  March  2004  on  the  management  of 
fishing fleets registered in the Community outermost regions2 allows derogations from 
Article 9(1)(a) of Council Regulation (EC) No 2792/1999 of 17 December 1999 laying 
down the detailed rules and arrangements regarding Community structural assistance 
in the fisheries sector3 and Article 13 of Council Regulation (EC) No 2371/2002 of 20 
December 2002 on the conservation and sustainable exploitation of fisheries resources 
under the Common Fisheries Policy4. 

Following the political agreement reached in the Council on 19 June 2006 concerning 
the  European  Fisheries  Fund,  in  order  to  take  account  of  the  particular  structural, 
social  and  economic  situation  in  the  fisheries  sector  in  the  outermost  regions,  the 
period  of  validity of  the  derogations provided for in Article 2(4) of Regulation  (EC) 
No 639/2004 should be extended until 31 December 2006. 

On account of the extension of the period of validity of the derogation provided for in 
Article  2(4)  of  Regulation (EC) No 639/2004, the derogation  provided for in  Article 
2(5) of that Regulation should be extended until 31 December 2008 to allow the entry 
into the fleet of capacity having benefited from public aid for the renewal of fishing 
vessels. 

Opinion delivered on --.--.2006. 
OJ L 102, 7.4.2004, p.9. 
OJ  L  337,  30.12.1999,  p.10.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No 
2369/2002 (OJ L 358, 31.12.2002, p. 49). 
OJ L 358, 31.12.2002, p.59. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 639/2004 is amended as follows: 

In Article 2(4), "31 December 2005" is replaced by "31 December 2006". 

In Article 2(5), "31 December 2007" is replaced by "31 December 2008". 

In Article 6, "31 December 2006" is replaced by "31 December 2007". 

Article 2 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

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

Done at Brussels, … 2006. 

For the Council 
The President 

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