Proposal for a Council Regulation amending Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
Date: 2006-10-13
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery management, fishery resources, fishing controls, fishing fleet

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.10.2006 
COM(2006) 587 final 

2006/0190 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2371/2002 on the conservation and sustainable 
exploitation of fisheries resources under the Common Fisheries Policy 

(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 

The  amendment  to  the  basic  regulation  of  the  Common  Fisheries  Policy,  (Council 
Regulation  2371/2002  on  the  conservation  and  sustainable  exploitation  of  fisheries 
resources  under  the  Common  Fisheries  Policy  Council)  results  from  the  political 
agreement reached by the Council at the time of the adoption of the European Fisheries 
Fund.  It  aims  at  permitting  some  adaptations  of  the  fleet  to  improve  safety,  working 
conditions hygiene and product quality and to improve energy efficiency.  

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•  General context 

In the framework of the political agreement reached for the adoption of the European 
Fisheries Fund for the period 2007-2013, the Council decided to modify the provisions 
applying to the management of fishing fleet capacity. 

•  Existing provisions in the area of the proposal 

Council  Regulation  (EC)  N°  2371/2002  on  the  conservation  and  sustainable 
exploitation of fisheries resources under the Common Fisheries Policy 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

This  amendment  is  the  result  of  a  political  decision  adopted  by  the  Council. 
Consultation with the interested parties took place during the process of adoption of the 
European Fisheries Fund regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

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No  impact  assessment  was  carried  out.  This  proposal  does  not  entail  any  choice, 
including the choice not to act, since it is the result of a political decision adopted by 
the Council. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

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•  Summary of the proposed action 

It  is  proposed  to  amend  the  provisions  applying  to  fleet  capacity  management  which 

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are included in Chapter III of Regulation 2371/2002, and in particular Article 11 on the 
adjustment  of  fishing  capacity  and  Article  13  on  the  entry-exit  scheme  and  overall 
capacity reduction. The amendments concern, 

The  possibility  to  allocate  to  new  or  existing  vessels,  4%  of  the  tonnage 
a) 
scrapped  with  public  aid  for  the  purpose  of  improving  safety,  hygiene,  working 
conditions and product quality on board.  

In  order  to  keep  with  the  existing  policy  on  capacity  reduction,  the  provision 
b) 
that  the  reduction  in  power  linked  to  the  replacement  of  the  engine  with  public  aid 
cannot be re-built. 

•  Legal basis 

Article 37 of the Treaty establishing the European Community 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

This proposal does not go beyond what is strictly necessary to implement the political 
decisions  taken  by  the  Council  and  the  Commission.  It  leaves  Member  States  the 
management of fleet capacity on a vessel per vessel basis.  

This  amendment  to  fleet  management  provisions  does  not  add  administrative  or 
financial burden in relation the old provisions; the application of the new rules for fleet 
management  accomplished  with  the  same  human  and  financial  resources  that  were 
allocated to the management of the old provisions. 

•  Choice of instruments 

Proposed instruments: Council regulation on the basis of Article 37 of the Treaty. 

Other means would not be adequate for the following reason(s). 

It is an amendment to a Council regulation not foreseen by any other instrument. 

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4)  BUDGETARY IMPLICATION 

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The proposal has no implication for the Community budget. 

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. 

2006/0190 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2371/2002 on the conservation and sustainable 
exploitation of fisheries resources under the Common Fisheries Policy 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
37 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy  3 
lays down provisions relating to the management of fishing capacity.  

The current provisions applying to the management of fleet capacity should be adapted 
in the light of experience. 

(3)  Member  States  should  be  allowed  to  grant  a  limited  increase  in  tonnage  to  new  or 
existing vessels in order to improve safety, hygiene, working conditions and product 
quality on board, provided it does not increase the ability of the vessels to catch fish 
and giving priority to small scale coastal fisheries within the meaning of Article 26 of 
Council  Regulation  (EC)  No  1198/2006  of  27  July  2006,  on  a  European  Fisheries 
Fund4.  That  increase  should  be  linked  to  their  efforts  to  adjust  fishing  capacity  with 
public aid between 1 January 2003 or 1 May 2004 and 31 December 2006 and from 1 
January 2007 onwards. 

(4) 

The reduction in engine power required for the replacement of engines with public aid 
under  the  provisions  of  Article  25(3)(b)  and  (c)  of  Regulation  (EC)  No  1198/2006 
should be considered as an exit of capacity from the fleet with public aid in relation to 
the application of the entry-exit regime and the adjustment of the reference levels. 

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4 

OJ C , , p. . 
OJ C , , p. . 
OJ L 358, 31.12.2002, p 59. 
OJ L 223, 15.8.2006, p 1. 

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(5) 

Regulation (EC) No 2371/2002 should therefore be amended accordingly,  

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 2371/2002 is hereby amended as follows: 

(1) Article 11 is replaced by the following: 

“Article 11 

Adjustment of fishing capacity 

1. Member States shall put in place measures to adjust the fishing capacity of their 
fleets in order to achieve a stable and enduring balance between such fishing capacity 
and their fishing opportunities. 

2. Member States shall ensure that the reference levels expressed in GT and kW for 
fishing capacity as established in accordance with this Article and with Article 12 are 
not exceeded. 

3. No exit from the fleet supported by public aid shall be permitted unless preceded 
by the withdrawal of the fishing licence as defined in Commission Regulation (EC) 
No 1281/20055 and, where provided for, the fishing authorisations as defined in the 
relevant regulations. Without prejudice to the provisions of paragraph 6, the capacity 
corresponding  to  the  licence,  and  where  necessary  to  the  fishing  authorisations  for 
the fisheries concerned, cannot be replaced. 

4.  Where  public  aid  is  granted  for  the  withdrawal  of  fishing  capacity  that  goes 
beyond  the  capacity  reduction  necessary  to  comply  with  the  reference  levels  as 
established  in  accordance  with  this  Article  and  with  Article  12,  the  amount  of  the 
capacity  withdrawn  shall  be  automatically  deducted  from  the  reference  levels.  The 
reference levels thus obtained shall become the new reference levels. 

5. Between 1 January 2003 and 31 December 2006, on fishing vessels of 5 years of 
age or more, modernisation over the main deck to improve safety on board, working 
conditions,  hygiene  and  product  quality  may  increase  the  tonnage  of  the  vessel, 
provided that such modernisation does not increase the ability of the vessel to catch 
fish.  The  reference  levels,  as  established  in  accordance  with  this  Article  and  with 
Article  12,  shall  be  adapted  accordingly.  The  corresponding  capacity  need  not  be 
taken  into  account  for  the  establishment  of  the  balance  of  entries  and  exits  by 
Member States under Article 13. 

6.  From  1  January  2007,  in  order  to  improve  safety  on  board,  working  conditions, 
hygiene and product quality, Member States shall be entitled to re-allocate to new or 

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OJ L 203, 04.08.2005, p 3. 

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existing vessels  the  following capacity in terms of  tonnage, provided such capacity 
does not increase the ability of the vessels to catch fish: 

– 

– 

4  %  of  the  average  annual  tonnage  withdrawn  with  public  aid  between  1 
January 2003 and 31 December 2006 for the Member States that were part of 
the  Community  on  1  January  2003  and  4  %  of  the  annual  average  tonnage 
withdrawn with public aid between 1 May 2004 and 31 December 2006 for the 
Member States that acceded to the Community on 1 May 2004 and, 

4 % of the tonnage withdrawn from the fleet with public aid as from 1 January 
2007 

The  reference  levels,  as  established  in  accordance  with  this  Article  and  Article  12 
shall  be  adapted  accordingly.  The  corresponding  capacity  need  not  be  taken  into 
account for the establishment of the balance of entries and exits by Member States 
under Article 13. 

Member States shall give priority to small scale coastal fisheries, within the meaning 
of  Article  26  of  Council  Regulation  (EC)  No  1198/2006,  when  allocating  fishing 
capacity under this paragraph. 

7.  Implementing  rules  for  the  application  of  this  Article  may  be  adopted  in 
accordance with the procedure laid down in Article 30(2). 

(2) Article 13 is replaced by the following: 

“Article 13 

Entry/Exit scheme and overall capacity reduction 

1. Member States shall manage entries into the fleet and exits from the fleet in such a 
way that, from 1 January 2003: 

(a) 

(b) 

the  entry  of  new  capacity  into  the  fleet  without  public  aid  is 
compensated by the previous withdrawal without public aid of at least 
the same amount of capacity, 

the entry of new capacity into the fleet with public aid granted after 1 
January  2003  is  compensated  by  the  previous  withdrawal  without 
public aid of: 

– 

– 

(i)  at  least  the  same  amount  of  capacity,  for  the  entry  of  new 
vessels equal or less than 100 GT, or 

(ii) at least 1,35 times that amount of capacity, for the entry of 
new vessels of more than 100 GT.  

(c) 

the replacement of an engine with public aid under the provisions of 
Article  25  (3)  (b)  and  (c)  of  Regulation  (EC)  No  1198/2006  is 
compensated  by  a  reduction  of  capacity  in  terms  of  power  equal  to 

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20%  of  the  power  of  the  engine  replaced.  The  reduction  of  20%  in 
power shall be deducted from the reference levels in accordance with 
Article 11(4). 

2.  Implementing  rules  for  the  application  of  this  Article  may  be  adopted  in 
accordance with the procedure laid down in Article 30(2).” 

Article 2 

This Regulation shall enter into force on the seventh 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, 

For the Council 
The President 

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