Proposal for a Council Regulation granting derogations to Bulgaria and Romania from certain provisions of Regulation (EC) No 2371/2002 relating to reference levels of fishing fleets
Date: 2007-02-28
Institutions: European Commission
Subjects: Bulgaria, Romania, derogation from EU law, fishing fleet, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.2.2007 
COM(2007) 75 final 

Proposal for a 

COUNCIL REGULATION 

granting derogations to Bulgaria and Romania from certain provisions of Regulation 
(EC) No 2371/2002 relating to reference levels of fishing fleets 

(presented by the Commission) 

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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 Bulgaria and Romania.  

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

Article  4  (3)  of  the  Treaty  of  Accession  enables  the  Council  or  the  Commission  to  adopt 
before accession measures referred to, inter alia, in Article 56 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 56 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 apply as from the date of 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 Programmes 1997-2002, it is not appropriate to fix such levels for Member States 
that have entered into the Community after these programmes have expired. 

EN 

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Proposal for a 

COUNCIL REGULATION 

granting derogations to Bulgaria and Romania 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 Bulgaria and Romania1 

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 
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 Policy2 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. 

Bulgaria and Romania do not have objectives as referred to in Article 12 of Regulation 
(EC) No 2371/2002.  

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

The  fishing  capacity  of  the  Bulgarian  and  Romanian  fishing  fleets  on  the  date  of 
accession  will  serve  as  the  basis  for  the  application  of  the  entry/exit  regime  as 
provided by Article 13 of Regulation (EC) No 2371/2002 

It is 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,  since  that  would  not  have  any  effect  on  the 
management of the fleet by the new Member States. 

1 
2 

OJ L 157, 21.6.2005, p. 11. 
OJ L 358, 31.12.2002, p. 59. 

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(6) 

Accordingly,  derogations  should  be  granted  to  Bulgaria  and  Romania  from  those 
provisions of Regulation (EC) No 2371/2002, 

HAS ADOPTED THIS REGULATION: 

By  way  of  derogation,  Articles  11  (2)  and  (4)  and  Article  12  of  Regulation  (EC)  No 
2371/2002 shall not apply to Bulgaria and Romania. 

Article 1 

Article 2 

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

It shall apply from 1 January 2007. 

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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