Council Regulation (EC) No 865/2007 of 10 July 2007 amending Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
Date: 2007-07-10
Institutions: Council of the European Union
Subjects: aid system, common fisheries policy, fishery management, fishing controls, fishing fleet, fishing vessel, technical regulations

24.7.2007

EN

Official Journal of the European Union

L 192/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 865/2007

of 10 July 2007

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,

1 May 2004 and 31 December 2006 and from 1 January
2007 onwards.

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

establishing the European

(4)

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

The reduction in engine power required for the repla-
cement 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 appli-
cation of the entry-exit regime and the adjustment of the
reference levels.

Whereas:

(5)

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

(1)

(2)

(3)

Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of
fisheries resources under the Common Fisheries Policy (2)
lays down provisions relating to the management of
fishing capacity.

The current provisions applying to the management of
fleet
light of
experience.

capacity should be

adapted in the

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 gives 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 Fund (3). That
increase should be linked to their efforts to adjust fishing
capacity with public aid between 1 January 2003 or

(1) Opinion of 26 April 2007 (not yet published in the Official Journal).
(2) OJ L 358, 31.12.2002, p. 59.
(3) OJ L 223, 15.8.2006, p. 1.

HAS ADOPTED THIS REGULATION:

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

Article 1

1. Article 11 shall be 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.

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Official Journal of the European Union

24.7.2007

No exit from the fleet supported by public aid shall be
3.
permitted unless preceded by the withdrawal of the fishing
licence as defined in Commission Regulation (EC) No
1281/2005 (*) and, where provided for, the fishing author-
regulations. Without
isations as defined in the relevant
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.

On fishing vessels of five years of age or more, moder-
5.
nisation 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 moder-
nisation 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.

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

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 Regu-
lation (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).

___________
(*) OJ L 203, 4.8.2005, p. 3.
(**) OJ L 223, 15.8.2006, p. 1.’.

2. Article 13 shall be 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)

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;

(b) 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
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).

to 20 % of

The reference levels, as established in accordance with this
Article and Article 12 shall be adapted accordingly. The

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

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Official Journal of the European Union

L 192/3

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

Article 2

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

Done at Brussels, 10 July 2007.

For the Council
The President

F. TEIXEIRA DOS SANTOS