Commission Regulation (EC) No 1277/2007 of 29 October 2007 amending Regulation (EC) No 1438/2003 laying down implementing rules on the Community Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002
Date: 2007-10-29
Institutions: European Commission
Subjects: common fisheries policy, fishing fleet, fishing vessel, technical specification

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Official Journal of the European Union

30.10.2007

COMMISSION REGULATION (EC) No 1277/2007

of 29 October 2007

amending Regulation (EC) No 1438/2003 laying down implementing rules on the Community Fleet
Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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 Articles 11(5), 12(2), 13(2) and
14(2) thereof,

resources under

fisheries

Having regard to the Treaty of Accession of Bulgaria and
Romania,

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

Whereas:

(1)

(2)

(3)

implementing rules

Commission Regulation (EC) No 1438/2003 (2) estab-
the Chapter on Fleet
lishes
Policy of Regulation (EC) No 2371/2002,
in particular
for the application of Articles 11, 12, 13 and 14 thereof.

for

On 28 July 2007 the provisions of Article 11 of Regu-
lation (EC) No 2371/2002 have been amended by Regu-
lation (EC) No 865/2007 to allow Member States to re-
build 4 % of the annual average tonnage scrapped with
public aid between 1 January 2003 and 31 December
2006 and 4 % of the tonnage scrapped with public aid as
from 1 January 2007.

On 28 July 2007 the provisions of Article 13 of Regu-
lation (EC) No 2371/2002 have been amended to take
the requirement, as laid down in Article
account of
and (c) of Council Regulation (EC) No
25(3)(b)
1198/2006 (3), to reduce by at least 20 % the power of
an engine that has been replaced with public aid,
excluding engine replacements in the small-scale coastal
fisheries as defined in that Regulation.
In addition, a
is no longer applicable that
transitory arrangement
linked to an overall capacity reduction by 3 % any
public aid commitment for fleet renewal occurring after
the introduction of the new common fisheries policy and
until the end of 2004.

(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation

(EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

(2) OJ L 204, 13.8.2003, p. 21. Regulation as amended by Regulation

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

(3) OJ L 223, 15.8.2006, p. 1.

the measurement of all

fishing
After completion of
vessels,
the adjustment rule referring to the effect of
such measurement on the tonnage reference level can
be discontinued; however,
it should be maintained for
a strict application of the entry-exit regime in terms of
tonnage.

It is necessary to revise the existing exemption from the
entry-exit regime for the vessels that joined the fleet as
from 1 January 2003 or, for those Member States that
acceded later, as from the accession date, on the basis of
an administrative decision adopted respectively before 1
January 2003 or before the accession date. This revision
will allow such exemption for vessels whose entry,
although decided in accordance with national and
Community law before the accession or the adminis-
trative decision, could not benefit from the transitional
measures because the three-year transitional period was
too short.

Bulgaria and Romania acceded to the Community on 1
January 2007, and therefore the provisions of Regulation
(EC) No 1438/2003 should be adapted.

Regulation (EC) No 1438/2003 should therefore be
amended accordingly.

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

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1438/2003 is amended as follows:

1. Article 2 is amended as follows:

(a) Paragraph 1 is replaced by the following:

“GTa1

” or “the total tonnage of vessels leaving the
‘1.
fleet with public aid between 1 January 2003 and 31
December 2006” means the total tonnage of vessels that
left the fleet with public aid between 1 January 2003 and
In the formula concerning the
31 December 2006.
in tonnage in Article 4 this value is
reference level
only taken into account
for the amount of capacity
that went beyond the tonnage reduction necessary to
comply with the reference levels under Article 12(1) of
Regulation (EC) No 2371/2002;

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” or “the total tonnage
For the New Member States, “GTa1
of vessels leaving the fleet with public aid between 1
January 2003 and 31 December 2006” means the total
tonnage of vessels that
the fleet with public aid
left
between the accession date and 31 December 2006.’

(b) Paragraph 3 is replaced by the following:

“GTa2

” or “the total tonnage of vessels leaving the
‘3.
fleet with public aid after 31 December 2006” means the
total tonnage of vessels that left the fleet with public aid
between 1 January 2007 and the date for which GTt is
calculated. In the formula concerning the reference level
in tonnage in Article 4 this value is only taken into
account for the amount of capacity that went beyond
the tonnage reduction necessary to comply with the
reference levels under Article 12(1) of Regulation (EC)
No 2371/2002;’

(c) Paragraph 11 is replaced by the following:

“New Member State” means a Member State that

‘11.
acceded to the Community after 1 January 2003.’

(d) The following paragraph 12 is added:

“kWr

‘12.
” or “the total power of the engines replaced
with public aid conditional to a power reduction”: means
the total power of the engines replaced with public aid
after 31 December 2006 under the provisions of Article
and (c) of Council Regulation (EC) No
25(3)(b)
1198/2006 (*).
___________
(*) OJ L 223, 15.8.2006, p. 1.’

2. Article 4 is replaced by the following:

‘Article 4

Monitoring of reference levels

For each Member State, excluding the New Member
1.
in tonnage at any given date
the reference level
States,
after 1 January 2003 (R(GT)t)
to the
shall be equal
reference level for that Member State set out in Annex I at
1 January 2003 (R(GT)03) adjusted by:

(a) deducting

(ii) 96 % of the total tonnage of vessels leaving the fleet
with public aid after 31 December 2006 (GTa2);

(b) and adding the total tonnage increases granted under the
provisions of Article 11(5) of Regulation (EC) No
2371/2002 (GTS).

Those reference levels shall be determined according to the
following formula:

R(GT)t = R(GT)03

– 0,99 GTa1

– 0,96 GTa2 + GTS

the fleet under

the
When new fishing capacity enters
conditions of Article 13(1)(b)(ii) of Regulation (EC) No
2371/2002 the reference levels mentioned in the second
subparagraph shall be reduced by 35 % of
total
tonnage of vessels of more than 100 GT entering the fleet
with public aid granted after 31 December 2002 (GT100)
according to the following formula:

the

R(GT)t = R(GT)03

– 0,99 GTa1
+ GTS

– 0,96 GTa2

– 0,35 GT100

2.
For each Member State, excluding the New Member
States, the reference level in power at any given date after
1 January 2003 (R(kW)t) shall be equal to the reference level
for that Member State set out in Annex I at 1 January 2003
(R(kW)03) as adjusted by deducting the total power of vessels
leaving the fleet with public aid after 31 December 2002
(kWa) and 20 % of the total power of the engines replaced
with public aid conditional to a power reduction (kWr).

Those reference levels shall be determined according to the
following formula:

R(kW)t = R(kW)03

– kWa

– 0,2 kWr

the fleet under

When new fishing capacity enters
the
conditions of Article 13(1)(b)(ii) of Regulation (EC) No
2371/2002 the reference levels referred to in the second
subparagraph shall be reduced by 35 % of the total power
of vessels of more than 100 GT entering the fleet with
public aid granted after 31 December 2002 (kW100)
according to the following formula:

R(kW)t = R(kW)03

– kWa

– 0,2 kWr

– 0,35 kW100

’

(i) 99 % of the total tonnage of vessels leaving the fleet
with public aid between 1 January 2003 and 31
December 2006 (GTa1);

3. Article 5 is deleted.

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4. Article 6 is replaced by the following:

(b) and adding

‘Article 6

Fishing capacity of the fleet on 1 January 2003

Except for the New Member States,
for the purposes of
Article 7 the fishing capacity in terms of tonnage (GT03)
and power (kW03) at 1 January 2003 shall be determined
taking into account, in accordance with Annex II, the entries
of vessels which are based on an administrative decision by
the Member State concerned taken between 1 January 1998
and 31 December 2002 in conformity with the legislation
applicable at that time, and in particular in accordance with
the national entry/exit regime notified to the Commission
under Article 6(2) of Decision 97/413/EC (*), and which
take place not later than five years after the date of that
administrative decision.

___________
(*) OJ L 175, 3.7.1997, p. 27.’

5. Article 6a is replaced by the following:

‘Article 6a

Fishing capacity of the fleet of the New Member States
at the accession date

For the New Member States, for the purposes of Article 7a,
the fishing capacity in terms of tonnage (GTacc) and power
(kWacc) at the accession date shall be determined taking into
account, in accordance with Annex III, the entries of vessels
which are based on an administrative decision by the
Member State concerned taken up to five years before the
accession date, and which take place not later than five years
after the date of that administrative decision.’

6. Article 7 is replaced by the following:

‘Article 7

Monitoring of entries and exits

(i) the

total

tonnage

the
provisions of Article 11(5) of Regulation (EC) No
2371/2002 (GTS);

increases granted under

(ii) the result of the re-measurement of the fleet (Δ(GT-

GRT)).

Each Member State shall ensure that the following formula is
complied with:

GTt

≤ GT03

– 0,99 GTa1

– 0,96 GTa2

+ Δ(GT-GRT)

– 0,35 GT100 + GTS

2.
In order to comply with Article 13 of Regulation
(EC) No 2371/2002, each Member State, excluding the
New Member States, shall ensure that at all
times the
fishing capacity in power (kWt) is equal to or less than the
fishing capacity at 1 January 2003 (kW03) as adjusted by
deducting:

(a) the total power of vessels leaving the fleet with public aid

after 31 December 2002 (kWa);

(b) 20 % of the total power of the engines replaced with
public aid conditional to a power reduction (kWr);

(c) 35 % of the total power of vessels of more than 100 GT
entering the fleet with public aid granted after 31
December 2002 (kW100).

Each Member State shall ensure that the following formula is
complied with:

kWt

≤ kW03

– kWa

– 0,2 kWr

’
– 0,35 kW100

1.
In order to comply with Article 13 of Regulation
(EC) No 2371/2002 each Member State, excluding the
times the
New Member States, shall ensure that at all
fishing capacity in tonnage (GTt) is equal to or less than
the fishing capacity at 1 January 2003 (GT03) as adjusted by:

7. Article 7a is replaced by the following:

‘Article 7a

(a) deducting:

(i) 99 % of the total tonnage of vessels leaving the fleet
with public aid between 1 January 2003 and 31
December 2006 (GTa1);

Monitoring of entries and exits in the New Member
States

1.
In order to comply with Article 13 of Regulation
(EC) No 2371/2002, each New Member State shall ensure
that at all times the fishing capacity in tonnage (GTt) is equal
to or less than the fishing capacity at the accession date,
(GTacc) as adjusted by:

(ii) 96 % of the total tonnage of vessels leaving the fleet
with public aid after 31 December 2006 (GTa2);

(a) deducting:

(iii) 35 % of the total tonnage of vessels of more than
100 GT entering the fleet with public aid granted
after 31 December 2002 (GT100);

(i) for the new Member States that acceded the to
Community on 1 May 2004, 98,5 % of the total
tonnage of vessels leaving the fleet with public aid
between that date and 31 December 2006 (GTa1);

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(ii) For each new Member State, 96 % of

the total
tonnage of vessels leaving the fleet with public aid
after 31 December 2006 (GTa2);

(iii) For each new Member State, 35 % of

the total
tonnage of vessels of more than 100 GT entering
the fleet with public aid granted on or after the
accession date (GT100);

(b) and adding

(i) the

total

tonnage

the
provisions of Article 11(5) of Regulation (EC) No
2371/2002 (GTS);

increases granted under

(a) the total power of vessels leaving the fleet with public aid

on or after the accession date (kWa);

(b) 20 % of the total power of the engines replaced with
public aid conditional to a power reduction (kWr);

(c) 35 % of the total power of vessels of more than 100 GT
entering the fleet with public aid granted on or after the
accession date (kW100).

Each New Member State shall ensure that
formula is complied with:

the following

(ii) the result of the re-measurement of the fleet (Δ(GT-

GRT)).

kWt

≤ kWacc

– kWa

– 0,2 kWr

– 0,35 kW100

’

Each New Member State shall ensure that
formula is complied with:

the following

8. Annex II is amended in accordance with Annex I to this

Regulation.

GTt

≤ GTacc

– 0,985 GTa1

– 0,96 GTa2

+ Δ(GT-GRT)

– 0,35 GT100 + GTS

9. Annex III is replaced by the text in Annex II to this Regu-

lation.

In order to comply with Article 13 of Regulation
2.
(EC) No 2371/2002, each New Member State shall ensure
that at all times the fishing capacity in power (kWt) is equal
to or less than the fishing capacity at the accession date,
(kWacc) as adjusted by deducting:

Article 2

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, 29 October 2007.

For the Commission

Joe BORG
Member of the Commission

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Annex II to Regulation (EC) No 1438/2003 is amended as follows:

ANNEX I

1. Point 2 is replaced by the following:

‘2. GT1: means the total tonnage of vessels which entered the fleet after 31 December 2002 with public aid based on
an administrative decision taken between 1 January 1998 and 31 December 2002, for which an associated
capacity has been withdrawn without public aid between 1 January 1998 and 31 December 2002;’

2. Point 4 is replaced by the following:

‘4. GT3: means the total tonnage of vessels which entered the fleet after 31 December 2002 without public aid based
on an administrative decision taken between 1 January 1998 and 31 December 2002, for which an associated
capacity has been withdrawn without public aid between 1 January 1998 and 31 December 2002;’

3. Point 7 is replaced by the following:

‘7. kW1: means the total power of vessels which entered the fleet after 31 December 2002 with public aid based on
an administrative decision taken between 1 January 1998 and 31 December 2002, for which an associated
capacity has been withdrawn without public aid between 1 January 1998 and 31 December 2002;’

4. Point 9 is replaced by the following:

‘9. kW3: means the total power of vessels which entered the fleet after 31 December 2002 without public aid based
on an administrative decision taken between 1 January 1998 and 31 December 2002, for which an associated
capacity has been withdrawn without public aid between 1 January 1998 and 31 December 2002;’

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ANNEX II

Annex III to Regulation (EC) No 1438/2003 is replaced by the following:

‘ANNEX III

RULES FOR THE CALCULATION OF THE FISHING CAPACITY IN TERMS OF TONNAGE (GTacc) AND
POWER (KWacc) FOR THE NEW MEMBER STATES ON THE ACCESSION DATE

For the purposes of this Annex:

1. GTFR: means the fishing capacity of the fleet on the date of accession in terms of tonnage as calculated on the basis of

the Community fishing fleet register;

2. GT1: means the total tonnage of vessels which entered the fleet after the accession date based on an administrative

decision taken up to five years before the accession date;

3. kWFR: means fishing capacity of the fleet on the date of accession in terms of power as calculated on the basis of the

Community fishing fleet register;

4. kW1: means the total power of vessels which entered the fleet after the accession date based on an administrative

decision taken up to five years before the accession date.

The fishing capacity of the fleet expressed in terms of tonnage GTacc and power kWacc, as defined in Article 6a, shall be
calculated with the following formulae:

GTacc = GTFR + GT1

kWacc = kWFR + kW1

’