Commission Regulation (EC) No 1086/2008 of 5 November 2008 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: 2008-11-05
Institutions: European Commission
Subjects: common fisheries policy, fishing fleet, fishing vessel, technical specification

6.11.2008

EN

Official Journal of the European Union

L 297/9

COMMISSION REGULATION (EC) No 1086/2008

of 5 November 2008

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 Article 12(1) thereof,

resources under

fisheries

(5)

Whereas:

Article 12 of Regulation (EC) No 2371/2002 stipulates
that the Commission shall establish for each Member
State reference levels expressed in GT and kW for the
total fishing capacity of the Community fishing vessels
flying the flag of that Member State. These reference
levels have been established by the Commission in Regu­
lation (EC) No 1438/2003 of 12 August 2003 laying
down implementing rules on the Community Fleet
Policy as defined in Chapter III of Council Regulation
(EC) No 2371/2002 (2).

that Regulation applies

According
to Article 1 of Regulation (EC) No
fishing
1438/2003,
capacity of Community vessels with the exception of
vessels which are exclusively used in aquaculture or
registered in the outermost regions of France, Portugal
and Spain.

to the

(1)

(2)

(3)

On 26 September 2006, the Netherlands informed the
Commission that a number of vessels, whose capacity is
currently included in the reference level for that Member
State, are exclusively used for aquaculture and requested
the Commission to decrease the reference level for the
total fishing capacity of the Community fishing vessels
flying the Dutch flag by 15 540 GT and 39 258 kW.

the registration of

The current reference level for the Irish fleet does not
include part of the small-scale vessels targeting mainly
non-quota species. Although the capacity for
these
vessels had been included in the objectives of MAGP
IV,
these vessels had not been
the time of establishing the reference
completed at
Ireland submitted to the
levels. On 4 April 2008,
Commission the final
list of vessels and requested the
Commission to amend the reference level for the Irish
fleet accordingly.
is necessary to take
account of
the fishing capacity of mussel dredgers
which were previously not registered. Consequently, the
reference levels
Ireland should be increased by
1 719 GT and 14 608 kW.

In addition,

for

it

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

Footnote 1 of Annex I to Regulation (EC) No 1438/2003
stipulates that the reference levels may be revised to take
into account vessels that existed on 31 December 2002
but were either not covered by MAGP IV or not
registered on the date the table of
the Annex was
prepared.

Annex I
replaced by the text in the Annex to this Regulation.

to Commission Regulation (EC) No 1438/2003 is

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, 5 November 2008.

For the Commission

Joe BORG
Member of the Commission

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 204, 13.8.2003, p. 21.

L 297/10

EN

Official Journal of the European Union

6.11.2008

ANNEX

‘ANNEX I

Reference levels by Member State (1)

Member State

Reference levels
1 January 2003

R(GT) 03

R(kW) 03

Belgium

Denmark

Germany

Greece

Spain (excluding the capacity registered in the Canary
Islands at 31 December 2002)

France (excluding the MAGP IV objectives
segments of the French Overseas Departments)

for

the

Ireland

Italy

Netherlands

Portugal
segments of Azores and Madeira)

(excluding the MAGP IV objectives for the

Finland

Sweden

United Kingdom

23 372

132 706

84 262

119 910

728 344

230 257

88 700

229 862

197 599

171 502

23 203

51 993

286 120

Total

2 367 830

67 857

459 526

175 927

653 497

1 671 739

920 969

244 834

1 338 971

487 809

412 025

216 195

261 028

1 129 194

8 039 571

(1) The levels of reference may be revised to take into account vessels that existed on 31 December 2002 but were either not covered by

MAGP IV or not registered on the date this table was prepared.’