Council Regulation (EC) No 1207/2008 of 28 November 2008 amending Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions
Date: 2008-11-28
Institutions: Council of the European Union
Subjects: common fisheries policy, derogation from EU law, fishery management, fishing fleet, peripheral region, structural policy

5.12.2008

EN

Official Journal of the European Union

L 327/1

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

I

REGULATIONS

COUNCIL REGULATION (EC) No 1207/2008

of 28 November 2008

amending Regulation (EC) No 639/2004 on the management of fishing fleets registered in the
Community outermost regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
establishing the European
Community, and in particular Article 37 and Article 299(2)
thereof,

Having regard to the proposal from the Commission,

political agreement reached in the Council on 19 June
2006 becomes
impossible within the deadline of
31 December 2008.

(4)

It is, therefore, appropriate to extend the deadline to
2011 for the derogation set out in Article 2(5) of Regu­
lation (EC) No 639/2004.

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

(5)

Regulation (EC) No 639/2004 should therefore be
amended accordingly,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 639/2004 of 30 March
2004 on the management of fishing fleets registered in
the Community outermost regions (2) allows derogations
from Article 13 of 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). That Article provides for
a general scheme to manage entries into the fleet as well
as exits from the fleet.

Article 2(5) of Regulation (EC) No 639/2004 fixes the
period of validity of the derogation from the entry/exit
scheme for fishing vessels having received public aid for
renewal. That period was originally set at 31 December
2007 and was than extended until 31 December 2008
following the political agreement reached in the Council
on 19 June 2006 concerning the European Fisheries
Fund.

The Commission act
allowing the Member States
concerned to grant State aid was adopted later than
the interested shipyards
foreseen. Given the fact
that
implementation of the
have a limited capacity, a full

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 639/2004 is hereby amended as follows:

Article 1

1. Article 2(5) shall be replaced by the following:

‘5. Notwithstanding paragraph 3, for fishing vessels having
received public aid for
the derogation in
paragraph 1(a) will cease to apply three years after the
public aid for renewal has been granted and in any case
not later than 31 December 2011.’

renewal,

2. Article 6 shall be replaced by the following:

‘Article 6

Reporting

(1) Opinion delivered on 21 October 2008 (not yet published in the

Official Journal).

(2) OJ L 102, 7.4.2004, p. 9.
(3) OJ L 358, 31.12.2002, p. 59.

The Commission shall submit to the European Parliament
and the Council a report on the implementation of this
Regulation no later than 30 June 2012.’

L 327/2

EN

Official Journal of the European Union

5.12.2008

This Regulation shall enter into force on the day of 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, 28 November 2008.

For the Council
The President

M. BARNIER