Legal provisions of COM(2003)175 - Management of fishing fleets registered in the outermost regions

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dossier COM(2003)175 - Management of fishing fleets registered in the outermost regions.
document COM(2003)175 EN
date March 30, 2004


Contents

Article 1 - Specific reference levels

1. For the fleet segments registered in the outermost regions as indicated in Article 299(2) of the Treaty the following specific reference levels for fishing capacity shall apply:

(a) for the French overseas departments, the Azores and Madeira: the respective MAGP IV objectives for each fleet segment, expressed in kW and GT, for each outermost region at the end of 2002;

(b) for the Canary Islands: reference levels that take as their starting point the capacities in kW and GT of the relevant fleet segments for vessels registered in Canary Island ports on 1 January 2003 and may be increased on the basis of fishing opportunities for these segments. Increases may be justified up to the objectives that would have been adopted if MAGP IV procedures had applied to these particular segments and shall be in accordance with the most recent scientific advice validated by the Scientific Technical and Economic Committee for Fisheries established pursuant to Article 33 of Regulation (EC) No 2371/2002.

2. Implementing rules for this Article shall be adopted in accordance with the procedure referred to in Article 5(2).

Article 2 - Fleet renewal and modernisation

For the fleet segments covered by Article 1(1):

1. by way of derogation from Article 13 of Regulation (EC) No 2371/2002:

(a) new capacity may enter the fleet, with or without public aid, within the limits of the specific reference levels indicated in Article 1,

(b) the obligation to achieve a reduction in overall fleet capacity of 3 % of the reference levels is not applicable;

2. by way of derogation from Article 9(1)(c)(i) of Regulation No 2792/1999, public aid to modernise the fleet in terms of tonnage and/or power may be granted;

3. the derogations laid down in paragraphs 1 and 2 above shall cease to apply as soon as the reference levels are reached, and in any case not later than 31 December 2006;

4. by way of derogation from Article 9(1)(a) of Regulation No 2792/1999, public aid for the renewal of fishing vessels may be granted until 31 December 2005;

5. notwithstanding paragraph 3 above, for fishing vessels having received public aid for renewal, the derogation in paragraph 1(a) above, will cease to apply two years after the public aid for renewal has been granted and in any case not later than 31 December 2007.

Article 3 - Transfer of vessels to the continent

Any transfer of a vessel from an outermost region to the continent shall be treated as an entry in the continental fleet within the meaning of Article 13 of Regulation (EC) No 2371/2002. Public aid for fleet renewal and for the equipment or modernisation of fishing vessels shall be reimbursed pro rata temporis in the case of transfer of a vessel to the continent before the end of a period of:

(a) 10 years in the case of public aid for fleet renewal; and

(b) five years in the case of public aid for the equipment or modernisation of fishing vessels

to be dated from the time when the administrative decision to grant aid was taken.

Article 4 - Management of capacity

1. Member States shall manage fleets registered in outermost regions in such a way as to comply with this Regulation.

2. Member States shall make available to the Commission information on vessels registered in their outermost regions in accordance with Article 15 of Regulation (EC) No 2371/2002.

3. Rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 5(2).

Article 5 - Committee procedure

1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 20 working days.

3. The Committee shall adopt its Rules of Procedure.

Article 6 - Reporting

The Commission shall submit to the European Parliament and the Council a report on the implementation of this Regulation no later than 31 December 2006.

Article 7 - Entry into force

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

It shall apply from 1 January 2003.


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