Explanatory Memorandum to COM(2008)444 - Amendment of Regulation (EC) No 639/2004 on the management of fishing fleets registered in the EC outermost regions - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)444 - Amendment of Regulation (EC) No 639/2004 on the management of fishing fleets registered in the EC outermost regions. |
|---|---|
| source | COM(2008)444  |
| date | 09-07-2008 |
- 110Grounds for and objectives of the proposal
Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (hereinafter OR's) lays down derogations from the entry/exit scheme foreseen in Article 13 of Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy and from the prohibition to use public funds to modernise or renew the fleet set out in Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector. The deadline for such derogations had been extended for one year following the political agreement reached in the Council on 19 June 2006 concerning the European Fisheries Fund (EFF). However, the late adoption of Commission's legal instrument allowing the Member States concerned to grant State aid, together with the limited ability of shipyards has made it impossible to comply with the deadline for the entry into the fleet of the fishing vessels receiving national State aid for renewal by 31 December 2008, as stipulated in Regulation (EC) No 639/2004.
The purpose of this proposal is to extend by one year this deadline with a view to allowing the member States concerned make full use of the agreement reached in 2006.
- 120General context
The special regime for the management of fleets in OR's is a consequence of the particular structural, social and economic situation of these regions in the Community context. Recognition of the specificity of OR's characteristics honours Article 299 i of the Treaty.
- 130Existing provisions in the area of the proposal
The management of fishing fleets in the outermost regions is governed by Council Regulation (EC) No 639/2004 of 30 March 2004 and Commission Regulation (EC) No 2104/2004 of 9 December 2004 laying down detailed implementing rules for Council Regulation (EC) No 639/2004.
- 141Consistency with the other policies and objectives of the Union
Not applicable.
2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENTS
- Consultation of interested parties
Exchange of correspondence with the member States concerned has alerted the services of the Commission about the problem.
212
- Collection and use of expertise
229Use of external expertise was not necessary.230
- Impact assessment
Given the very limited reach of this proposal, an impact analysis is not required.
3) LEGAL ELEMENTS OF THE PROPOSAL305
- Summary of the proposed action
Extension of the deadline for the entry into the fleet of additional fishing capacity required for the renewal or modernisation of vessels using public aid.310
- Legal basis
Articles 37 et 299 i of the Treaty329
- Subsidiarity principle
The proposal concerns an area that falls under exclusive Community competence. The subsidiarity principle therefore does not apply.
- Proportionality principle
The proposal complies with the principle of proportionality, for the following reasons:331
Not applicable.
- Choice of instruments
Proposed instrument: regulation amending existing regulation.
Other means would not be adequate, for the following reasons:
Not applicable.
4)
The proposal has no implications for the Community budget.