Regulation 2007/865 - Amendment of Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation was in effect from July 27, 2007 until December 31, 2013.

2.

Key information

official title

Council Regulation (EC) No 865/2007 of 10 July 2007 amending Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
 
Legal instrument Regulation
Number legal act Regulation 2007/865
Original proposal COM(2006)587 EN
CELEX number i 32007R0865

3.

Key dates

Document 10-07-2007
Publication in Official Journal 24-07-2007; OJ L 192, 24.7.2007,Special edition in Croatian: Chapter 04 Volume 005
Effect 27-07-2007; Entry into force Date pub. + 3 See Art 2
End of validity 31-12-2013; Repealed by 32013R1380

4.

Legislative text

24.7.2007   

EN

Official Journal of the European Union

L 192/1
 

COUNCIL REGULATION (EC) No 865/2007

of 10 July 2007

amending Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

 

(1)

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) lays down provisions relating to the management of fishing capacity.
 

(2)

The current provisions applying to the management of fleet capacity should be adapted in the light of experience.
 

(3)

Member States should be allowed to grant a limited increase in tonnage to new or existing vessels in order to improve safety, hygiene, working conditions and product quality on board, provided it does not increase the ability of the vessels to catch fish and gives priority to small scale coastal fisheries within the meaning of Article 26 of Council Regulation (EC) No 1198/2006 of 27 July 2006 on a European Fisheries Fund (3). That increase should be linked to their efforts to adjust fishing capacity with public aid between 1 January 2003 or 1 May 2004 and 31 December 2006 and from 1 January 2007 onwards.
 

(4)

The reduction in engine power required for the replacement of engines with public aid under the provisions of Article 25(3)(b) and (c) of Regulation (EC) No 1198/2006 should be considered as an exit of capacity from the fleet with public aid in relation to the application of the entry-exit regime and the adjustment of the reference levels.
 

(5)

Regulation (EC) No 2371/2002 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2371/2002 is hereby amended as follows:

 

1.

Article 11 shall be replaced by the following:

‘Article 11

Adjustment of fishing capacity

  • 1. 
    Member States shall put in place measures to adjust the fishing capacity of their fleets in order to achieve a stable and enduring balance between such fishing capacity and their fishing opportunities.
  • 2. 
    Member States shall ensure that the reference levels expressed in GT and kW for fishing capacity as established in accordance with this Article and with Article 12 are not exceeded.
  • 3. 
    No exit from the fleet supported by public aid shall be permitted unless preceded by the withdrawal of the fishing licence as defined in Commission Regulation (EC) No 1281/2005 (4) and, where provided for, the fishing authorisations as defined in the relevant regulations. Without prejudice to the provisions of paragraph 6, the capacity corresponding to the licence, and where necessary to the fishing authorisations for the fisheries concerned, cannot be replaced.
  • 4. 
    Where public aid is granted for the withdrawal of fishing capacity that goes beyond the capacity reduction necessary to comply with the reference levels as established in accordance with this Article and with Article 12, the amount of the capacity withdrawn shall be automatically deducted from the reference levels. The reference levels thus obtained shall become the new reference levels.
  • 5. 
    On fishing vessels of five years of age or more, modernisation over the main deck to improve safety on board, working conditions, hygiene and product quality may increase the tonnage of the vessel, provided that such modernisation does not increase the ability of the vessel to catch fish. The reference levels, as established in accordance with this Article and with Article 12...

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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

Full version

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8.

EU Monitor

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