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Document 32008R1086

    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

    OJ L 297, 6.11.2008, p. 9–10 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document No longer in force, Date of end of validity: 30/11/2010; Repealed by 32010R1013

    ELI: http://data.europa.eu/eli/reg/2008/1086/oj

    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,

    Having regard to the Treaty establishing the European Community,

    Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 12(1) thereof,

    Whereas:

    (1)

    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 Regulation (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).

    (2)

    According to Article 1 of Regulation (EC) No 1438/2003, that Regulation applies to the fishing 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.

    (3)

    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.

    (4)

    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.

    (5)

    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, the registration of these vessels had not been completed at the time of establishing the reference levels. On 4 April 2008, Ireland submitted to the Commission the final list of vessels and requested the Commission to amend the reference level for the Irish fleet accordingly. In addition, it is necessary to take account of the fishing capacity of mussel dredgers which were previously not registered. Consequently, the reference levels for Ireland should be increased by 1 719 GT and 14 608 kW.

    (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

    Annex I to Commission Regulation (EC) No 1438/2003 is replaced by the text in the Annex to this Regulation.

    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.


    ANNEX

    ‘ANNEX I

    Reference levels by Member State (1)

    Member State

    Reference levels

    1 January 2003

    R(GT) 03

    R(kW) 03

    Belgium

    23 372

    67 857

    Denmark

    132 706

    459 526

    Germany

    84 262

    175 927

    Greece

    119 910

    653 497

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

    728 344

    1 671 739

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

    230 257

    920 969

    Ireland

    88 700

    244 834

    Italy

    229 862

    1 338 971

    Netherlands

    197 599

    487 809

    Portugal (excluding the MAGP IV objectives for the segments of Azores and Madeira)

    171 502

    412 025

    Finland

    23 203

    216 195

    Sweden

    51 993

    261 028

    United Kingdom

    286 120

    1 129 194

    Total

    2 367 830

    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.’


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