CHAPTER ISCOPE AND DEFINITIONS

Article 1ScopeThis Regulation lays down the implementing rules for Chapter III of Regulation (EC) No 2371/2002. It shall apply to the fishing capacity of Union fishing vessels with the exception of vessels which are:(a)exclusively used in aquaculture as defined in Article 3(d) of Regulation (EC) No 1198/2006; or(b)registered in the outermost regions of France, Portugal and Spain as indicated in point 1 of Article 355 of the Treaty.

Article 2DefinitionsFor the purpose of this Regulation the following definitions shall apply:(1)"GTa1" or "the total tonnage of vessels that left the fleet with public aid between 1 January 2003 and 31 December 2006" means the total tonnage of vessels that left the fleet with public aid between 1 January 2003 and 31 December 2006. In the formula concerning the reference level in tonnage in Article 4 this value is only taken into account for the amount of capacity that went beyond the tonnage reduction necessary to comply with the reference levels under Article 12(1) of Regulation (EC) No 2371/2002.For the Member States listed in Annex I, Part B, "GTa1" or "the total tonnage of vessels that left the fleet with public aid between 1 January 2003 and 31 December 2006" means the total tonnage of vessels that left the fleet with public aid between the accession date and 31 December 2006;(2)"GTS" or "the total tonnage increases granted under the provisions of Article 11(5) of Regulation (EC) No 2371/2002" means the total tonnage increases granted under Article 11(5) of Regulation (EC) No 2371/2002 and registered before the date for which GTt is calculated;(3)"GTa2" or "the total tonnage of vessels leaving the fleet with public aid after 31 December 2006" means the total tonnage of vessels that left the fleet with public aid between 1 January 2007 and the date for which GTt is calculated. In the formula concerning the reference level in tonnage in Article 4 this value is only taken into account for the amount of capacity that went beyond the tonnage reduction necessary to comply with the reference levels under Article 12(1) of Regulation (EC) No 2371/2002;(4)"GT100" or "the total tonnage of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002" means the total tonnage of vessels of more than 100 GT that entered into the fleet between 1 January 2003 and the date for which GTt is calculated, and for which an administrative decision by the Member State concerned to grant aid was taken after 31 December 2002.For the Member States listed in Annex I, Part B "GT100" or "the total tonnage of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002" means the total tonnage of vessels of more than 100 GT that entered into the fleet between 1 May 2004 and the date for which GTt is calculated, and for which an administrative decision by the Member State concerned to grant aid was taken after 30 April 2004;(5)"kWa" or "the total power of vessels leaving the fleet with public aid after 31 December 2002" means the total power of vessels that left the fleet with public aid between 1 January 2003 and the date for which kWt is calculated. In the formula concerning the reference level in power in Article 4 this value is only taken into account for the amount of capacity that went beyond the power reduction necessary to comply with the reference levels under Article 12(1) of Regulation (EC) No 2371/2002.For the Member States listed in Annex I, Part B "kWa" or "the total power of vessels leaving the fleet with public aid after 31 December 2002" means the total power of vessels that left the fleet with public aid between 1 May 2004 and the date for which kWt is calculated;(6)"kW100" or "the total power of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002" means the total power of vessels of more than 100 GT that entered into the fleet between 1 January 2003 and the date for which kWt is calculated, and for which an administrative decision by the Member State concerned to grant aid was taken after 31 December 2002.For the Member States listed in Annex I, Part B "kW100" or "the total power of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002" means the total power of vessels of more than 100 GT that entered into the fleet between 1 May 2004 and the date for which kWt is calculated, and for which an administrative decision by the Member State concerned to grant aid was taken after 30 April 2004;(7)"GTt" means the total tonnage of the fleet, calculated at any given date after 1 January 2003;(8)"Δ(GT-GRT)" or "the result of the remeasurement of the fleet" means the difference between the total capacity in terms of tonnage of the fleet on 1 January 2003 and the same value recalculated once the remeasurement of the fleet in GT is completed in accordance with Regulation (EEC) No 2930/86;(9)"kWt" means the total power of the fleet calculated at any date after 1 January 2003;(10)"main deck" means the "upper deck" as defined by the International Convention on Tonnage Measurement of Ships, 1969;(11)"kWr" or "the total power of the engines replaced with public aid conditional to a power reduction" means the total power of the engines replaced with public aid after 31 December 2006 under the provisions of Article 25(3)(b) and (c) of Regulation (EC) No 1198/2006.

CHAPTER IIREFERENCE LEVELS FOR FISHING FLEETS

Article 3Fixing of reference levelsFor each Member State listed in Annex I, Part A the reference levels in tonnage (GT) and power (kW) at 1 January 2003 as referred to in Article 12 of Regulation (EC) No 2371/2002, except those for the outermost regions, are set out in Annex I, Part A.

Article 4Monitoring of reference levels1.For each Member State listed in Annex I, Part A, the reference level in tonnage at any given date after 1 January 2003 (R(GT)t) shall be equal to the reference level for that Member State set out in Annex I, Part A at 1 January 2003 (R(GT)03) adjusted by:(a)deducting:(i)99 % of the total tonnage of vessels that left the fleet with public aid between 1 January 2003 and 31 December 2006 (GTa1);(ii)96 % of the total tonnage of vessels leaving the fleet with public aid after 31 December 2006 (GTa2);(b)and adding the total tonnage increases granted under the provisions of Article 11(5) of Regulation (EC) No 2371/2002 (GTS).Those reference levels shall be determined according to the following formula:R(GT)t = R(GT)03 – 0,99 GTa1 – 0,96 GTa2 + GTSWhen new fishing capacity enters the fleet in accordance with Article 13(1)(b)(ii) of Regulation (EC) No 2371/2002 the reference levels mentioned in the second subparagraph of this paragraph shall be reduced by 35 % of the total tonnage of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002 (GT100) according to the following formula:R(GT)t = R(GT)03 – 0,99 GTa1 – 0,96 GTa2 – 0,35 GT100 + GTS2.For each Member State listed in Annex I, Part A, the reference level in power at any given date after 1 January 2003 (R(kW)t) shall be equal to the reference level for that Member State set out in Annex I, Part A at 1 January 2003 (R(kW)03) as adjusted by deducting the total power of vessels leaving the fleet with public aid after 31 December 2002 (kWa) and 20 % of the total power of the engines replaced with public aid conditional to a power reduction (kWr).Those reference levels shall be determined according to the following formula:R(kW)t = R(kW)03 – kWa – 0,2 kWrWhen new fishing capacity enters the fleet in accordance with Article 13(1)(b)(ii) of Regulation (EC) No 2371/2002 the reference levels referred to in the second subparagraph of this paragraph shall be reduced by 35 % of the total power of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002 (kW100) according to the following formula:R(kW)t = R(kW)03 – kWa – 0,2 kWr – 0,35 kW100

CHAPTER IIIMANAGEMENT OF ENTRIES AND EXITS

Article 5Fishing capacity of the fleet on 1 January 2003Except for the Member States listed in Annex I, Part B, for the purposes of Article 7 the fishing capacity in terms of tonnage (GT03) and power (kW03) at 1 January 2003 shall be determined taking into account, in accordance with Annex II, the entries of vessels which are based on an administrative decision by the Member State concerned taken between 1 January 1998 and 31 December 2002 in conformity with the legislation applicable at that time, and in particular in accordance with the national entry/exit regime notified to the Commission under Article 6(2) of Decision 97/413/EC, and which take place not later than 5 years after the date of that administrative decision.

Article 6Fishing capacity of the fleet of the Member States listed in Annex I, Part B at the accession dateFor the Member States listed in Annex I, Part B, for the purposes of Article 8, the fishing capacity in terms of tonnage (GTacc) and power (kWacc) at the accession date shall be determined taking into account, in accordance with Annex III, the entries of vessels which are based on an administrative decision by the Member State concerned taken up to 5 years before the accession date, and which take place not later than 5 years after the date of that administrative decision.

Article 7Monitoring of entries and exits1.In order to comply with Article 13 of Regulation (EC) No 2371/2002 each Member State listed in Annex I, Part A to this Regulation, shall ensure that at all times the fishing capacity in tonnage (GTt) is equal to or less than the fishing capacity at 1 January 2003 (GT03) as adjusted by:(a)deducting:(i)99 % of the total tonnage of vessels that left the fleet with public aid between 1 January 2003 and 31 December 2006 (GTa1);(ii)96 % of the total tonnage of vessels leaving the fleet with public aid after 31 December 2006 (GTa2);(iii)35 % of the total tonnage of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002 (GT100);(b)and adding:(i)the total tonnage increases granted under the provisions of Article 11(5) of Regulation (EC) No 2371/2002 (GTS);(ii)the result of the remeasurement of the fleet (Δ(GT-GRT)).Those Member States shall ensure that the following formula is complied with:GTt ≤ GT03 – 0,99 GTa1 – 0,96 GTa2 – 0,35 GT100 + GTS + Δ(GT-GRT)2.In order to comply with Article 13 of Regulation (EC) No 2371/2002, each Member State listed in Annex I, Part A to this Regulation, shall ensure that at all times the fishing capacity in power (kWt) is equal to or less than the fishing capacity at 1 January 2003 (kW03) as adjusted by deducting:(a)the total power of vessels leaving the fleet with public aid after 31 December 2002 (kWa);(b)20 % of the total power of the engines replaced with public aid conditional to a power reduction (kWr);(c)35 % of the total power of vessels of more than 100 GT entering the fleet with public aid granted after 31 December 2002 (kW100).Those Member States shall ensure that the following formula is complied with:kWt ≤ kW03 – kWa – 0,2 kWr – 0,35 kW100

Article 8Monitoring of entries and exits in the Member States listed in Annex I, Part B1.In order to comply with Article 13 of Regulation (EC) No 2371/2002, each Member State listed in Annex I, Part B to this Regulation shall ensure that at all times the fishing capacity in tonnage (GTt) is equal to or less than the fishing capacity at the accession date (GTacc), as adjusted by:(a)deducting:(i)for the Member States listed in Annex I, Part B that acceded to the Union on 1 May 2004, 98,5 % of the total tonnage of vessels that left the fleet with public aid between that date and 31 December 2006 (GTa1);(ii)for each Member State listed in Annex I, Part B, 96 % of the total tonnage of vessels leaving the fleet with public aid after 31 December 2006 (GTa2);(iii)for each Member State listed in Annex I, Part B, 35 % of the total tonnage of vessels of more than 100 GT entering the fleet with public aid granted on or after the accession date (GT100);(b)and adding:(i)the total tonnage increases granted under the provisions of Article 11(5) of Regulation (EC) No 2371/2002 (GTS);(ii)the result of the remeasurement of the fleet (Δ(GT-GRT)).Those Member States shall ensure that the following formula is complied with:GTt ≤ GTacc – 0,985 GTa1 – 0,96 GTa2 – 0,35 GT100 + GTS + Δ(GT-GRT)2.In order to comply with Article 13 of Regulation (EC) No 2371/2002, each Member State listed in Annex I, Part B to this Regulation shall ensure that at all times the fishing capacity in power (kWt) is equal to or less than the fishing capacity at the accession date (kWacc), as adjusted by deducting:(a)the total power of vessels leaving the fleet with public aid on or after the accession date (kWa);(b)20 % of the total power of the engines replaced with public aid conditional to a power reduction (kWr);(c)35 % of the total power of vessels of more than 100 GT entering the fleet with public aid granted on or after the accession date (kW100).Those Member States shall ensure that the following formula is complied with:kWt ≤ kWacc – kWa – 0,2 kWr – 0,35 kW100

CHAPTER IVINCREASE IN TONNAGE TO IMPROVE SAFETY ON BOARD, WORKING CONDITIONS, HYGIENE AND PRODUCT QUALITY

Article 9Eligibility of requests to increase tonnageA request to increase the tonnage of a vessel under Article 11(5) of Regulation (EC) No 2371/2002 shall be considered eligible subject to compliance with the following conditions:(a)the vessel has not already been granted an increase in tonnage under those provisions;(b)the vessel has an overall length of 15 m or more;(c)the age of the vessel, calculated as the difference between the date of receipt of the application and the date of entry into service as defined in Article 6 of Regulation (EEC) No 2930/86, is at least 5 years;(d)the increase in tonnage is the result of modernisation works to be performed with the purpose of improving safety on board, working conditions, hygiene or product quality;(e)the works referred to in point (d) do not increase the volume under the main deck;(f)the works referred to in point (d) do not result in additional volume devoted to fish holds or fishing gear.

Article 10Responsibilities of Member States1.Member States shall assess the requests to increase the tonnage and decide if they are eligible in accordance with the conditions provided for in Article 9.2.Member States shall keep a file for each vessel for which a decision on an increase in tonnage under the provisions of Article 11(5) of Regulation (EC) No 2371/2002 has been taken. That file shall include all technical information used in the assessment of the request by the Member State. Member States shall make such files available to the Commission upon request and without delay.

CHAPTER VDATA COLLECTION

Article 11Collection of information by the Member State and communication of information to the Commission1.Each Member State shall collect information on:(a)each entry into or exit from the fleet;(b)each modernisation of a vessel that affects its fishing capacity.2.Member States shall communicate at least the following data to the Commission:(a)the internal number and the name of the vessel;(b)the fishing capacity of the vessel in GT and kW;(c)the port of registration of the vessel;(d)the nature and dates of the following events:(i)exit (e.g. scrapping, export, transfer to another Member State, joint venture, transfer to another activity);(ii)entry (e.g. construction, import, transfer from another Member State, transfer from another activity); or(iii)modernisation, specifying if it is for reasons of safety in accordance with Article 11(5) of Regulation (EC) No 2371/2002;(e)whether the event is supported with public aid;(f)if appropriate, the date of the administrative decision by the Member State to grant that aid;(g)in the case of a modernisation, the modification of power (in kW), the modification of tonnage (in GT) above and below the main deck.

CHAPTER VIEXCHANGE OF INFORMATION AND ANNUAL REPORT

Article 12Exchange of informationMember States shall make available to other Member States and to the Commission the information related to the implementation of Union legislation on fleet policy including the following:(a)national implementing rules and instruments to ensure compliance with Chapter III of Regulation (EC) No 2371/2002;(b)administrative procedures for fleet monitoring and surveillance and information on which authorities are involved;(c)information on the development of fleet capacity, in particular on withdrawals and renewals with public aid;(d)plans to reduce the fleet in order to comply with the reference levels where appropriate;(e)information on the development of fleet capacity in their outermost regions in relation to transfers of vessels between the mainland and the outermost regions;(f)information on the impact on fleet capacity of effort limitation schemes, in particular when they are part of a recovery plan or a multiannual management plan;(g)any other information deemed relevant and useful for the purpose of the exchange of information and best practices between Member States.

Article 13Annual report1.Each Member State shall send to the Commission by 30 April each year, in electronic format, a report on its efforts during the previous year to achieve a sustainable balance between fishing capacity and fishing opportunities.2.On the basis of the data in the Union fishing fleet register and information contained in the reports received in accordance with paragraph 1, the Commission shall prepare a summary and present it to the Scientific, Technical and Economic Committee for Fisheries and to the Committee for Fisheries and Aquaculture established under Article 30(1) of Regulation (EC) No 2371/2002, before 31 July each year.Those two committees shall transmit their opinion to the Commission no later than 31 October each year.3.By 31 December each year, the Commission shall send the summary with the Member States’ reports attached to the European Parliament and the Council, accompanied by the opinions of the committees mentioned in paragraph 2.

Article 14Information to be contained in the annual reports1.The reports by the Member States as provided for in Article 13 shall contain at least the following information:(a)a description of the fishing fleets in relation to fisheries: development(s) during the previous year, including fisheries covered by multiannual management or recovery plans;(b)the impact on fishing capacity of fishing effort reduction schemes adopted under multiannual management or recovery plans or, if appropriate, under national schemes;(c)information on the compliance with the entry/exit scheme and with the level of reference;(d)a summary report on the weaknesses and strengths of the fleet management system together with a plan for improvements and information on the general level of compliance with fleet policy instruments;(e)any information on changes of the administrative procedures relevant to the management of the fleet.2.The reports by Member State shall not exceed 10 pages.

Article 15Regulation (EC) No 1438/2003 is repealed.References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex V.

Article 16This Regulation shall enter into force on the 20th day following 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, 10 November 2010.For the CommissionThe PresidentJosé Manuel BarrosoANNEX IPART A

Reference levels by Member StateThe 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.

Member State	Reference levels 1 January 2003
Member State	R(GT)03	R(kW)03
Belgium	23372	67857
Denmark	132706	459526
Germany	84262	175927
Ireland	88700	244834
Greece	119910	653497
Spain (excluding the capacity registered in the Canary Islands at 31 December 2002)	728344	1671739
France (excluding the MAGP IV objectives for the segments of the French overseas departments)	230257	920969
Italy	229862	1338971
Netherlands	197599	487809
Portugal (excluding the MAGP IV objectives for the segments of Azores and Madeira)	171502	412025
Finland	23203	216195
Sweden	51993	261028
United Kingdom	286120	1129194
Total	2367830	8039571

PART BList of Member States that acceded after 1 January 2003BulgariaCzech RepublicEstoniaCyprusLatviaLithuaniaHungaryMaltaPolandRomaniaSloveniaSlovakiaANNEX IIRules for the calculation of the fishing capacity in terms of tonnage (GT03) and power (kW03) at 1 January 2003For the purposes of this Annex:1."GTFR" means the fishing capacity of the fleet on 1 January 2003 in terms of tonnage as calculated on the basis of the Union fishing fleet register;2."GT1" means the total tonnage of vessels which entered the fleet after 31 December 2002 with public aid based on an administrative decision taken between 1 January 1998 and 31 December 2002, for which an associated capacity was withdrawn without public aid between 1 January 1998 and 31 December 2002;3."GT2" means the total tonnage of vessels which entered the fleet after 31 December 2002 with public aid based on an administrative decision taken between 1 January 2002 and 30 June 2002 in an MAGP IV segment that did not comply with its objectives, for which an associated capacity withdrawal without public aid has taken place after 31 December 2002;4."GT3" means the total tonnage of vessels which entered the fleet after 31 December 2002 without public aid based on an administrative decision taken between 1 January 1998 and 31 December 2002, for which an associated capacity was withdrawn without public aid between 1 January 1998 and 31 December 2002;5."GT4" means the total tonnage of vessels which entered the fleet after 31 December 2002 with public aid based on an administrative decision taken between 1 January 2000 and 31 December 2001 in an MAGP IV segment that did not comply with its objectives, for which an associated capacity withdrawal without public aid has taken place 31 December 2002;6."kWFR" means fishing capacity of the fleet on 1 January 2003 in terms of power as calculated on the basis of the Union fishing fleet register;7."kW1" means the total power of vessels which entered the fleet after 31 December 2002 with public aid based on an administrative decision taken between 1 January 1998 and 31 December 2002, for which an associated capacity was withdrawn without public aid between 1 January 1998 and 31 December 2002;8."kW2" means the total power of vessels which entered the fleet after 31 December 2002 with public aid based on an administrative decision taken between 1 January 2002 and 30 June 2002 in an MAGP IV segment that did not comply with its objectives, for which an associated capacity withdrawal without public aid has taken place 31 December 2002;9."kW3" means the total power of vessels which entered the fleet after 31 December 2002 without public aid based on an administrative decision taken between 1 January 1998 and 31 December 2002, for which an associated capacity was withdrawn without public aid between 1 January 1998 and 31 December 2002;10."kW4" means the total power of vessels which entered the fleet after 31 December 2002 with public aid based on an administrative decision taken between 1 January 2000 and 31 December 2001 in an MAGP IV segment that did not comply with its objectives, for which an associated capacity withdrawal without public aid has taken place 31 December 2002.The fishing capacity of the fleet expressed in terms of tonnage GT03 and power kW03, as defined in Article 6, shall be calculated in accordance with the following formulae:GT03 = GTFR + GT1 – 0,35 GT2 + GT3 – 0,30 GT4kW03 = kWFR + kW1 – 0,35 kW2 + kW3 – 0,30 kW4ANNEX IIIRules for the calculation of the fishing capacity in terms of tonnage (GTacc) and power (kWacc) for the Member States listed in Annex I, Part B on the accession dateFor the purposes of this Annex:1."GTFR" means the fishing capacity of the fleet on the date of accession in terms of tonnage as calculated on the basis of the Union fishing fleet register;2."GT1" means the total tonnage of vessels which entered the fleet after the accession date based on an administrative decision taken up to 5 years before the accession date;3."kWFR" means fishing capacity of the fleet on the date of accession in terms of power as calculated on the basis of the Union fishing fleet register;4."kW1" means the total power of vessels which entered the fleet after the accession date based on an administrative decision taken up to 5 years before the accession date.The fishing capacity of the fleet expressed in terms of tonnage GTacc and power kWacc, as defined in Article 6, shall be calculated in accordance with the following formulae:GTacc = GTFR + GT1kWacc = kWFR + kW1ANNEX IV

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 1438/2003	(OJ L 204, 13.8.2003, p. 21)
Commission Regulation (EC) No 916/2004	(OJ L 163, 30.4.2004, p. 81)
Commission Regulation (EC) No 1277/2007	(OJ L 284, 30.10.2007, p. 14)
Commission Regulation (EC) No 1086/2008	(OJ L 297, 6.11.2008, p. 9)

ANNEX V

Correlation table

Regulation (EC) No 1438/2003	This Regulation
Article 1	Article 1
Article 2, points 1 to 10	Article 2, points (1) to (10)
Article 2, point 11	—
Article 2, point 12	Article 2, point (11)
Articles 3 and 4	Articles 3 and 4
Article 6	Article 5
Article 6a	Article 6
Article 7	Article 7
Article 7a	Article 8
Article 8	Article 9
Article 9	Article 10
Article 10(1) and (2)	Article 11(1) and (2)
Article 10(3)	—
Article 11	Article 12
Article 12	Article 13
Article 13	Article 14
—	Article 15
Article 14, first paragraph	Article 16
Article 14, second paragraph	—
Annex I	Annex I, Part A
—	Annex I, Part B
Annexes II and III	Annexes II and III
—	Annex IV
—	Annex V

Amendments and corrections
December 31, 2013	Repealed by 32017R1756 See Art. 1
December 1, 2010	Entry into force - Date pub. +20 See Art 16

Commission Regulation (EU) No 1013/2010 of 10 November 2010 laying down implementing rules on the Union Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 (Codified version)