{
  "url": "https://openlegislation.uk/eu-regulation-2007-1277/article-1",
  "json_url": "https://openlegislation.uk/eu-regulation-2007-1277/article-1.json",
  "legislation": "eur/2007/1277",
  "legislation_title": "Commission Regulation (EC) No 1277/2007 of 29 October 2007 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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2007-1277",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "Regulation (EC) No 1438/2003 is amended as follows:\n1.. Article 2 is amended as follows:\n(a) Paragraph 1 is replaced by the following:\n‘1.\n“GTa1” or “the total tonnage of vessels leaving 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;\nFor the New Member States, “GTa1” or “the total tonnage of vessels leaving 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.’\n(b) Paragraph 3 is replaced by the following:\n‘3.\n“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;’\n(c) Paragraph 11 is replaced by the following:\n‘11.\n“New Member State” means a Member State that acceded to the Community after 1 January 2003.’\n(d) The following paragraph 12 is added:\n‘12.\n“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 Council Regulation (EC) No 1198/2006.’\n2.. Article 4 is replaced by the following:\n‘Monitoring of reference levels\nArticle 4 1. For each Member State, excluding the New Member States, 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 at 1 January 2003 (R(GT)03) adjusted by:\n(a) deducting\n(i) 99 % of the total tonnage of vessels leaving the fleet with public aid between 1 January 2003 and 31 December 2006 (GTa1);\n(ii) 96 % of the total tonnage of vessels leaving the fleet with public aid after 31 December 2006 (GTa2);\n(b) and adding the total tonnage increases granted under the provisions of Article 11(5) of Regulation (EC) No 2371/2002 (GTS).\nThose reference levels shall be determined according to the following formula:\nR(GT)t = R(GT)03 – 0,99 GTa1 – 0,96 GTa2 + GTS\nWhen new fishing capacity enters the fleet under the conditions of Article 13(1)(b)(ii) of Regulation (EC) No 2371/2002 the reference levels mentioned in the second subparagraph 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:\nR(GT)t = R(GT)03 – 0,99 GTa1 – 0,96 GTa2 – 0,35 GT100 + GTS\n2. For each Member State, excluding the New Member States, 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 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).\nThose reference levels shall be determined according to the following formula:\nR(kW)t = R(kW)03 – kWa – 0,2 kWr\nWhen new fishing capacity enters the fleet under the conditions of Article 13(1)(b)(ii) of Regulation (EC) No 2371/2002 the reference levels referred to in the second subparagraph 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:\nR(kW)t = R(kW)03 – kWa – 0,2 kWr – 0,35 kW100 ’\n3.. Article 5 is deleted.\n4.. Article 6 is replaced by the following:\n‘Fishing capacity of the fleet on 1 January 2003\nArticle 6 Except for the New Member States, 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 five years after the date of that administrative decision.’\n5.. Article 6a is replaced by the following:\n‘Fishing capacity of the fleet of the New Member States at the accession date\nArticle 6a For the New Member States, for the purposes of Article 7a, 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 five years before the accession date, and which take place not later than five years after the date of that administrative decision.’\n6.. Article 7 is replaced by the following:\n‘Monitoring of entries and exits\nArticle 7 1. In order to comply with Article 13 of Regulation (EC) No 2371/2002 each Member State, excluding the New Member States, 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:\n(a) deducting:\n(i) 99 % of the total tonnage of vessels leaving the fleet with public aid between 1 January 2003 and 31 December 2006 (GTa1);\n(ii) 96 % of the total tonnage of vessels leaving the fleet with public aid after 31 December 2006 (GTa2);\n(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);\n(b) and adding\n(i) the total tonnage increases granted under the provisions of Article 11(5) of Regulation (EC) No 2371/2002 (GTS);\n(ii) the result of the re-measurement of the fleet (Δ(GT-GRT)).\nEach Member State shall ensure that the following formula is complied with:\nGTt ≤ GT03 – 0,99 GTa1 – 0,96 GTa2 – 0,35 GT100 + GTS + Δ(GT-GRT)\n2. In order to comply with Article 13 of Regulation (EC) No 2371/2002, each Member State, excluding the New Member States, 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:\n(a) the total power of vessels leaving the fleet with public aid after 31 December 2002 (kWa);\n(b) 20 % of the total power of the engines replaced with public aid conditional to a power reduction (kWr);\n(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).\nEach Member State shall ensure that the following formula is complied with:\nkWt ≤ kW03 – kWa – 0,2 kWr – 0,35 kW100 ’\n7.. Article 7a is replaced by the following:\n‘Monitoring of entries and exits in the New Member States\nArticle 7a 1. In order to comply with Article 13 of Regulation (EC) No 2371/2002, each New Member State 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:\n(a) deducting:\n(i) for the new Member States that acceded the to Community on 1 May 2004, 98,5 % of the total tonnage of vessels leaving the fleet with public aid between that date and 31 December 2006 (GTa1);\n(ii) For each new Member State, 96 % of the total tonnage of vessels leaving the fleet with public aid after 31 December 2006 (GTa2);\n(iii) For each new Member State, 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);\n(b) and adding\n(i) the total tonnage increases granted under the provisions of Article 11(5) of Regulation (EC) No 2371/2002 (GTS);\n(ii) the result of the re-measurement of the fleet (Δ(GT-GRT)).\nEach New Member State shall ensure that the following formula is complied with:\nGTt ≤ GTacc – 0,985 GTa1 – 0,96 GTa2 – 0,35 GT100 + GTS + Δ(GT-GRT)\n2. In order to comply with Article 13 of Regulation (EC) No 2371/2002, each New Member State 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:\n(a) the total power of vessels leaving the fleet with public aid on or after the accession date (kWa);\n(b) 20 % of the total power of the engines replaced with public aid conditional to a power reduction (kWr);\n(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).\nEach New Member State shall ensure that the following formula is complied with:\nkWt ≤ kWacc – kWa – 0,2 kWr – 0,35 kW100 ’\n8.. Annex II is amended in accordance with Annex I to this Regulation.\n9.. Annex III is replaced by the text in Annex II to this Regulation.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 223, 15.8.2006, p. 1.’"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 175, 3.7.1997, p. 27.’"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2007/1277/article/1",
    "retrieved_at": "2026-11-01T14:52:37.434581+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}