L 284[14 Official Journal of the European Union 30.10.2007 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 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 exploi- tation of fisheries resources under the common fisheries policy (1), and in particular Articles 11(5), 12(2), 13(2) and 14(2) thereof, Having regard to the Treaty of Accession of Bulgaria and Romania, Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof, Whereas: ()  Commission Regulation (EC) No 1438/2003 (?) estab- lishes implementing rules for the Chapter on Fleet Policy of Regulation (EC) No 2371/2002, in particular for the application of Articles 11, 12, 13 and 14 thereof. (2)  On 28 July 2007 the provisions of Article 11 of Regu- lation (EC) No 2371/2002 have been amended by Regu- lation (EC) No 865/2007 to allow Member States to re- build 4 % of the annual average tonnage scrapped with public aid between 1 January 2003 and 31 December 2006 and 4 % of the tonnage scrapped with public aid as from 1 January 2007. (3)  On 28 July 2007 the provisions of Article 13 of Regu- lation (EC) No 2371/2002 have been amended to take account of the requirement, as laid down in Article 25(33)(b) and (c) of Council Regulation (EC) No 1198/2006 (%), to reduce by at least 20 % the power of an engine that has been replaced with public aid, excluding engine replacements in the small-scale coastal fisheries as defined in that Regulation. In addition, a transitory arrangement is no longer applicable that linked to an overall capacity reduction by 3 % any public aid commitment for fleet renewal occurring after the introduction of the new common fisheries policy and until the end of 2004. () OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (O] L 192, 24.7.2007, p. 1). (3 OJ L 204, 13.8.2003, p. 21. Regulation as amended by Regulation (EC) No 916/2004 (O] L 163, 30.4.2004, p. 81). () O] L 223, 15.8.2006, p. 1. (4)  After completion of the measurement of all fishing vessels, the adjustment rule referring to the effect of such measurement on the tonnage reference level can be discontinued; however, it should be maintained for a strict application of the entry-exit regime in terms of tonnage. (5) It is necessary to revise the existing exemption from the entry-exit regime for the vessels that joined the fleet as from 1 January 2003 or, for those Member States that acceded later, as from the accession date, on the basis of an administrative decision adopted respectively before 1 January 2003 or before the accession date. This revision will allow such exemption for vessels whose entry, although decided in accordance with national and Community law before the accession or the adminis- trative decision, could not benefit from the transitional measures because the three-year transitional period was too short. (6)  Bulgaria and Romania acceded to the Community on 1 January 2007, and therefore the provisions of Regulation (EC) No 1438/2003 should be adapted. (7)  Regulation (EC) No 1438/2003 should therefore be amended accordingly. (8)  The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, HAS ADOPTED THIS REGULATION: Atticle 1 Regulation (EC) No 1438/2003 is amended as follows: 1. Article 2 is amended as follows: (a) Paragraph 1 is replaced by the following: ‘1. “GT," 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;