24.7.2007 Official Journal of the European Union L 1921 | (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS 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, 1 May 2004 and 31 December 2006 and from 1 January 2007 onwards. Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, (4 The reduction in engine power required for the repla- cement 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 appli- cation of the entry-exit regime and the adjustment of the reference levels. Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (%), (5)  Regulation (EC) No 2371/2002 should therefore be Whereas: amended accordingly, (1)  Council Regulation (EC) No 2371/2002 of 20 December HAS ADOPTED THIS REGULATION: 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (%) lays down provisions relating to the management of fishing capacity. Article 1 Regulation (EC) No 2371/2002 is hereby amended as follows: (2)  The current provisions applying to the management of flect capacity should "be adapted in the light - of 1. Article 11 shall be replaced by the following: experience. (3)  Member States should be allowed to grant a limited “Article 11 incr.ease in tonnage to new or exist.ing Vessel.s. in order Adjustment of fishing capacity to improve safety, hygiene, working conditions and product quality on board, provided it does not increase 1. Member States shall put in place measures to adjust the the ability of the vessels to catch fish and gives priority fishing capacity of their fleets in order to achieve a stable to small scale coastal fisheries within the meaning of and enduring balance between such fishing capacity and Article 26 of Council Regulation (EC) No 1198/2006 their fishing opportunities. of 27 July 2006 on a European Fisheries Fund (*). That increase should be linked to their efforts to adjust fishing capacity with public aid between 1 January 2003 or 2. Member States shall ensure that the reference levels W26 April 2007 (not yet published in the Official Journal). §xpressed in GT.and kW er fishing C.apacit}{ as established () OJ L 358, 31.12.2002, p. 59. in accordance with this Article and with Article 12 are not (}) OJ L 223, 15.8.2006, p. 1. exceeded.