6.11.2008 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 23712002 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 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 Regu- lation (EC) No 1438/2003 of 12 August 2003 laying down implementing rules on the Community Fleet Policy as defined in Chapter Il of Council Regulation (EC) No 2371/2002 (3. (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 1719 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 [ 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. () O] L 358, 31.12.2002, p. 59. () O] L 204, 13.8.2003, p. 21. For the Commission Joe BORG Member of the Commission