11.11.2010 Official Journal of the European Union L 2931 (Non-legislative acts) REGULATIONS 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 (codification) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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 (), and in particular Article 11(7), the first subparagraph of Article 12(1), Article 12(2), Article 13(2) and Article 14(2) thereof, Whereas: 1 Commission Regulation (EC) No 1438/2003 of 12 August 2003 laying down implementing rules on the Community Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 (3 has been substantially amended several times (). In the interests of clarity and rationality the said Regulation should be codified. The adjustment in fishing capacity of the Union fishing fleet should be monitored closely to bring it into line with the available resources. To that end, Chapter III of Regulation (EC) No 2371/2002 sets out a number of specific measures. Rules should be laid down to ensure the correct implementation of Chapter III of Regulation (EC) No 2371/2002 by the Member States, taking into account all relevant parameters for the management of fleet capacity, in terms of tonnage (GT) and power (kW), provided for in that Regulation and also in Council Regu- lation (EC) No 2792/1999 of 17 December 1999 laying () OJ L 358, 31.12.2002, p. 59. () OJ L 204, 13.8.2003, p. 21. (>) See Annex IV. ) ) O] O] down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (4. This Regulation should take account of the Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia on 1 May 2004 and of Bulgaria and Romania on 1 January 2007. Reference levels for fishing capacity should be fixed at 1 January 2003 for the fleet of each Member State listed in Annex I, Part A, with the exception of their fleets registered in the outermost regions. Article 11 of Regulation (EC) No 2371/2002 allows Member States to rebuild 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. Article 13 of Regulation (EC) No 2371/2002 takes account of the requirement, as currently laid down in Article 25(3)(b) and (c) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on a European Fisheries Fund (), 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. It is necessary to establish rules for the adjustment of the reference levels to take account of Article 11(4), (5) and (6), and, for reasons of transparency, Article 13(1)(b)(ii) of Regulation (EC) No 2371/2002 and of the remeasurement of the Union fishing fleet. After completion of the measurement of all fishing vessels, the adjustment rule should be maintained for a strict application of the entry-exit regime in terms of tonnage. L 337, 30.12.1999, p. 10. L 223, 15.8.20006, p. 1.