Fleet Adaptation Schemes

1. Member States may adopt and implement Fleet Adaptation Schemes aimed at restructuring the fishing fleets or fleet segments affected by the economic crisis.

2. Fleet Adaptation Schemes may include the measures provided for in Chapter I of Title IV of Regulation (EC) No 1198/2006 and those provided for in this Regulation.

3. A Fleet Adaptation Scheme shall concern only fleets or fleet segments where the energy costs represent on average at least 30 % of the production costs, based on the trading account for the 12 months preceding 1 July 2008 for the fleet concerned by that scheme.

4. A Fleet Adaptation Scheme shall fulfil the following requirements:

it shall result, by 31 December 2012 at the latest, in a permanent reduction of at least 30 % of the fishing capacity of the fleet or fleet segment covered by the scheme; that threshold may be lowered to a minimum of 20 %, subject to the approval of the Commission, where the Fleet Adaptation Scheme concerns a Member State whose fleet is less than 100 active vessels, or less than 12 000 GT, or where a Fleet Adaptation Scheme covers only vessels of less than 12 metres, and a 30 % reduction would disproportionately affect the viability of the fisheries related activities depending on it, and

it shall include the list of the vessels covered by the scheme, identified by their names and Community Fishing Fleet Register numbers.

5. Each fishing vessel may be included only in one Fleet Adaptation Scheme. The conditions for including a fishing vessel in a Fleet Adaptation Scheme shall be as follows:

vessels must have carried out a fishing activity of at least 120 days at sea during the two years preceding the date of the adoption of the Fleet Adaptation Scheme; and

vessels must be operational on 31 July 2008.

6. By 30 June 2009 at the latest, Member States shall communicate to the Commission the Fleet Adaptation Schemes adopted.

7. When a Member State requests a revision of its operational programme for the purpose of incorporating the Fleet Adaptation Schemes, Article 18 of Regulation (EC) No 1198/2006 shall apply accordingly.

COUNCIL REGULATION (EC) No 744/2008 of 24 July 2008 instituting a temporary specific action aiming to promote the restructuring of the European Community fishing fleets affected by the economic crisis