
Article 1 
Articles 72 and 73 of Regulation (EC) No 40/2008 shall be replaced by the following:
'
Article 72 

1. The maximum number of Community vessels fishing for tropical tunas in the IOTC area, and the corresponding capacity in gross tonnage (GT), shall be as follows:
Member State Maximum number of vessels Capacity (GT)
Spain 22 61 400
France 21 31 467
Italy 1 2 137
2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are entered on the IOTC record of vessels or on the record of vessels of other Tuna Regional Fisheries Management Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred.
4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for swordfish and albacore in the IOTC area.
5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.
Article 73 

1. The maximum number of Community vessels fishing for swordfish and albacore in the IOTC area, and the corresponding capacity in GT, shall be as follows:
Member State Maximum number of vessels Capacity (GT)
Spain 27 11 600
France 25 1 940
Portugal 26 10 100
United Kingdom 4 1 400
2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC record of vessels or on the record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred.
4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for tropical tuna in the IOTC area.
5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.'.
Article 2 
This Regulation shall enter into force on the third day following 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, 1 December 2008.
For the Council
The President
H. NOVELLI