The licensing and registration of the vessel referred to was facilitated by a decision of the European Commission in January 2002 to grant additional capacity of 14,055 gross tonnes and 14,400 kilowatts in respect of the Irish pelagic fleet segment to take account of fishing opportunities in Mauritanian and other west African waters. The European Commission's decision followed negotiations with the Commission on a legitimate application by the company which owns the vessel, under EU legislation in place at that time, which provided for the introduction of additional capacity into the fleet where additional fishing opportunities were identified. The capacity allocated by the European Commission was additional capacity over and above the existing EU capacity limits for the Irish fleet.
As part of the overall agreement, the company which owns the vessel has permanently withdrawn its other vessel from the Irish-EU fishing fleet. The package agreed allowed the company to retain the annual quota and fishing entitlements in EU waters of the withdrawn vessel. It should be noted that the vessel is only allowed to fish in EU waters to the same degree, in terms of catch limits and fishing effort, as the withdrawn vessel was allowed. The withdrawal of this vessel also enabled Ireland to resolve long-standing engine power over-capacity in the pelagic segment.