Council Regulation (EU) 2016/458

of 30 March 2016

amending Regulation (EU) 2016/72 as regards certain fishing opportunities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)
Council Regulation (EU) 2016/721 fixes for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non-Union waters.
(2)

Regulation (EU) 2016/72 fixes the total allowable catch (TAC) for sandeel at zero. Sandeel is a short-lived species and scientific advice only became available on 22 February, while the fishery starts in April. The catch limits for this species should now be amended in line with the scientific advice from the International Council for the Exploration of the Sea (ICES). According to ICES, real-time monitoring is scientifically suitable for establishing the abundance of sandeel in management area 1, and results could be used to re-evaluate that scientific advice and to set an in-year TAC. However, that requires sufficient data (catches and biological sampling). The catch limit for sandeel in management area 1 should thus be set at a level allowing the collection of sufficient data on stock abundance.

(3)

According to the scientific advice from ICES, catches of small-eyed ray within ICES divisions VIId and VIIe-k and of blonde ray within ICES subarea IV should be reduced. As a consequence, local management measures limiting catches and providing better scientific information should be developed. ICES advised that in divisions VIIf and VIIg catches of small-eyed ray should be limited to no more than 188 tonnes. Therefore, it is appropriate to modify the corresponding fishing opportunities tables to allow for such catches and landings and to adapt the reporting provisions accordingly.

(4)

According to the scientific advice from ICES, the total catches for horse mackerel and associated by-catches in Union waters of ICES divisions IIa and IVa, subarea VI, divisions VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe, Union and international waters of Vb and international waters of subareas XII and XIV should be fixed at 108 868 tonnes. Therefore, it is appropriate to correct the initial TAC in the fishing opportunities table in order to allow for an increased level of catches corresponding to the scientific advice from ICES.

(5)

Annex IB to Regulation (EU) 2016/72 provides that the fishing opportunities table for by-catches in Greenland waters should be corrected to allow for proper reporting of those by-catches.

(6)

In the light of consultations with Norway, it is appropriate to allocate 25 000 tonnes of blue whiting to Norway in exchange for Arctic cod and haddock, ling and some other species.

(7)
The quota allocations for cod in ICES subarea I and division IIb established in Annex IB to Regulation (EU) 2016/72 should be corrected to respect the quota distribution set out in Council Decision 87/277/EEC2.
(8)

A reporting code needs to be included in Annex IF to Regulation (EU) 2016/72 for by-catches of orange roughy in SEAFO Sub-Division B1.

(9)

At its fourth annual meeting in 2016, the South Pacific Regional Fisheries Management Organisation (SPRFMO) fixed a TAC for jack mackerel. That measure should be implemented in the Union law.

(10)

An error should be corrected in Appendix I to Annex IIa to Regulation (EU) 2016/72 regarding the maximum allowable fishing effort in kilowatt days for the Netherlands in the North Sea for the regulated gear BT1.

(11)

The number of fishing authorisations to be granted to Venezuela for vessels fishing for snappers in French Guiana waters and the maximum number of vessels that may be present at any time need to be established in Annex VIII to Regulation (EU) 2016/72.

(12)

The catch limits provided for in Regulation (EU) 2016/72 apply from 1 January 2016. The provisions of this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted.

(13)

Regulation (EU) 2016/72 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Regulation (EU) 2016/72, the Annexes IA, IB, IF, IJ and VIII are amended in accordance with 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.

It applies from 1 January 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 March 2016.

For the Council

The President

A.G. Koenders

ANNEX

1.Annex IA to Regulation (EU) 2016/72 is amended as follows:

  1. (a)

    the fishing opportunities table for sandeel in Union waters of IIa, IIIa and IV is replaced by the following table:

    ‘Species:

    SandeelAmmodytes spp.

    Zone:

    Union waters of IIa, IIIa and IV3

    Denmark

    82 2734

    United Kingdom

    1 7994

    Germany

    1264

    Sweden

    3 0214

    Union

    87 219

    TAC

    87 219

    Analytical TAC

    Article 3 of Regulation (EC) No 847/96 shall not apply

    Article 4 of Regulation (EC) No 847/96 shall not apply

    Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IID:

    Zone: Union waters of sandeel management areas

    1

    2

    3

    4

    5

    6

    7

    (SAN/234_1)

    (SAN/234_2)

    (SAN/234_3)

    (SAN/234_4)

    (SAN/234_5)

    (SAN/234_6)

    (SAN/234_7)

    Denmark

    12 263

    4 717

    59 428

    5 659

    0

    206

    0

    United Kingdom

    268

    103

    1 299

    124

    0

    5

    0

    Germany

    19

    7

    91

    9

    0

    0

    0

    Sweden

    450

    173

    2 182

    208

    0

    8

    0

    Union

    13 000

    5 000

    63 000

    6 000

    0

    219

    0

    Total

    13 000

    5 000

    63 000

    6 000

    0

    219

    0’;

    3

    Excluding waters within 6 nautical miles of the UK baselines at Shetland, Fair Isle and Foula.

    4

    Without prejudice to the landing obligation catches of dab, whiting and mackerel may be counted against up to 2 % of the quota (OT1/*2A3A4), provided that not more than 9 % in total of this quota for sandeel is accounted for by these catches and by-catches of those species that are accounted for under Article 15(8) of Regulation (EU) No 1380/2013.

  2. (b)

    the fishing opportunities table for blue whiting in Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV is replaced by the following table:

    ‘Species:

    Blue whitingMicromesistius poutassou

    Zone:

    Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV(WHB/1X14)

    Denmark

    31 7048

    Germany

    12 3278

    Spain

    26 87878

    France

    22 0638

    Ireland

    24 5508

    Netherlands

    38 6598

    Portugal

    2 49778

    Sweden

    7 8428

    United Kingdom

    41 1378

    Union

    207 65768

    Norway

    75 000

    Faroe Islands

    9 000

    TAC

    Not relevant

    Analytical TAC

    8

    Special condition: within a total access quantity of 21 500 tonnes for the Union, Member States may fish up to the following percentage of their quotas in Faroese waters (WHB/*05-F.): 9,2 %’;

    7

    Transfers of this quota may be effected to VIIIc, IX and X; Union waters of CECAF 34.1.1. However, such transfers shall be notified in advance to the Commission.

    6

    Special condition: from the Union quotas in Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV (WHB/*NZJM1) and in VIIIc, IX and X; Union waters of CECAF 34.1.1 (WHB/*NZJM2), the following quantity may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen: 149 506

  3. (c)

    the fishing opportunities table for ling in Norwegian waters of IV is replaced by the following table:

    ‘Species:

    LingMolva molva

    Zone:

    Norwegian waters of IV(LIN/04-N.)

    Belgium

    9

    Denmark

    1 164

    Germany

    33

    France

    13

    Netherlands

    2

    United Kingdom

    104

    Union

    1 325

    TAC

    Not relevant

    Analytical TAC

    Article 3 of Regulation (EC) No 847/96 shall not apply

    Article 4 of Regulation (EC) No 847/96 shall not apply’;

  4. (d)

    the fishing opportunities table for ‘other species’ in Norwegian waters of IV is replaced by the following table:

    ‘Species:

    Other species

    Zone:

    Norwegian waters of IV(OTH/04-N.)

    Belgium

    46

    Denmark

    4 250

    Germany

    479

    France

    197

    Netherlands

    340

    Sweden

    Not relevant9

    United Kingdom

    3 188

    Union

    8 50010

    TAC

    Not relevant

    Precautionary TAC

    9

    Quota allocated by Norway to Sweden of “other species” at a traditional level.

    10

    Including fisheries not specifically mentioned. Exceptions may be introduced after consultations, as appropriate.’;

  5. (e)

    the fishing opportunities table for skates and rays in Union waters of IIa and IV is replaced by the following table:

    ‘Species:

    Skates and raysRajiformes

    Zone:

    Union waters of IIa and IV(SRX/2AC4-C)

    Belgium

    221111213

    Denmark

    9111213

    Germany

    11111213

    France

    35111213

    Netherlands

    188111213

    United Kingdom

    849111213

    Union

    1 3131113

    TAC

    1 31313

    Precautionary TAC

    11

    Catches of blonde ray (Raja brachyura) in Union waters of IV (RJH/04-C.), cuckoo ray (Leucoraja naevus) (RJN/2AC4-C), thornback ray (Raja clavata) (RJC/2AC4-C) and spotted ray (Raja montagui) (RJM/2AC4-C) shall be reported separately.

    12

    By-catch quota. These species shall not comprise more than 25 % by live weight of the catch retained on board per fishing trip. This condition applies only to vessels over 15 metres' length overall. This provision shall not apply for catches subject to the landing obligation as set out in Article 15(1) of Regulation (EU) No 1380/2013.

    13

    Shall not apply to blonde ray (Raja brachyura) in Union waters of IIa and small-eyed ray (Raja microocellata) in Union waters of IIa and IV. When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.’;

  6. (f)

    the fishing opportunities table for skates and rays in Union waters of VIa, VIb, VIIa-c and VIIe-k is replaced by the following table:

    ‘Species:

    Skates and raysRajiformes

    Zone:

    Union waters of VIa, VIb, VIIa-c and VIIe-k(SRX/67AKXD)

    Belgium

    72514151618

    Estonia

    414151618

    France

    3 25514151618

    Germany

    1014151618

    Ireland

    1 04814151618

    Lithuania

    1714151618

    Netherlands

    314151618

    Portugal

    1814151618

    Spain

    87614151618

    United Kingdom

    2 07614151618

    Union

    8 03214151618

    TAC

    8 0321618

    Precautionary TAC

    Article 12(1) of this Regulation applies

    14

    Catches of cuckoo ray (Leucoraja naevus) (RJN/67AKXD), thornback ray (Raja clavata) (RJC/67AKXD), blonde ray (Raja brachyura) (RJH/67AKXD), spotted ray (Raja montagui) (RJM/67AKXD), sandy ray (Raja circularis) (RJI/67AKXD) and shagreen ray (Raja fullonica) (RJF/67AKXD) shall be reported separately.

    15

    Special condition: of which up to 5 % may be fished in Union waters of VIId (SRX/*07D.), without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein. Catches of cuckoo ray (Leucoraja naevus) (RJN/*07D.), thornback ray (Raja clavata) (RJC/*07D.), blonde ray (Raja brachyura) (RJH/*07D.), spotted ray (Raja montagui) (RJM/*07D.), sandy ray (Raja circularis) (RJI/*07D.) and shagreen ray (Raja fullonica) (RJF/*07D.) shall be reported separately. This special condition shall not apply to small-eyed ray (Raja microocellata) and undulate ray (Raja undulata).

    16

    Shall not apply to small-eyed ray (Raja microocellata), except in Union waters of VIIf and VIIg. When accidentally caught, this species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species. Within the limits of the abovementioned quotas, no more than the quantities of small-eyed ray in Union waters of VIIf and VIIg (RJE/7FG.) provided below may be taken:

    Species:

    Small-eyed rayRaja microocellata

    Zone:

    Union waters of VIIf and VIIg(RJE/7FG.)

    Belgium

    17

    Estonia

    0

    France

    76

    Germany

    0

    Ireland

    25

    Lithuania

    0

    Netherlands

    0

    Portugal

    0

    Spain

    21

    United Kingdom

    49

    Union

    188

    TAC

    188

    Precautionary TAC

    Special condition: of which up to 5 % may be fished in Union waters of VIId and reported under the following code: (RJE/*07D.). This special condition is without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein.

    18

    Shall not apply to undulate ray (Raja undulata). This species shall not be targeted in the areas covered by this TAC. In cases where it is not subject to the landing obligation, by-catch of undulate ray in area VIIe may only be landed whole or gutted, and provided that it does not comprise more than 40 kilograms live weight per fishing trip. The catches shall remain under the quotas shown in the table below. The former provisions are without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein. By-catches of undulate ray shall be reported separately under the following code: (RJU/67AKXD). Within the limits of the abovementioned quotas, no more than the quantities of undulate ray given below may be taken:

    Species:

    Undulate rayRaja undulata

    Zone:

    Union waters of VIIe(RJU/67AKXD)

    Belgium

    9

    Estonia

    0

    France

    41

    Germany

    0

    Ireland

    13

    Lithuania

    0

    Netherlands

    0

    Portugal

    0

    Spain

    11

    United Kingdom

    26

    Union

    100

    TAC

    100

    Precautionary TAC

    Special condition: of which up to 5 % may be fished in Union waters of VIId and reported under the following code: (RJU/*07D.). This special condition is without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein.’;

  7. (g)

    the fishing opportunities table for skates and rays in Union waters of VIId is replaced by the following table:

    ‘Species:

    Skates and raysRajiformes

    Zone:

    Union waters of VIId(SRX/07D.)

    Belgium

    87202122

    France

    729202122

    Netherlands

    5202122

    United Kingdom

    145202122

    Union

    966202122

    TAC

    96622

    Precautionary TAC

    20

    Catches of cuckoo ray (Leucoraja naevus) (RJN/07D.), thornback ray (Raja clavata) (RJC/07D.), blonde ray (Raja brachyura) (RJH/07D.), spotted ray (Raja montagui) (RJM/07D.) and small-eyed ray (Raja microocellata) (RJE/07D.) shall be reported separately.

    21

    Special condition: of which up to 5 % may be fished in Union waters of VIa, VIb, VIIa-c and VIIe-k (SRX/*67AKD). Catches of cuckoo ray (Leucoraja naevus) (RJN/*67AKD), thornback ray (Raja clavata) (RJC/*67AKD), blonde ray (Raja brachyura) (RJH/*67AKD) and spotted ray (Raja montagui) (RJM/*67AKD) shall be reported separately. This special condition shall not apply to small-eyed ray (Raja microocellata) and to undulate ray (Raja undulata).

    22

    Shall not apply to undulate ray (Raja undulata). This species shall not be targeted in the areas covered by this TAC. In cases where it is not subject to the landing obligation, by-catch of undulate ray in the area covered by this TAC may only be landed whole or gutted, and provided that it does not comprise more than 40 kilograms live weight per fishing trip. The catches shall remain under the quotas shown in the table below. The former provisions are without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein. By-catches of undulate ray shall be reported separately under the following code: (RJU/07D.). Within the limits of the abovementioned quotas, no more than the quantities of undulate ray given below may be taken:

    Species:

    Undulate rayRaja undulata

    Zone:

    Union waters of VIId(RJU/07D.)

    Belgium

    1

    France

    9

    Netherlands

    0

    United Kingdom

    2

    Union

    12

    TAC

    12

    Precautionary TAC

    Special condition: of which up to 5 % may be fished in Union waters of VIIe and reported under the following code: (RJU/*67AKD). This special condition is without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein.’;

  8. (h)

    the fishing opportunities table for horse mackerel and associated by-catches in Union waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV is replaced by the following table:

    ‘Species:

    Horse mackerel and associated by-catchesTrachurus spp.

    Zone:

    Union waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV(JAX/2A-14)

    Denmark

    10 6292426

    Germany

    8 294242526

    Spain

    11 3122628

    France

    4 26924252628

    Ireland

    27 6212426

    Netherlands

    33 276242526

    Portugal

    1 0902628

    Sweden

    6752426

    United Kingdom

    10 002242526

    Union

    107 168

    Faroe Islands

    1 70027

    TAC

    108 868

    Analytical TAC

    24

    Special condition: up to 5 % of this quota fished in Union waters of IIa or IVa before 30 June 2016 may be accounted for as fished under the quota concerning the zone of Union waters of IVb, IVc and VIId (JAX/*4BC7D).

    26

    Without prejudice to the landing obligation, catches of boarfish, whiting and mackerel may be counted against up to 5 % of the quota (OTH/*2A-14), provided that not more than 9 % in total of this quota for horse mackerel is accounted for by these catches and by-catches of those species that are accounted for under Article 15(8) of Regulation (EU) No 1380/2013.

    25

    Special condition: up to 5 % of this quota may be fished in VIId (JAX/*07D.). Under this special condition, and in accordance with footnote (3), by-catches of boarfish and whiting shall be reported separately under the following code: (OTH/*07D.).

    28

    Special condition: up to 50 % of this quota may be fished in VIIIc (JAX/*08C2). Under this special condition, and in accordance with footnote (3), by-catches of boarfish and whiting shall be reported separately under the following code: (OTH/*08C2).’.

    27

    Limited to IVa, VIa (north of 56° 30′ N only), VIIe, f, h.

2.Annex IB to Regulation (EU) 2016/72 is amended as follows:

  1. (a)

    the fishing opportunities table for cod in Norwegian waters of I and II is replaced by the following table:

    ‘Species:

    CodGadus morhua

    Zone:

    Norwegian waters of I and II(COD/1N2AB.)

    Germany

    2 405

    Greece

    298

    Spain

    2 682

    Ireland

    298

    France

    2 207

    Portugal

    2 682

    United Kingdom

    9 328

    Union

    19 900

    TAC

    Not relevant

    Analytical TAC

    Article 3 of Regulation (EC) No 847/96 shall not apply

    Article 4 of Regulation (EC) No 847/96 shall not apply’;

  2. (b)

    the fishing opportunities table for cod in I and IIb is replaced by the following table:

    ‘Species:

    CodGadus morhua

    Zone:

    I and IIb(COD/1/2B.)

    Germany

    6 59331

    Spain

    13 19231

    France

    3 12231

    Poland

    2 72831

    Portugal

    2 64331

    United Kingdom

    4 40331

    Other Member States

    4952931

    Union

    33 17630

    TAC

    Not relevant

    Analytical TAC

    Article 3 of Regulation (EC) No 847/96 shall not apply

    Article 4 of Regulation (EC) No 847/96 shall not apply

    31

    By-catches of haddock may represent up to 14 % per haul. The by-catch quantities of haddock are in addition to the quota for cod.’;

    29

    Except Germany, Spain, France, Poland, Portugal and the United Kingdom.

    30

    The allocation of the share of the cod stock available to the Union in the zone Spitzbergen and Bear Island and the associated by-catches of haddock are entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris.

  3. (c)

    the fishing opportunities table for haddock in Norwegian waters of I and II is replaced by the following table:

    ‘Species:

    HaddockMelanogrammus aeglefinus

    Zone:

    Norwegian waters of I and II(HAD/1N2AB.)

    Germany

    267

    France

    160

    United Kingdom

    820

    Union

    1 247

    TAC

    Not relevant

    Analytical TAC

    Article 3 of Regulation (EC) No 847/96 shall not apply

    Article 4 of Regulation (EC) No 847/96 shall not apply’;

  4. (d)

    the fishing opportunities table for other species (by-catch) in Greenland waters is replaced by the following table:

    ‘Species:

    By-catches32

    Zone:

    Greenland waters(B-C/GRL)

    Union

    1 126

    TAC

    Not relevant

    Precautionary TAC

    Article 3 of Regulation (EC) No 847/96 shall not apply

    Article 4 of Regulation (EC) No 847/96 shall not apply

    32

    By-catches of grenadiers (Macrourus spp.) shall be reported in line with the following fishing opportunities tables: grenadiers in Greenland waters of V and XIV (GRV/514GRN) and grenadiers in Greenland waters of NAFO 1 (GRV/N1GRN.)’.

3.In Annex IF to Regulation (EU) 2016/72, the fishing opportunities table for orange roughy in SEAFO Sub-Division B1 is replaced by the following table:

‘Species:

Orange roughyHoplostethus atlanticus

Zone:

SEAFO Sub-Division B133(ORY/F47NAM)

TAC

034

Precautionary TAC

33

For the purpose of this Annex, the area open to the fishery is defined as having:

  • its western boundary on the longitude 0° E,

  • its northern boundary on the latitude 20° S,

  • its southern boundary on the latitude 28° S, and

  • the eastern boundary outer limits of the Namibian EEZ.

34

Except for a by-catch allowance of 4 tonnes (ORY/*F47NA).’.

4.In Annex IJ to Regulation (EU) 2016/72, the fishing opportunities table for jack mackerel in the SPRFMO Convention Area is replaced by the following table:

‘Species:

Jack mackerelTrachurus murphyi

Zone:

SPRFMO Convention Area(CJM/SPRFMO)

Germany

7 067,15

Netherlands

7 660,06

Lithuania

4 917,5

Poland

8 455,29

Union

28 100

TAC

Not relevant

Analytical TAC

Article 3 of Regulation (EC) No 847/96 shall not apply

Article 4 of Regulation (EC) No 847/96 shall not apply’.

5.

In point (b) of Appendix 1 to Annex IIA to Regulation (EU) 2016/72, the maximum allowable fishing effort in kilowatt days for the Netherlands for regulated gear BT1 is replaced by ‘999 808’.

6.Annex VIII to Regulation (EU) 2016/72 is replaced by the following:

‘ANNEX VIIIQUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS FOR THIRD-COUNTRY VESSELS FISHING IN UNION WATERS

Flag State

Fishery

Number of fishing authorisations

Maximum number of vessels present at any time

Norway

Herring, north of 62° 00′ N

To be established

To be established

Faroe Islands

Mackerel, VIa (north of 56° 30′ N), IIa, IVa (north of 59° N)

Horse mackerel, IV, VIa (north of 56° 30′ N), VIIe, VIIf, VIIh

14

14

Herring, north of 62° 00′ N

20

To be established

Herring, IIIa

4

4

Industrial fishing for Norway pout, IV, VIa (north of 56° 30′ N) (including unavoidable by-catches of blue whiting)

14

14

Ling and tusk

20

10

Blue whiting, II, IVa, V, VIa (north of 56° 30′ N), VIb, VII (west of 12° 00′ W)

20

20

Blue ling

16

16

Venezuela35

Snappers (French Guiana waters)

45

45

35

To issue those fishing authorisations, proof must be produced that a valid contract exists between the ship owner applying for the fishing authorisation and a processing undertaking situated in the Department of French Guiana, and that it includes an obligation to land at least 75 % of all snapper catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. Such a contract must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guianese economy. A copy of the duly endorsed contract shall be appended to the fishing authorisation application. Where such an endorsement is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.’.