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Commission Implementing Regulation (EU) 2018/1969Show full title
Commission Implementing Regulation (EU) 2018/1969 of 12 December 2018 operating deductions from fishing quotas available for certain stocks in 2018 on account of overfishing in the previous years
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Commission Implementing Regulation (EU) 2018/1969
of 12 December 2018
operating deductions from fishing quotas available for certain stocks in 2018 on account of overfishing in the previous years
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006(1), and in particular Article 105(1), (2) and (3) thereof,
Whereas:
(1) Fishing quotas for the year 2017 have been established by:
Council Regulation (EU) 2016/1903(2),
Council Regulation (EU) 2016/2285(3),
Council Regulation (EU) 2016/2372(4), and
Council Regulation (EU) 2017/127(5).
(2) Fishing quotas for the year 2018 have been established by:
Council Regulation (EU) 2016/2285,
Council Regulation (EU) 2017/1970(6),
Council Regulation (EU) 2017/2360(7), and
Council Regulation (EU) 2018/120(8).
(3) Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.
(4) Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions have to be operated in the following year or years by applying the respective multiplying factors as set out therein.
(5) Certain Member States have exceeded their fishing quotas for the year 2017. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2018 and, where relevant, in subsequent years, for the overfished stocks.
(6) In 2016, Spain overfished its quota for albacore in the Atlantic Ocean, North of 5° N (ALB/AN05N). At the request of Spain, the corresponding deduction was equally spread over two years (2017 and 2018). By Commission Implementing Regulation (EU) 2017/2309(9), the first half of the deduction, namely 1 134,677 tonnes, was operated on the 2017 Spanish quota. For 2018, the Spanish initial quota for northern albacore in the Atlantic Ocean, North of 5° N (ALB/AN05N), as fixed by Regulation (EU) 2018/120, already reflected a deduction of 945,560 tonnes. Therefore, a remaining quantity of 189,117 tonnes should be deducted from the Spanish 2018 quota.
(7) Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2018 quotas pursuant to Commission Implementing Regulation (EU) No 185/2013(10).
(8) Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,
HAS ADOPTED THIS REGULATION:
Article 1U.K.
1.The fishing quotas fixed in Regulations (EU) 2016/2285, (EU) No 2017/1970, (EU) 2017/2360 and (EU) 2018/120 for the year 2018 shall be reduced as set out in the Annex to this Regulation.
2.Paragraph 1 shall apply without prejudice to deductions provided for in Implementing Regulation (EU) No 185/2013.
Article 2U.K.
This Regulation shall enter into force on the seventh day following that of 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.
[F1ANNEX U.K. DEDUCTIONS FROM 2018 FISHING QUOTAS
Textual Amendments
| a Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( OJ L 354, 28.12.2013, p. 22 ), quota transfers from 2016 to 2017 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 ( OJ L 115, 9.5.1996, p. 3 ) and with Article 15(9) of Regulation (EU) No 1380/2013 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009. | ||||||||||||||||
| b As set out in Article 105(2) of Regulation (EC) No 1224/2009. Deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing equal to, or less than, 100 tonnes. | ||||||||||||||||
| c As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %. | ||||||||||||||||
| d Letter ‘ A ’ indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2015, 2016 and 2017. Letter ‘ C ’ indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan. | ||||||||||||||||
| e Remaining quantities from previous year(s). | ||||||||||||||||
| f Deductions to operate in 2018. | ||||||||||||||||
| g Deductions to operate in 2018 that could be actually applied considering the available quota on 20 December 2018 . | ||||||||||||||||
| h Commission Implementing Regulation (EU) 2019/479 of 22 March 2019 operating deductions from fishing quotas available for certain stocks in 2018 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2018/1969 ( OJ L 82, 25.3.2019, p. 6 ). | ||||||||||||||||
| i Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings. | ||||||||||||||||
| j The deduction cannot be reduced by this unused quantity as article 4 of Regulation (EC) No 847/96 is not applicable to the ALB/AN05N stock. | ||||||||||||||||
| l At Spain's request, the deduction of 2 269 354 kilos due in 2017 was equally spread over two years (2017 and 2018) by Implementing Regulation (EU) 2017/2309. Since the 2018 initial quota for Spain as fixed by Regulation (EU) 2018/120 already reflects a deduction of 945 560 kilos, the remaining quantity to deduct amounts to 189 117 kilos. | ||||||||||||||||
| k Despite not having initial quota for this overfished stock, Denmark concluded exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 enabling deductions from the same stock.] | ||||||||||||||||
| Member State | Species code | Area code | Species name | Area name | Initial quota 2017 (in kilograms) | Permitted landings 2017 (Total adapted quantity in kilograms) a | Total catches 2017 (quantity in kilograms) | Quota consumption related to permitted landings | Overfishing related to permitted landing (quantity in kilograms) | Multiplying factor b | Additional Multiplying factor c d | Outstanding deductions from previous year(s) e (quantity in kilograms) | Deductions from fishing quotas for 2018 f and subsequent years (quantity in kilograms) | Deductions from 2018 fishing quotas for the overfished stocks g (quantity in kilograms) | Deductions from 2018 fishing quotas for alternative stocks in accordance with Annex I to Implementing Regulation (EU) 2019/479 h (quantity in kilograms) | To be deducted from fishing quotas for 2019 and subsequent year(s) (quantity in kilograms) |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| BE | RJU | 07D. | Undulate ray | Union waters of VIId | 2 000 | 2 000 | 5 648 | 282,40 % | 3 648 | 1,00 | / | / | 3 648 | 1 031 | / | 2 617 |
| BE | SRX | 07D. | Skates and rays | Union waters of VIId | 96 000 | 91 353 | 95 695 | 104,75 % | 4 342 | / | / | / | 4 342 | 4 342 | / | / |
| BE | SRX | 67AKXD | Skates and rays | Union waters of VIa, VIb, VIIa-c and VIIe-k | 762 000 | 907 100 | 919 333 | 101,35 % | 12 233 | / | / | / | 12 233 | 12 233 | / | / |
| DK | MAC | 2A34. | Mackerel | IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32 | 22 031 | 17 525 756 | 17 992 741 | 102,66 % | 466 985 | / | / | / | 466 985 | 466 985 | / | / |
| DK | MAC | 2A4A-N | Mackerel | Norwegian waters of IIa and IVa | 16 004 | 14 538 090 | 14 801 414 | 101,81 % | 263 324 | / | / | / | 263 324 | 263 324 | / | / |
| DK | MAC | 2CX14- | Mackerel | VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV | / | 5 341 916 | 5 342 930 | 100,02 % | 1 014 | / | / | / | 1 014 | 1 014 k | / | / |
| DK | NOP | 04-N. | Norway pout and associated by-catches | Norwegian waters of IV | 0 | 0 | 16 298 | N/A | 16 298 | 1,00 | A | / | 24 447 | / | 24 447 | / |
| DK | OTH | 1N2AB. | Other species | Norwegian waters of I and II | / | 0 | 9 979 | N/A | 9 979 | 1,00 | / | / | 9 979 | / | 9 979 | / |
| DK | POK | 1N2AB. | Saithe | Norwegian waters of I and II | / | 0 | 9 508 | N/A | 9 508 | 1,00 | / | / | 9 508 | / | 9 508 | / |
| ES | ALB | AN05N | Northern albacore | Atlantic Ocean, north of 5° N | 14 981 130 | 13 961 453 | 13 940 306 | 99,85 % | – 21 147 j | / | / | 189 117 l | 189 117 | 189 117 | / | / |
| ES | GHL | 1N2AB. | Greenland halibut | Norwegian waters of I and II | / | 19 200 | 36 090 | 187,97 % | 16 890 | 1,00 | A | / | 25 335 | / | 25 335 | / |
| ES | GHL | N3LMNO | Greenland halibut | NAFO 3LMNO | 4 067 000 | 4 061 001 | 4 072 229 | 100,28 % | 11 228 | / | C i | / | 11 228 | 11 228 | / | / |
| ES | POK | 1N2AB. | Saithe | Norwegian waters of I and II | / | 86 500 | 88 150 | 101,91 % | 1 650 | / | / | / | 1 650 | / | 1 650 | / |
| ES | YFT | IOTC | Yellowfin tuna | IOTC Area of Competence | 45 682 000 | 45 682 000 | 48 147 520 | 105,40 % | 2 465 520 | / | / | / | 2 465 520 | 327 060 | / | 2 138 460 |
| FR | GHL | 1N2AB. | Greenland halibut | Norwegian waters of I and II | / | 0 | 6 868 | N/A | 6 868 | 1,00 | / | / | 6 868 | / | 6 868 | / |
| FR | YFT | IOTC | Yellowfin tuna | IOTC Area of Competence | 29 501 000 | 29 651 000 | 29 960 730 | 101,04 % | 309 730 | / | / | / | 309 730 | 309 730 | / | / |
| IE | HKE | 8ABDE. | Hake | VIIIa, VIIIb, VIIId and VIIIe | / | 0 | 1 300 | N/A | 1 300 | 1,00 | C i | / | 1 300 | / | 1 300 | / |
| IE | MAC | 2CX14- | Mackerel | VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV | 86 426 000 | 86 319 537 | 86 520 982 | 100,23 % | 201 445 | / | / | / | 201 445 | 201 445 | / | / |
| NL | WHG | 56-14 | Whiting | VI; Union and international waters of Vb; international waters of XII and XIV | / | 0 | 18 648 | N/A | 18 648 | 1,00 | / | / | 18 648 | / | 18 648 | / |
| PL | COD | 3BC+24 | Cod | Subdivisions 22-24 | 654 000 | 915 170 | 947 501 | 103,53 % | 32 331 | / | C i | / | 32 331 | 0 | / | 32 331 |
| PT | ALB | AN05N | Northern albacore | Atlantic Ocean, north of 5° N | 2 413 800 | 2 332 800 | 2 564 017 | 109,91 % | 231 217 | / | / | / | 231 217 | 231 217 | / | / |
| PT | ALF | 3X14- | Alfonsinos | Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV | 182 000 | 182 626 | 185 582 | 101,62 % | 2 956 | / | / | / | 2 956 | 2 956 | / | / |
| PT | ANE | 9/3411 | Anchovy | IX and X; Union waters of CECAF 34.1.1 | 6 522 000 | 8 992 936 | 9 141 377 | 101,65 % | 148 441 | / | / | / | 148 441 | 148 441 | / | / |
| PT | BUM | ATLANT | Blue marlin | Atlantic ocean | 52 320 | 51 259 | 56 271 | 109,78 % | 5 012 | / | / | / | 5 012 | 5 012 | / | / |
| PT | LEZ | 8C3411 | Megrims | VIIIc, IX and X; Union waters of CECAF 34.1.1 | 36 000 | 139 400 | 142 316 | 102,09 % | 2 916 | / | / | / | 2 916 | 2 916 | / | / |
| PT | SBR | 09- | Red seabream | Union and international waters of IX | 37 000 | 72 027 | 75 905 | 105,38 % | 3 878 | / | / | / | 3 878 | 3 878 | / | / |
| PT | SRX | 89-C. | Skates and rays | Union waters of VIII and IX | 1 156 000 | 1 132 824 | 1 211 808 | 106,97 % | 78 984 | / | / | / | 78 984 | 78 984 | / | / |
| PT | SWO | AN05N | Swordfish | Atlantic Ocean, North of 5° N | 1 170 830 | 1 738 532 | 1 854 956 | 106,70 % | 116 424 | / | / | / | 116 424 | 116 424 | / | / |
| UK | MAC | 2CX14- | Mackerel | VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV | 237 677 000 | 222 116 471 | 224 288 943 | 100,98 % | 2 172 472 | / | A i | / | 2 172 472 | 2 172 472 | / | / |
(2)
Council Regulation (EU) 2016/1903 of 28 October 2016 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2016/72 (OJ L 295, 29.10.2016, p. 1).
(3)
Council Regulation (EU) 2016/2285 of 12 December 2016 fixing for 2017 and 2018 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks and amending Council Regulation (EU) 2016/72 (OJ L 344, 17.12.2016, p. 32).
(4)
Council Regulation (EU) 2016/2372 of 19 December 2016 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 352, 23.12.2016, p. 26).
(5)
Council Regulation (EU) 2017/127 of 20 January 2017 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 24, 28.1.2017, p. 1).
(6)
Council Regulation (EU) 2017/1970 of 27 October 2017 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2017/127 (OJ L 281, 31.10.2017, p. 1).
(7)
Council Regulation (EU) 2017/2360 of 11 December 2017 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 337, 19.12.2017, p. 1).
(8)
Council Regulation (EU) 2018/120 of 23 January 2018 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2017/127 (OJ L 27, 31.1.2018, p. 1).
(9)
Commission Implementing Regulation (EU) 2017/2309 of 13 December 2017 operating deductions from fishing quotas available for certain stocks in 2017 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2017/1345 (OJ L 331, 14.12.2017, p. 23).
(10)
Commission Implementing Regulation (EU) No 185/2013 of 5 March 2013 providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009 (OJ L 62, 6.3.2013, p. 1).
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