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Commission Implementing Regulation (EU) 2020/112 of 22 January 2020 operating deductions from fishing quotas available for certain stocks in 2019 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2019/1726

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Commission Implementing Regulation (EU) 2020/112

of 22 January 2020

operating deductions from fishing quotas available for certain stocks in 2019 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2019/1726

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), (3) and (5) thereof,

Whereas:

(1) Fishing quotas for the year 2018 have been established by:

  • Council Regulation (EU) 2016/2285(2),

  • Council Regulation (EU) 2017/1970(3),

  • Council Regulation (EU) 2017/2360(4), and

  • Council Regulation (EU) 2018/120(5).

(2) Fishing quotas for the year 2019 have been established by:

  • Council Regulations (EU) 2018/1628(6),

  • Council Regulation (EU) 2018/2025(7),

  • Council Regulation (EU) 2018/2058(8), and

  • Council Regulation (EU) 2019/124(9).

(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) Commission Implementing Regulation (EU) 2019/1726(10) has established deductions from fishing quotas for certain stocks in 2019 on account of overfishing in the previous years.

(5) However, for certain Member States, no deductions could be operated by Implementing Regulation (EU) 2019/1726 from quotas allocated for the overfished stocks because such quotas are not available for those Member States in the year 2019.

(6) Article 105(5) of Regulation (EC) No 1224/2009 provides that, if it is not possible to operate deductions on the overfished stock in the year following the overfishing because the Member State concerned has no available quota, deductions may be operated on other stocks in the same geographical area or with the same commercial value, following consultations with the Member States concerned. According to Commission Communication No 2012/C 72/07 containing Guidelines for deduction of quotas under article 105(1), (2) and (5) of Regulation (EC) No 1224/2009(11) such deductions should be preferably operated in the following year or years from quotas allocated for stocks fished by the same fleet as the fleet that overfished the quota.

(7) The Member States concerned have been consulted with regard to the proposed deductions from quotas allocated for stocks other than those which have been overfished.

(8) In certain cases, exchanges of fishing opportunities concluded in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(12) enable deductions from the same stocks in the framework of Implementing Regulation (EU) 2019/1726.

(9) Moreover, certain deductions required by Implementing Regulation (EU) 2019/1726 appear to be larger than the adapted quota available in the year 2019 and, as a consequence, cannot be entirely operated in that year. According to Communication No 2012/C 72/07, the remaining amounts should be deducted from the adapted quotas available in subsequent years until the full overfished amount is paid back.

(10) Further updates or corrections may still occur following the detection, for the current or previous exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009.

(11) Implementing Regulation (EU) 2019/1726 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1U.K.

The fishing quotas fixed in Regulations (EU) 2018/1628, (EU) 2018/2025, (EU) 2018/2058, and (EU) 2019/124 for the year 2019 referred to in Annex I to this Regulation shall be reduced by applying the deductions on the alternative stocks set out in that Annex.

Article 2U.K.

The Annex to Implementing Regulation (EU) 2019/1726 is replaced by the text in Annex II to this Regulation.

Article 3U.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.

Done at Brussels, 22 January 2020.

For the Commission

The President

Ursula von der Leyen

ANNEX IU.K. DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2019 FOR ALTERNATIVE STOCKS

OVERFISHED STOCKSALTERNATIVE STOCKS
Member StateSpecies codeArea codeSpecies nameArea nameQuantity that cannot be deducted from the 2019 fishing quota for the overfished stock (in kilograms)Member StateSpecies codeArea codeSpecies nameArea nameQuantity to be deducted from the 2019 fishing quota for the alternative stocks (in kilograms)
ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 241 604 ESHAD1N2AB.HaddockNorwegian waters of 1 and 226 783
COD1N2AB.CodNorwegian waters of 1 and 23 418
RED1N2AB.RedfishNorwegian waters of 1 and 26 786
RED51214DRedfishUnion and international waters of 5; international waters of 12 and 144 617
FRGHL1N2AB.Greenland halibutNorwegian waters of 1 and 215 380 FRRED1N2AB.RedfishNorwegian waters of 1 and 215 380
NLWHG56-14Whiting6; Union and international waters of 5b; international waters of 12 and 144 492 NLWHG2AC4.Whiting4; Union waters of 2a4 492
UKRHG5B67-Roughhead grenadierUnion and international waters of Vb, VI and VII5 016 UKRNG5B67-Roundnose grenadierUnion and international waters of 5b, 6 and 75 016

ANNEX IIU.K.

The Annex to Implementing Regulation (EU) 2019/1726 is replaced by the following:

ANNEX DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2019

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 2017 to 2018 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 2016, 2017 and 2018. 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 2019.

g

Deductions to operate in 2019 that could be actually applied considering the available quota on 22 October 2019.

i

To be deducted from RJU/7DE. (Union waters of 7d and 7e).

j

Quantities below 1 tonne are not considered.

l

Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.

k

The deduction cannot be reduced by this unused quantity as article 4 of Regulation (EC) No 847/96 is not applicable to the YFT/IOTC stock.

m

Despite not having initial quota for this overfished stock, France concluded exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 enabling partial deduction from the same stock.

n

To be deducted from RNG/5B67- (roundnose grenadier in Union and international waters of Vb, VI and VII).

Member StateSpecies codeArea codeSpecies nameArea nameInitial quota 2018 (in kilograms)Permitted landings 2018 (Total adapted quantity in kilograms)aTotal catches 2018 (quantity in kilograms)Quota consumption related to permitted landingsOverfishing related to permitted landing (quantity in kilograms)Multiplying factorbAdditional Multiplying factor c, dOutstanding deductions from previous year(s)e (quantity in kilograms)Deductions from fishing quotas for 2019f and subsequent years (quantity in kilograms)Deductions from 2019 fishing quotas for the overfished stocksg (quantity in kilograms)Deductions from 2019 fishing quotas for alternative stocks in accordance with Annex I to Regulation (EU) 2019/1726h (quantity in kilograms)To be deducted from fishing quotas for 2020 and subsequent year(s) (quantity in kilograms)
BERJE7FG.Small-eyed rayUnion waters of 7f and 7g14 00015 40019 888129,14 %4 4881,00//4 4884 488//
BERJU07D.iUndulate rayUnion waters of 7d2 0009691 394143,86 %425jN/AN/A2 6172 6172 617//
DECOD3BC+24CodSubdivisions 22-241 194 0001 349 4001 393 360103,26 %43 960/Cl/43 96043 960//
DKCOD3BC+24CodSubdivisions 22-242 444 0002 594 2702 617 780100,91 %23 510/Cl/23 51023 510//
ESBETATLANTBigeye tunaAtlantic Ocean9 791 9209 281 9209 756 069105,11 %474 149/Cl/474 149474 149//
ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2/027 736N/A27 7361,00A/41 604/41 604/
ESGHLN3LMNOGreenland halibutNAFO 3LMNO4 534 0004 496 7724 508 020100,25 %11 248/Al + Cl/11 24811 248//
ESNEP*07U16Norway lobsterFunctional Unit 16 of ICES Subarea 7825 000155 000158 375102,18 %3 375///3 3753 375//
ESRJU9-C.Undulate rayUnion waters of 915 00015 00017 067113,78 %2 0671,00//2 0670/2 067
ESYFTIOTCYellowfin tunaIOTC Area of Competence45 682 00045 354 94044 964 37399,14 %- 390 567kN/AN/A2 138 4602 138 4602 138 460//
EECODN3M.CodNAFO 3M124 000916 170953 232104,05 %37 062///37 06237 062//
FRGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2/018 084N/A18 0841,00//18 0842 704m15 380/
IEHER07A/MMHerring7a1 826 0001 850 3111 979 666106,99 %129 355///129 355129 355//
IEMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 1469 141 00066 541 05566 965 925100,64 %424 870///424 870424 870//
NLPOK2C3A4Saithe3a and 4; Union waters of 2a110 000210 994265 115125,65 %54 1211,00//54 12154 121//
NLWHG56-14Whiting6; Union and international waters of 5b; international waters of 12 and 14/04 492N/A4 4921,00//4 492/4 492/
PLCOD3BC+24CodSubdivisions 22-24654 000786 200858 164109,15 %71 964/Cl32 331104 295104 295//
PTALF3X14-AlfonsinosUnion and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV182 000179 044184 010102,77 %4 966///4 9664 966//
PTBETATLANTBigeye tunaAtlantic Ocean3 717 4704 152 4704 405 184106,09 %252 714/Cl/252 714252 714//
PTBFTAE45WMBluefin tunaAtlantic Ocean, east of 45° W, and Mediterranean470 190437 190450 343103,01 %13 153/Cl/13 15313 153//
PTBUMATLANTBlue marlinAtlantic Ocean50 44045 42874 337163,64 %28 9091,00A/43 36443 364//
PTRJU9-C.Undulate rayUnion waters of 915 00033 00036 295109,98 %3 295///3 2953 295//
UKCODN1GL14CodGreenland waters of NAFO 1F and Greenland waters of 5, 12 and 14382 000497 520512 187102,95 %14 667///14 66710 500/4 167
UKGHL1N2AB.Greenland halibutNorwegian waters of 1 and 225 00022 00024 434111,06 %2 4341,00//2 4342 434//
UKHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N79 381 00084 694 79584 739 599100,05 %44 804///44 80444 804//
UKMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14190 143 000186 253 028189 644 893101,82 %3 391 865/Al/3 391 8653 391 865//
UKPOK1N2AB.SaitheNorwegian waters of 1 and 2182 000459 700463 509100,83 %3 809///3 8093 809//
UKRHG5B67-Roughhead grenadierUnion and international waters of Vb, VI and VII1 5101 5107 588502,52 %6 0781,00//6 0781 0625 016n/
UKWHG56-14Whiting6; Union and international waters of 5b; international waters of 12 and 14122 000124 060139 470112,42 %15 4101,00//15 41015 410//
(2)

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).

(3)

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).

(4)

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).

(5)

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).

(6)

Council Regulation (EU) 2018/1628 of 30 October 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2018/120 as regards certain fishing opportunities in other waters (OJ L 272, 31.10.2018, p. 1).

(7)

Council Regulation (EU) 2018/2025 of 17 December 2018 fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 325, 20.12.2018, p. 7).

(8)

Council Regulation (EU) 2018/2058 of 17 December 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 329, 27.12.2018, p. 8).

(9)

Council Regulation (EU) 2019/124 of 30 January 2019 fixing for 2019 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 29, 31.1.2019, p. 1).

(10)

Commission Implementing Regulation (EU) 2019/1726 of 15 October 2019 operating deductions from fishing quotas available for certain stocks in 2019 on account of overfishing in the previous years (OJ L 263, 16.10.2019, p. 3).

(11)

Communication from the Commission – Guidelines for deduction of quotas under article 105(1), (2) and (5) of Regulation (EC) No 1224/2009 (2012/C 72/07) (OJ C 72, 10.3.2012, p. 27).

(12)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

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