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Commission Implementing Regulation (EU) 2020/1247 of 2 September 2020 operating deductions from fishing quotas available for certain stocks in 2020 on account of overfishing in the previous years

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Commission Implementing Regulation (EU) 2020/1247

of 2 September 2020

operating deductions from fishing quotas available for certain stocks in 2020 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 2019 have been established by:

  • Council Regulation (EU) 2018/1628(2),

  • Council Regulation (EU) 2018/2025(3),

  • Council Regulation (EU) 2018/2058(4), and

  • Council Regulation(EU) 2019/124(5).

(2) Fishing quotas for the year 2020 have been established by:

  • Council Regulation (EU) 2018/2025,

  • Council Regulation (EU) 2019/1838(6),

  • Council Regulation (EU) 2019/2236(7), and

  • Council Regulation (EU) 2020/123(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 2019. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2020 and, where relevant, in subsequent years, for the overfished stocks.

(6) Commission Implementing Regulation (EU) 2019/1726(9) and Commission Implementing Regulation (EU) 2020/112(10) have set out deductions from fishing quotas for certain Member States and species for 2019. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2019 and could therefore not be operated entirely in that year. To ensure that in such cases the full amount for the respective stocks be deducted, the remaining quantities should be taken into account when establishing deductions for 2020 and, where appropriate, from subsequent quotas.

(7) Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2020 quotas pursuant to Commission Implementing Regulation (EU) No 185/2013(11).

(8) Since quotas are expressed in tonnes, overfishing involving quantities of less than one tonne should not be considered,

HAS ADOPTED THIS REGULATION:

Article 1U.K.

1.The fishing quotas fixed in Regulations (EU) 2018/2025, (EU) 2019/1838, (EU) 2019/2236 and (EU) 2020/123 for the year 2020 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 FISHING QUOTAS FOR THE YEAR 2020 FOR STOCKS WHICH HAVE BEEN OVERFISHED

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 2018 to 2019 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 2017, 2018 and 2019. 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 2020.

g

Deductions to operate in 2020 that could be actually applied considering the available quota on 10 September 2020 .

h

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

i

Quantities below 1 tonne are not considered.

j

At Portugal’s request, the deduction of 1 271 026 kilos due in 2020 is equally spread over two years (2020 and 2021).]

Mem-ber State Spe-cies code Area code Species name Area name Initial quota 2019 (in kilograms) Permitted landings 2019 (Total adapted quantity in kilograms) a Total catches 2019 (quantity in kilograms) Quota con-sumption related to permitted landings Overfishing related to permitted landing (quantity in kilograms) Multi-plying factor b Addi-tional Multi-plying factor c , d Out-standing deductions from previous year(s) e (quantity in kilograms) Deductions from fishing quotas for 2020 f and subsequent years (quantity in kilograms) Deductions from 2020 fishing quotas for the overfished stocks g (quantity in kilograms) Deductions from 2020 fishing quotas for alternative stocks (quantity in kilograms) To be deducted from fishing quotas for 2021 and subsequent year(s) (quantity in kilograms)
DE HER 4AB. Herring Union and Norwegian waters of 4 north of 53° 30′ N 39 404 000 25 460 900 27 182 070 106,76 % 1 721 170 / / / 1 721 170 1 721 170 / /
DE MAC 2CX14- Mackerel 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 441 000 14 859 024 15 542 581 104,60 % 683 557 / / / 683 557 683 557 / /
DK MAC 2CX14- Mackerel 6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 / 2 688 463 2 693 920 100,20 % 5 457 / / / 5 457 5 457 / /
DK MAC 2A34. Mackerel 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 14 480 000 13 330 744 14 022 305 105,19 % 691 561 / / / 691 561 691 561 / /
DK MAC 2A4A-N Mackerel Norwegian waters of 2a and 4a 10 242 000 10 252 106 11 197 228 109,22 % 945 122 / / / 945 122 945 122 / /
DK POK 1N2AB. Saithe Norwegian waters of 1 and 2 / 17 000 50 968 299,81 % 33 968 1,00 / / 33 968 / 33 968 /
ES BET ATLANT Bigeye tuna Atlantic Ocean 9 415 300 8 941 151 9 090 055 101,67 % 148 904 / C h / 148 904 148 904 / /
ES COD 1/2B. Cod 1 and 2b 11 562 000 8 455 844 8 463 118 100,09 % 7 274 / / / 7 274 7 274 / /
ES GHL 1N2AB. Greenland halibut Norwegian waters of 1 and 2 / 2 000 14 225 711,25 % 12 225 1,00 A / 18 338 / 18 338 /
ES OTH 1N2AB. Other species Norwegian waters of 1 and 2 / 31 800 35 695 112,25 % 3 895 1,00 / / 3 895 / 3 895 /
ES POK 1N2AB. Saithe Norwegian waters of 1 and 2 / 196 000 198 607 101,33 % 2 607 / / / 2 607 / 2 607 /
ES RED N3LN. Redfish NAFO 3LN / 515 100 517 806 100,53 % 2 706 / / / 2 706 2 706 / /
ES RJU 9-C. Undulate ray Union waters of 9 15 000 15 000 15 511 103,41 % 511 i N/A N/A 2 067 2 067 0 / 2 067
FR BET ATLANT Bigeye tuna Atlantic Ocean 4 167 700 4 167 700 4 687 551 112,47 % 519 851 1,20 C / 883 747 883 747 / /
FR RJE 7FG. Small-eyed ray Union waters of 7f and 7g 79 000 90 399 91 485 101,20 % 1 086 / / / 1 086 1 086 / /
FR RJU 7DE. Undulate ray Union waters of 7d and 7e 103 000 168 000 177 718 105,78 % 9 718 / / / 9 718 9 718 / /
FR SWO AS05N Swordfish Atlantic Ocean, South of 5° N / / 3 500 N/A 3 500 / / / 3 500 / 3 500 /
GB COD N1GL14 Cod Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14 364 000 353 500 353 500 100 % 0 / / 4 167 4 167 4 167 / /
GB HER 4AB. Herring Union and Norwegian waters of 4 north of 53° 30′ N 55 583 000 62 320 196 62 607 628 100,46 % 287 432 / / / 287 432 287 432 / /
GB MAC 2CX14- Mackerel 6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 152 115 000 145 768 635 154 072 694 105,70 % 8 304 059 / A h / 8 304 059 8 304 059 / /
GB RJU 7DE. Undulate ray Union waters of 7d and 7e 58 000 61 200 63 133 103,16 % 1 933 / / / 1 933 1 933 / /
EL BFT AE45WM Bluefin tuna Atlantic Ocean, east of 45° W, and Mediterranean 285 110 304 110 312 690 102,82 % 8 580 / C h / 8 580 8 580 / /
IE ALB AN05N Northern albacore Atlantic Ocean, north of 5° N 2 854 300 3 115 420 3 213 170 103,14 % 97 750 / C h / 97 750 97 750 / /
NL HER 4CXB7D Herring 4c, 7d except Blackwater stock 18 162 000 19 497 305 19 512 481 100,08 % 15 176 / / / 15 176 15 176 / /
NL MAC 2A34. Mackerel 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 1 342 000 1 494 000 2 012 324 134,69 % 518 324 1,40 / / 725 654 725 654 / /
PT ALB AN05N Northern albacore Atlantic Ocean, north of 5° N 1 994 200 1 794 200 2 463 161 137,28 % 668 961 1,40 C / 1 271 026 635 513 j / 635 513 j
PT ALF 3X14- Alfonsinos Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 164 000 149 034 156 756 105,18 % 7 722 / A h / 7 722 7 722 / /
PT BUM ATLANT Blue marlin Atlantic Ocean 50 440 7 076 18 016 254,61 % 10 940 1,00 A / 16 410 16 410 / /
PT RJU 9-C. Undulate ray Union waters of 9 15 000 21 705 24 589 113,29 % 2 884 1,00 / / 2 884 2 884 / /
PT SWO AN05N Swordfish Atlantic Ocean, North of 5° N 1 010 390 2 410 390 2 414 333 100,16 % 3 943 / / / 3 943 3 943 / /
SE MAC 2A34. Mackerel 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 4 034 000 2 945 203 3 075 839 104,44 % 130 636 / / / 130 636 130 636 / /
(2)

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).

(3)

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).

(4)

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).

(5)

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).

(6)

Council Regulation (EU) 2019/1838 of 30 October 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2019/124 as regards certain fishing opportunities in other waters (OJ L 281, 31.10.2019, p. 1).

(7)

Council Regulation (EU) 2019/2236 of 16 December 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 336, 30.12.2019, p. 14).

(8)

Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 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 25, 30.1.2020, p. 1).

(9)

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).

(10)

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 (OJ L 21, 27.1.2020, p. 6).

(11)

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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