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

In forceVersion 2018-12-12from 2018-12-20

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Contents

Preamble
1. Article 1
2. Article 2
ANNEX
ANNEX DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2018 FOR STOCKS WHICH HAVE BEEN OVERFISHED

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, 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,

Council Regulation (EU) 2016/2285,

Council Regulation (EU) 2016/2372, and

Council Regulation (EU) 2017/127.

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

Council Regulation (EU) 2016/2285,

Council Regulation (EU) 2017/1970,

Council Regulation (EU) 2017/2360, and

Council Regulation (EU) 2018/120.

(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, the first half of the deduction, namely 1134,677 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.

(8) Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,

HAS ADOPTED THIS REGULATION:

Article 1

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 2

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, 12 December 2018. For the Commission The President Jean-Claude Juncker

ANNEX

ANNEX DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2018 FOR STOCKS WHICH HAVE BEEN OVERFISHED

Member State Species code Area code Species name Area name Initial quota 2017 (in kilograms) Permitted landings 2017 (Total adapted quantity in kilograms) Total catches 2017 (quantity in kilograms) Quota con-sumption related to permitted landings Overfishing related to permitted landing (quantity in kilograms) Multiplying factor Additional Multiplying factor Outstanding deductions from previous year(s) (quantity in kilograms) Deductions to apply in 2018 (quantity in kilograms) BE RJU 07D. Undulate ray Union waters of VIId 2000 2000 5648 282,40 % 3648 1,00 / / 3648 BE SRX 07D. Skates and rays Union waters of VIId 96000 91353 95695 104,75 % 4342 / / / 4342 BE SRX 67AKXD Skates and rays Union waters of VIa, VIb, VIIa-c and VIIe-k 762000 907100 919333 101,35 % 12233 / / / 12233 DK MAC 2A34. Mackerel IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32 22031 17525756 17992741 102,66 % 466985 / / / 466985 DK MAC 2A4A-N Mackerel Norwegian waters of IIa and IVa 16004 14538090 14801414 101,81 % 263324 / / / 263324 DK MAC 2CX14- Mackerel VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV / 5341916 5342930 100,02 % 1014 / / / 1014 DK NOP 04-N. Norway pout and associated by-catches Norwegian waters of IV 0 0 16298 N/A 16298 1,00 A / 24447 DK OTH 1N2AB. Other species Norwegian waters of I and II / 0 9979 N/A 9979 1,00 / / 9979 DK POK 1N2AB. Saithe Norwegian waters of I and II / 0 9508 N/A 9508 1,00 / / 9508 ES ALB AN05N Northern albacore Atlantic Ocean, north of 5° N 14981130 13961453 13940306 99,85 % – 21147 / / 189117 189117 ES GHL 1N2AB. Greenland halibut Norwegian waters of I and II / 19200 36090 187,97 % 16890 1,00 A / 25335 ES GHL N3LMNO Greenland halibut NAFO 3LMNO 4067000 4061001 4072229 100,28 % 11228 / C / 11228 ES POK 1N2AB. Saithe Norwegian waters of I and II / 86500 88150 101,91 % 1650 / / / 1650 ES SWO AS05N Swordfish Atlantic Ocean, South of 5° N 4715270 4715270 4808206 101,97 % 92936 / / / 92936 FR GHL 1N2AB. Greenland halibut Norwegian waters of I and II / 0 6868 N/A 6868 1,00 / / 6868 FR YFT IOTC Yellowfin tuna IOTC Area of Competence 29501000 29651000 29960730 101,04 % 309730 / / / 309730 IE HKE 8ABDE. Hake VIIIa, VIIIb, VIIId and VIIIe / 0 1300 N/A 1300 1,00 C / 1300 IE MAC 2CX14- Mackerel VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV 86426000 86319537 86520982 100,23 % 201445 / / / 201445 NL WHG 56-14 Whiting VI; Union and international waters of Vb; international waters of XII and XIV / 0 18648 N/A 18648 1,00 / / 18648 PL COD 3BC+24 Cod Subdivisions 22-24 654000 915170 947501 103,53 % 32331 / C / 32331 PT ALB AN05N Northern albacore Atlantic Ocean, north of 5° N 2413800 2332800 2564017 109,91 % 231217 / / / 231217 PT ALF 3X14- Alfonsinos Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV 182000 182626 185582 101,62 % 2956 / / / 2956 PT ANE 9/3411 Anchovy IX and X; Union waters of CECAF 34.1.1 6522000 8992936 9141377 101,65 % 148441 / / / 148441 PT BUM ATLANT Blue marlin Atlantic ocean 52320 51259 56271 109,78 % 5012 / / / 5012 PT LEZ 8C3411 Megrims VIIIc, IX and X; Union waters of CECAF 34.1.1 36000 139400 142316 102,09 % 2916 / / / 2916 PT SBR 09- Red seabream Union and international waters of IX 37000 72027 75905 105,38 % 3878 / / / 3878 PT SRX 89-C. Skates and rays Union waters of VIII and IX 1156000 1132824 1211808 106,97 % 78984 / / / 78984 PT SWO AN05N Swordfish Atlantic Ocean, North of 5° N 1170830 1738532 1854956 106,70 % 116424 / / / 116424 UK MAC 2CX14- Mackerel VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV 237677000 222116471 224288943 100,98 % 2172472 / A / 2172472

Versions

2018-12-12

Cited by

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 Regulation · Grade B
Commission Implementing Regulation (EU) 2018/1969 has established deductions from fishing quotas for certain stocks in 2018 on account of overfishing in the previous years.
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 Regulation · Grade B
However, for certain Member States no deductions could be operated by Implementing Regulation (EU) 2018/1969 from quotas allocated for the overfished stocks because such quotas are not available for those Member States in the year 2018.
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 Regulation · Grade B
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 enable deductions from the same stocks in the framework of Implementing Regulation (EU) 2018/1969.
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 Regulation · Grade B
On 17 October 2018, Spain informed the Commission that the catches in 2017 of swordfish in the Atlantic Ocean, South of 5° N (SWO/AS05N) had been erroneously reported. Following corrections submitted on 3 December 2018 by Spain in the aggregated catch data reporting system, it appears that the catch uptake for swordfish in the Atlantic Ocean, South of 5° N remains below the allocated quota for 2017. Therefore, the corresponding deductions should be deleted from the Annex to Implementing Regulation (EU) 2018/1969.
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 Regulation · Grade B
On 23 November 2018, Spain requested to update its catch declarations regarding yellowfin tuna in IOTC area of competence (YFT/IOTC). On the basis of the last updated data transmitted by Spain on 13 December 2018, it appears that the Spanish 2017 quota was exceeded for yellowfin tuna in IOTC area of competence (YFT/IOTC). The corresponding deduction should consequently be added to the Annex to Implementing Regulation (EU) 2018/1969.
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 Regulation · Grade B
Moreover, certain deductions required by Implementing Regulation (EU) 2018/1969 appear to be larger than the adapted quota available in the year 2018 and, as a consequence, cannot be entirely operated in that year. According to Communication 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.
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 Regulation · Grade B
Implementing Regulation (EU) 2018/1969 should therefore be amended accordingly.
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 Regulation · Grade B
This Regulation should apply retroactively from the day on which Implementing Regulation (EU) 2018/1969 establishing the deductions from fishing quotas for the same stocks in 2018 entered into force,
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 Regulation · Grade B
The Annex to Implementing Regulation (EU) 2018/1969 is replaced by the text in Annex II to this Regulation.
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 Regulation · Grade B
Commission Implementing Regulation (EU) 2018/1969 and Commission Implementing Regulation (EU) 2019/479 have provided for deductions from fishing quotas for certain countries and species for 2018. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2018 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 2019 and, where appropriate, from s