Commission Implementing Regulation (EU) 2015/1999 of 9 November 2015 amending Regulation (EU) No 165/2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010
Commission Implementing Regulation (EU) 2015/1999of 9 November 2015amending Regulation (EU) No 165/2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010THE 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 Community 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 1966/2006OJ L 343, 22.12.2009, p. 1., and in particular Article 105(1) and (2) thereof,Whereas:(1)Commission Regulation (EU) No 165/2011Commission Regulation (EU) No 165/2011 of 22 February 2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010 (OJ L 48, 23.2.2011, p. 11)., as amended by Implementing Regulation (EU) No 978/2014Commission Implementing Regulation (EU) No 978/2014 of 16 September 2014 amending Regulation (EU) No 165/2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010 (OJ L 275, 17.9.2014, p. 1)., establishes that the fishing quota for mackerel (Scomber scombrus) in ICES zones VIIIc, IX and X, and in Union waters of CECAF zone 34.1.1 ("mackerel fishing quota"), allocated to Spain in the year 2014, be subject to a deduction of 5989 tonnes on account of overfishing in 2010.(2)Regulation (EU) No 165/2011 furthermore provides, also on account of overfishing in 2010, that the mackerel fishing quota allocated to Spain in the year 2015, and where appropriate in subsequent years, be subject to a deduction of 9747 tonnes.(3)On 30 March 2015, the Spanish authorities informed the Commission that their mackerel fishing quota for the year 2014 had not been fully used and requested the Commission to take into account the unutilised tonnes in order to reduce to deductions provided for by Regulation (EU) No 165/2011 for the year 2015.(4)At the same time, Spain, had requested, pursuant to Article 4(2) of Council Regulation (EC) No 847/96Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3)., that, within the limits indicated in that Regulation, part of its mackerel fishing quota for 2014 be withheld and transferred to the year 2015.(5)Spain's 2014 unutilised mackerel fishing quota amounts to 5652,891 tonnes. Commission Implementing Regulation (EU) 2015/1170Commission Implementing Regulation (EU) 2015/1170 of 16 July 2015 adding to the 2015 fishing quotas certain quantities withheld in the year 2014 pursuant to Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 189, 17.7.2015, p. 2). already transferred 4211,038 tonnes of that unutilised fishing quota to the year 2015. Hence, the remaining 2014 unutilised tonnage amounts to 1441,853.(6)The request continues to be compatible with the rationale expressed in recital 7 of Regulation (EU) No 165/2011 justifying the spreading out of deductions over a period of five years or more.(7)The amount of 1441,853 tonnes should be used to reschedule the deductions provided for in Regulation (EU) No 165/2011, as amended by Implementing Regulation (EU) No 978/2014. That quantity should be added to the amount to be deducted from the mackerel fishing quota for the year 2014, which should thus be increased from 5989 to 7430,853 tonnes, and simultaneously be subtracted from the amount to be deducted from the mackerel fishing quota for the year 2015, which should thus be reduced from 9747 to 8305,147 tonnes.(8)Regulation (EU) No 165/2011 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION: