Commission Implementing Regulation (EU) 2017/162 of 31 January 2017 operating deductions from fishing quotas available for certain stocks in 2016 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2016/2226 operating deductions from fishing quotas available for certain stocks in 2016 on account of overfishing in the previous years
Commission Implementing Regulation (EU) 2017/162of 31 January 2017operating deductions from fishing quotas available for certain stocks in 2016 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2016/2226 operating deductions from fishing quotas available for certain stocks in 2016 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 1966/2006OJ L 343, 22.12.2009, p. 1., and in particular Article 105(1), (2), (3) and (5) thereof,Whereas:(1)Fishing quotas for the year 2015 were established by:Council Regulation (EU) No 1221/2014Council Regulation (EU) No 1221/2014 of 10 November 2014 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulations (EU) No 43/2014 and (EU) No 1180/2013 (OJ L 330, 15.11.2014, p. 16).,Council Regulation (EU) No 1367/2014Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).,Council Regulation (EU) 2015/104Council Regulation (EU) 2015/104 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 779/2014 (OJ L 22, 28.1.2015, p. 1)., andCouncil Regulation (EU) 2015/106Council Regulation (EU) 2015/106 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 19, 24.1.2015, p. 8)..(2)Fishing quotas for the year 2016 were established by:Regulation (EU) No 1367/2014,Council Regulation (EU) 2015/2072Council Regulation (EU) 2015/2072 of 17 November 2015 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulations (EU) No 1221/2014 and (EU) 2015/104 (OJ L 302, 19.11.2015, p. 1).,Council Regulation (EU) 2016/72Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 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) 2015/104 (OJ L 22, 28.1.2016, p. 1)., andCouncil Regulation (EU) 2016/73Council Regulation (EU) 2016/73 of 18 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks in the Black Sea (OJ L 16, 23.1.2016, p. 1)..(3)According 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) 2016/2226Commission Implementing Regulation (EU) 2016/2226 of 9 December 2016 operating deductions from fishing quotas available for certain stocks in 2016 on account of overfishing in the previous years (OJ L 336, 10.12.2016, p. 28). has established deductions from fishing quotas for certain stocks in 2016 on account of overfishing in the previous years.(5)However, for certain Member States, no deductions could be operated by Implementing Regulation (EU) 2016/2226 from quotas allocated for the overfished stocks because such quotas were not available for those Member States in the year 2016.(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. According to Commission Communication 2012/C 72/07Communication 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). such deductions should be preferably operated from quotas allocated for stocks fished by the same fleet as the fleet that overfished the quota, taking into account the need to avoid discards in mixed fisheries.(7)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 CouncilRegulation (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). enabled partial deductions from the same stocks in the framework of Implementing Regulation (EU) 2016/2226. The remaining deductions should be operated on quotas for other stocks pursuant to Article 105(5) of Regulation (EC) No 1224/2009.(8)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.(9)In 2015, Spain has overfished its quota for skates and rays in Union waters of ICES Subareas VIII and IX (SRX/89-C.). By letter of 30 September 2016, Spain requested to spread the deduction due over 2 years. In view of the information provided and considering that a significant loss of quota would produce excessive discards of the species concerned, in accordance with point 3, letter (b) of the Communication 2012/C 72/07, this request can be accepted.(10)As regards sandeel in geographical area of ICES divisions IIa, IIIa and subdivision IV, given Denmark has overfished its total allowable catches in Union waters of management area 1 as defined in Annex IID of Regulation (EU) 2015/104 in 2015, it is required to operate deductions. In 2016, minimal catches have been allowed for sandeel in these waters in order to monitor the abundance of sandeel. However, with the said deductions it is impossible to maintain the monitoring systemhttp://www.ices.dk/sites/pub/Publication%20Reports/Expert%20Group%20Report/acom/2016/HAWG/13%20HAWG%20Report%202016%20-%20Sec%2011%20Sandeel%20in%20Division%203.a%20and%20Subarea%204.pdf advised by the International Council for the Exploration of the Sea (ICES) to manage sandeel. Therefore, deductions for the quotas overfished by Denmark in 2015 in this area should be operated from sandeel management area 3.(11)Moreover, certain deductions required by Implementing Regulation (EU) 2016/2226 appear to be larger than the adapted quota available in the year 2016 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.(12)Implementing Regulation (EU) 2016/2226 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION:
Article 1The fishing quotas fixed in Regulations (EU) No 1367/2014, (EU) 2015/2072, (EU) 2016/72 and (EU) 2016/73 for the year 2016 referred to in the Annex I to this Regulation shall be reduced by applying the deductions on the alternative stocks set out in that Annex.
Article 2The Annex to Implementing Regulation (EU) 2016/2226 is replaced by the text in Annex II to this Regulation.
Article 3This 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, 31 January 2017.For the CommissionThe PresidentJean-Claude JunckerANNEX IDeductions from quotas for alternative stocks
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, quota transfers from 2014 to 2015 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3), with Article 5a of Regulation (EU) No 1221/2014, with Article 18a of Regulation (EU) 2015/104 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.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.As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.Letter "A" indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2013, 2014 and 2015. Letter "C" indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.Remaining quantities that could not be deducted in 2015 pursuant to Commission Implementing Regulation (EU) 2015/1801 (OJ L 263, 8.10.2015, p. 19) as amended by Commission Implementing Regulation (EU) 2015/2404 (OJ L 333, 19.12.2015, p. 73) because there was no or not sufficient quota available.Quantities that could be deducted on the same stock thanks to exchange of fishing opportunities concluded in accordance with Article 16(8) of Regulation (EU) No 1380/2013.Additional multiplying factors are not cumulative and operated only once.
Member StateSpecies codeArea codeSpecies nameArea namePermitted landings 2015 (Total adapted quantity in kilograms)Total catches 2015 (qty in kilograms)Quota con-sumption (%)Overfishing related to permitted landing (qty in kilograms)Multiplying factorAdditional multiplying factorOutstanding deduction from previous years (qty in kilograms)Deductions 2016 (qty in kilograms)Deductions already applied in 2016 on the same stock (qty in kilograms)Remaining quantity to be deducted on alternative stock (qty in kilograms)
(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13)(14)(15)
DKDGS03A-C.Spurdog/dogfishUnion waters of IIIa03840N/A38401,00//384003840
Deduction to be made on the following stock
DKNEP3A/BCDNorway lobsterIIIa; Union waters of Subdivisions 22-32/////////3840
DKDGS2AC4-CSpurdog/dogfishUnion waters of IIa and IV01540N/A15401,00//154001540
Deduction to be made on the following stock
DKNEP2AC4-CNorway lobsterUnion waters of IIa and IV/////////1540
DKNOP04-N.Norway poutNorwegian waters of IV028270N/A282701,00//28270028270
Deduction to be made on the following stock
DKNOP2A3A4.Norway poutIIIa; Union waters of IIa and IV/////////28270
ESBUMATLANTBlue marlinAtlantic Ocean20360134082658,561137222,0A1728785140440514044
Deduction to be made on the following stock
ESSWOAN05NSwordfishAtlantic Ocean, North of 5° N/////////514044
ESGHL1N2AB.Greenland halibutNorwegian waters of I and II024239N/A242391,00A/36359036359
Deduction to be made on the following stock
ESPOK1N2AB.SaitheNorwegian waters of I and II/////////36359
FRGHL1N2AB.Greenland halibutNorwegian waters of I and II20007957397,8559571,00//595705957
Deduction to be made on the following stock
FROTH1N2AB.Other speciesNorwegian waters of I and II/////////5957
NLANE08.AnchovyVIII012493N/A124931,00//12493012493
Deduction to be made on the following stock
NLWHB1X14Blue whitingUnion and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV/////////12493
NLHKE3A/BCDHakeIIIa; Union waters of Subdivisions 22-3201575N/A15751,00A+C/236302363
Deduction to be made on the following stock
NLHKE2AC4-CHakeUnion waters of IIa and IV/////////2363
NLWHG56-14WhitingVI; Union and international waters of Vb; international waters of XII and XIV011475N/A114751,00//11475011475
Deduction to be made on the following stock
NLHKE8ABDE.HakeVIIIa, VIIIb, VIIId and VIIIe/////////11475
PTGHL1N2AB.Greenland HalibutNorwegian waters of I and II06098N/A60981,00//609806098
Deduction to be made on the following stock
PTRED1N2AB.RedfishNorwegian waters of I and II/////////6098
PTPOK1N2AB.SaitheNorwegian waters of I and II9700969099,90– 10//14561614560653145553
Deduction to be made on the following stock
PTRED1N2AB.RedfishNorwegian waters of I and II/////////145553
ANNEX IIThe Annex to Implementing Regulation (EU) 2016/2226 is replaced by the following:"ANNEXDeductions from quotas for stocks which have been overfished
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 2014 to 2015 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3), with Article 5a of Council Regulation (EU) No 1221/2014 (OJ L 330, 15.11.2014, p. 16), with Article 18a of Council Regulation (EU) 2015/104 (OJ L 22, 28.1.2015, p. 1) or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.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.As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.Letter "A" indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2013, 2014 and 2015. Letter "C" indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.Remaining quantities that could not be deducted in 2015 pursuant to Regulation (EU) 2015/1801 as amended by Regulation (EU) 2015/2404 because there was no or not sufficient quota available.Deductions to operate in 2016 as established by Commission Implementing Regulation (EU) 2016/2226 (OJ L 336, 10.12.2016, p. 38).Deductions to operate in 2016 that could be actually applied considering the available quota on the day of entry into force of Implementing Regulation (EU) 2016/2226.Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.Remaining unused quantity after the transfer of 8005 kilograms from 2015 to 2016 operated pursuant to Commission Implementing Regulation (EU) 2016/1142 (OJ L 189, 14.7.2016, p. 9).Remaining unused quantity after the transfer of 3004 kilograms from 2015 to 2016 operated pursuant to Implementing Regulation (EU) 2016/1142.Quantities below 1 tonne are not considered.At Germany's request, additional landings up to 10 % of the T/B quota were permitted by the Commission according to Article 3(3) of Regulation (EC) No 847/96.Additional multiplying factors are not cumulative and operated only once.To be deducted from SAN/234_3 (sandeel management area 3).At Spain's request, the deduction of 263535 kilos due in 2016 will be equally spread over two years (2016 and 2017)."
Member StateSpecies codeArea codeSpecies nameArea nameInitial quota 2015 (quantity in kilograms)Permitted landings 2015 (Total adapted qty in kilograms)Total catches 2015 (qty in kilograms)Quota consumption related to permitted landings (%)Overfishing related to permitted landing (qty in kilograms)Multiplying factorAdditional multiplying factorOutstanding deductions from previous years (qty in kilograms)Deductions to apply in 2016 (qty in kilograms)Deductions already applied in 2016 (qty in kilograms)To be deducted in 2017 and following year(s) (qty in kilograms)
(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13)(14)(15)(16)
BESOL24-C.Common soleUnion waters of IIa and IV991000929510939590101,0810080///1008010080/
BESRX07D.Skates and raysUnion waters of VIId72000705116949598,56– 1016//10978181/
BESRX2AC4-CSkates and raysUnion waters of IIa and IV211000245500256147104,3410647///1064710647/
BESRX67AKXDSkates and raysUnion waters of VIa, VIb, VIIa-c and VIIe-k725000915262918243100,332981///29812981/
DET/B2AC4-CTurbot/BrillUnion waters of IIa and IV186000349000350186100,341186///11861186/
DKCOD03AN.CodSkagerrak333600032234073349360103,91125923/(C)/125923125923/
DKDGS03A-C.Spurdog/dogfishUnion waters of IIIa003840N/A38401,00//38403840/
DKDGS2AC4-CSpurdog/dogfishUnion waters of IIa and IV001540N/A15401,00//15401540/
DKHER03A-BCHerringIIIa569200057700006056070104,96286070///286070286070/
DKNOP04-N.Norway poutNorwegian waters of IV0028270N/A282701,00//2827028270/
DKSAN234_1SandeelUnion waters of sandeel management area 1125459000115924000130977950112,99150539501,2//1806474018064740/
DKSAN234_6SandeelUnion waters of sandeel management area 6206000219000228860104,509860///98609860/
ESALF3X14-AlfonsinosUnion and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV67000800456254478,13– 9496//1615966635846817
ESANE08.AnchovyVIII225000002292378424068471104,991144687///11446871144687/
ESBSF8910-Black scabbard-fishUnion and international waters of VIII, IX and X12000300501100,37– 26936//29639270302703
ESBUMATLANTBlue marlinAtlantic Ocean1036020360134082658,561137222,0A172878514044514044/
ESCOD1/2BCodI and IIb132830001218209112391441101,72209350///209350209350/
ESGHL1N2AB.Greenland halibutNorwegian waters of I and II/024239N/A242391,00A/3635936359/
ESREDN3LN.RedfishNAFO 3LN/171440173836101,402396///23962396/
ESSOL8AB.Common soleVIIIa and VIIIb900069687397106,13(429)/(A+C)275927592759/
ESSRX67AKXDSkates and raysUnion waters of VIa, VIb, VIIa-c and VIIe-k43800412000445713108,1833713///3371333713/
ESSRX89-C.Skates and raysUnion waters of VIII and IX1057000650485771246118,561207611,2/118622263535131768131767
ESUSK567EI.TuskUnion and international waters of V, VI and VII460001350086264646,40– 72362//587620//
ESWHMATLANTWhite marlinAtlantic Ocean243102431068613282,24443031,00A725391389940138994
FRGHL1N2AB.Greenland halibutNorwegian waters of I and II/20007957397,8559571,00//59575957/
FRHAD7X7A34HaddockVIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1556100057609845775607100,2514623///1462314623/
FRPLE7HJK.PlaiceVIIh, VIIj and VIIk170005700759833104,952826///28262826/
FRSRX07D.Skates and raysUnion waters of VIId602000591586689868116,61982821,00//9828298282/
FRSRX89-C.Skates and raysUnion waters of VIII and IX129800015070001578469104,7471469///7146971469/
IECOD07A.CodVIIa120000134776138122102,483346///33463346/
IESRX67AKXDSkates and raysUnion waters of VIa, VIb, VIIa-c and VIIe-k10480009465541044694110,37981401,00//9814098140/
NLANE08.AnchovyVIII/012493N/A124931,00//1249312493/
NLCOD2A3AX4CodIV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat280000013405201348815100,628295/(C)/82958295/
NLHER*25B-FHerringII, Vb north of 62° N (Faroes waters)110400018411602230998121,173898381,4//54577352222223551
NLHKE3A/BCDHakeIIIa; Union waters of Subdivisions 22-32/01575N/A15751,00A+C/23632363/
NLMAC*3A4BCMackerelIIIa and IVbc49000010845001090087100,525587///55875587/
NLPOK2A34.SaitheIIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32680005660063411112,0368111,00//681157541057
NLSRX2AC4-CSkates and raysUnion waters of IIa and IV180000245300252765103,047465///74657465/
NLT/B2AC4-CTurbot and brillUnion waters of IIa and IV257900027830002793239100,3710239///1023910239/
NLWHB1X14Blue whitingUnion and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV367110005529745655584332100,52286876///286876286876/
NLWHG2AC4.WhitingIV; Union waters of IIa699000527900547717103,7519817///1981719817/
NLWHG56-14WhitingVI; Union and international waters of Vb; international waters of XII and XIV/011475N/A114751,00//1147511475/
PTGHL1N2ABGreenland HalibutNorwegian waters of I and II/06098N/A60981,00//60986098/
PTPOK1N2AB.SaitheNorwegian waters of I and II/9700969099,90– 10//14561614560653145553
UKCOD2A3AX4CodIV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat113690001482860014846189100,1217589/(C)/1758917589/
UKHER4AB.HerringUnion and Norwegian waters of IV north of 53° 30′ N622920006689286068024970101,691132100///11321101132110/
UKMAC2CX14-MackerelVI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV245363000237093794242496391102,285402597/(A)/54025975402597/
UKMAC*3A4BCMackerelIIIa and IVbc490000620500626677101,006177///61776177/
UKSAN234_1SandeelUnion waters of sandeel management area 1274200012194002000034164,027806342,00//1561268951001466168