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
Commission Implementing Regulation (EU) 2019/479of 22 March 2019operating 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 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 2017 have been established by:Council Regulation (EU) 2016/1903Council Regulation (EU) 2016/1903 of 28 October 2016 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2016/72 (OJ L 295, 29.10.2016, p. 1).,Council Regulation (EU) 2016/2285Council 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).,Council Regulation (EU) 2016/2372Council Regulation (EU) 2016/2372 of 19 December 2016 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 352, 23.12.2016, p. 26)., andCouncil Regulation (EU) 2017/127Council Regulation (EU) 2017/127 of 20 January 2017 fixing for 2017 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 24, 28.1.2017, p. 1)..(2)Fishing quotas for the year 2018 have been established by:Council Regulation (EU) 2016/2285,Council Regulation (EU) 2017/1970Council 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).,Council Regulation (EU) 2017/2360Council 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)., andCouncil Regulation (EU) 2018/120Council 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)..(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) 2018/1969Commission 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 (OJ L 316, 13.12.2018, p. 12). has established deductions from fishing quotas for certain stocks in 2018 on account of overfishing in the previous years.(5)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.(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 72/07 containing Guidelines for deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009Communication 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)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 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). enable deductions from the same stocks in the framework of Implementing Regulation (EU) 2018/1969.(9)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.(10)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.(11)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.(12)Implementing Regulation (EU) 2018/1969 should therefore be amended accordingly.(13)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,HAS ADOPTED THIS REGULATION:
Article 1The fishing quotas fixed in Regulations (EU) 2016/2285, (EU) 2017/1970, (EU) 2017/2360 and (EU) 2018/120 for the year 2018 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 2The Annex to Implementing Regulation (EU) 2018/1969 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.It shall apply from 20 December 2018.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 22 March 2019.For the CommissionThe PresidentJean-Claude JunckerANNEX IDEDUCTIONS FROM 2018 FISHING QUOTAS FOR ALTERNATIVE STOCKS
OVERFISHED STOCKALTERNATIVE STOCK
Member StateSpecies codeArea codeSpecies nameArea nameQuantity that cannot be deducted from the 2018 fishing quota for the overfished stock (in kilograms)Member StateSpecies codeArea codeSpecies nameArea nameQuantity to be deducted from the 2018 fishing quota for the alternative stock (in kilograms)
DKNOP04-N.Norway poutNorwegian waters of IV24447DKNOP2A3A4.Norway pout3a; Union waters of 2a and 424447
DKOTH1N2AB.Other speciesNorwegian waters of I and II9979DKHER1/2-HerringUnion, Faroese, Norwegian and international waters of 1 and 29979
DKPOK1N2AB.SaitheNorwegian waters of I and II9508DKHER1/2-HerringUnion, Faroese, Norwegian and international waters of 1 and 29508
ESGHL1N2AB.Greenland halibutNorwegian waters of I and II25335ESRED1N2AB.RedfishNorwegian waters of 1 and 225335
ESPOK1N2AB.SaitheNorwegian waters of I and II1650ESRED1N2AB.RedfishNorwegian waters of 1 and 21650
FRGHL1N2AB.Greenland halibutNorwegian waters of I and II6868FRRED1N2AB.RedfishNorwegian waters of 1 and 26868
IEHKE8ABDE.HakeVIIIa, VIIIb, VIIId and VIIIe1300IEHKE571214Hake6 and 7; Union and international waters of 5b; international waters of 12 and 141300
NLWHG56-14WhitingVI; Union and international waters of Vb; international waters of XII and XIV18648NLWHG2AC4.Whiting4; Union waters of 2a18648
ANNEX II

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ANNEXDEDUCTIONS FROM 2018 FISHING QUOTAS
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 2016 to 2017 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.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 2015, 2016 and 2017. 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 from previous year(s).Deductions to operate in 2018.Deductions to operate in 2018 that could be actually applied considering the available quota on 20 December 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 (OJ L 82, 25.3.2019, p. 6).Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.The deduction cannot be reduced by this unused quantity as article 4 of Regulation (EC) No 847/96 is not applicable to the ALB/AN05N stock.At Spain's request, the deduction of 2269354 kilos due in 2017 was equally spread over two years (2017 and 2018) by Implementing Regulation (EU) 2017/2309. Since the 2018 initial quota for Spain as fixed by Regulation (EU) 2018/120 already reflects a deduction of 945560 kilos, the remaining quantity to deduct amounts to 189117 kilos.Despite not having initial quota for this overfished stock, Denmark concluded exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 enabling deductions from the same stock.
Member StateSpecies codeArea codeSpecies nameArea nameInitial quota 2017 (in kilograms)Permitted landings 2017 (Total adapted quantity in kilograms)Total catches 2017 (quantity in kilograms)Quota consumption related to permitted landingsOverfishing related to permitted landing (quantity in kilograms)Multiplying factorAdditional Multiplying factorOutstanding deductions from previous year(s) (quantity in kilograms)Deductions from fishing quotas for 2018 and subsequent years (quantity in kilograms)Deductions from 2018 fishing quotas for the overfished stocks (quantity in kilograms)Deductions from 2018 fishing quotas for alternative stocks in accordance with Annex I to Implementing Regulation (EU) 2019/479 (quantity in kilograms)To be deducted from fishing quotas for 2019 and subsequent year(s) (quantity in kilograms)
BERJU07D.Undulate rayUnion waters of VIId200020005648282,40 %36481,00//36481031/2617
BESRX07D.Skates and raysUnion waters of VIId960009135395695104,75 %4342///43424342//
BESRX67AKXDSkates and raysUnion waters of VIa, VIb, VIIa-c and VIIe-k762000907100919333101,35 %12233///1223312233//
DKMAC2A34.MackerelIIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32220311752575617992741102,66 %466985///466985466985//
DKMAC2A4A-NMackerelNorwegian waters of IIa and IVa160041453809014801414101,81 %263324///263324263324//
DKMAC2CX14-MackerelVI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV/53419165342930100,02 %1014///10141014//
DKNOP04-N.Norway pout and associated by-catchesNorwegian waters of IV0016298N/A162981,00A/24447/24447/
DKOTH1N2AB.Other speciesNorwegian waters of I and II/09979N/A99791,00//9979/9979/
DKPOK1N2AB.SaitheNorwegian waters of I and II/09508N/A95081,00//9508/9508/
ESALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N14981130139614531394030699,85 %– 21147//189117189117189117//
ESGHL1N2AB.Greenland halibutNorwegian waters of I and II/1920036090187,97 %168901,00A/25335/25335/
ESGHLN3LMNOGreenland halibutNAFO 3LMNO406700040610014072229100,28 %11228/C/1122811228//
ESPOK1N2AB.SaitheNorwegian waters of I and II/8650088150101,91 %1650///1650/1650/
ESYFTIOTCYellowfin tunaIOTC Area of Competence456820004568200048147520105,40 %2465520///2465520327060/2138460
FRGHL1N2AB.Greenland halibutNorwegian waters of I and II/06868N/A68681,00//6868/6868/
FRYFTIOTCYellowfin tunaIOTC Area of Competence295010002965100029960730101,04 %309730///309730309730//
IEHKE8ABDE.HakeVIIIa, VIIIb, VIIId and VIIIe/01300N/A13001,00C/1300/1300/
IEMAC2CX14-MackerelVI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV864260008631953786520982100,23 %201445///201445201445//
NLWHG56-14WhitingVI; Union and international waters of Vb; international waters of XII and XIV/018648N/A186481,00//18648/18648/
PLCOD3BC+24CodSubdivisions 22-24654000915170947501103,53 %32331/C/323310/32331
PTALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N241380023328002564017109,91 %231217///231217231217//
PTALF3X14-AlfonsinosUnion and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV182000182626185582101,62 %2956///29562956//
PTANE9/3411AnchovyIX and X; Union waters of CECAF 34.1.1652200089929369141377101,65 %148441///148441148441//
PTBUMATLANTBlue marlinAtlantic ocean523205125956271109,78 %5012///50125012//
PTLEZ8C3411MegrimsVIIIc, IX and X; Union waters of CECAF 34.1.136000139400142316102,09 %2916///29162916//
PTSBR09-Red seabreamUnion and international waters of IX370007202775905105,38 %3878///38783878//
PTSRX89-C.Skates and raysUnion waters of VIII and IX115600011328241211808106,97 %78984///7898478984//
PTSWOAN05NSwordfishAtlantic Ocean, North of 5° N117083017385321854956106,70 %116424///116424116424//
UKMAC2CX14-MackerelVI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV237677000222116471224288943100,98 %2172472/A/21724722172472//