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
Commission Implementing Regulation (EU) 2020/112of 22 January 2020operating 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 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 2018 have been established by: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) 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)..(2)Fishing quotas for the year 2019 have been established by:Council Regulations (EU) 2018/1628Council 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).,Council Regulation (EU) 2018/2025Council 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).,Council Regulation (EU) 2018/2058Council 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)., andCouncil Regulation (EU) 2019/124Council 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)..(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) 2019/1726Commission 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). has established deductions from fishing quotas for certain stocks in 2019 on account of overfishing in the previous years.(5)However, for certain Member States, no deductions could be operated by Implementing Regulation (EU) 2019/1726 from quotas allocated for the overfished stocks because such quotas are not available for those Member States in the year 2019.(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, following consultations with the Member States concerned. According to Commission Communication No 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 in the following year or years from quotas allocated for stocks fished by the same fleet as the fleet that overfished the quota.(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) 2019/1726.(9)Moreover, certain deductions required by Implementing Regulation (EU) 2019/1726 appear to be larger than the adapted quota available in the year 2019 and, as a consequence, cannot be entirely operated in that year. According to Communication No 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.(10)Further updates or corrections may still occur following the detection, for the current or previous exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009.(11)Implementing Regulation (EU) 2019/1726 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION:
Article 1The fishing quotas fixed in Regulations (EU) 2018/1628, (EU) 2018/2025, (EU) 2018/2058, and (EU) 2019/124 for the year 2019 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) 2019/1726 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, 22 January 2020.For the CommissionThe PresidentUrsula von der LeyenANNEX IDEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2019 FOR ALTERNATIVE STOCKS
OVERFISHED STOCKSALTERNATIVE STOCKS
Member StateSpecies codeArea codeSpecies nameArea nameQuantity that cannot be deducted from the 2019 fishing quota for the overfished stock (in kilograms)Member StateSpecies codeArea codeSpecies nameArea nameQuantity to be deducted from the 2019 fishing quota for the alternative stocks (in kilograms)
ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 241604ESHAD1N2AB.HaddockNorwegian waters of 1 and 226783
COD1N2AB.CodNorwegian waters of 1 and 23418
RED1N2AB.RedfishNorwegian waters of 1 and 26786
RED51214DRedfishUnion and international waters of 5; international waters of 12 and 144617
FRGHL1N2AB.Greenland halibutNorwegian waters of 1 and 215380FRRED1N2AB.RedfishNorwegian waters of 1 and 215380
NLWHG56-14Whiting6; Union and international waters of 5b; international waters of 12 and 144492NLWHG2AC4.Whiting4; Union waters of 2a4492
UKRHG5B67-Roughhead grenadierUnion and international waters of Vb, VI and VII5016UKRNG5B67-Roundnose grenadierUnion and international waters of 5b, 6 and 75016
ANNEX IIThe Annex to Implementing Regulation (EU) 2019/1726 is replaced by the following:

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ANNEXDEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2019
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 2017 to 2018 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 2016, 2017 and 2018. 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 2019.Deductions to operate in 2019 that could be actually applied considering the available quota on 22 October 2019.OJ L 263, 16.10.2019, p. 3.To be deducted from RJU/7DE. (Union waters of 7d and 7e).Quantities below 1 tonne are not considered.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 YFT/IOTC stock.Despite not having initial quota for this overfished stock, France concluded exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 enabling partial deduction from the same stock.To be deducted from RNG/5B67- (roundnose grenadier in Union and international waters of Vb, VI and VII).
Member StateSpecies codeArea codeSpecies nameArea nameInitial quota 2018 (in kilograms)Permitted landings 2018 (Total adapted quantity in kilograms)Total catches 2018 (quantity in kilograms)Quota consumption related to permitted landingsOverfishing related to permitted landing (quantity in kilograms)Multiplying factorAdditional Multiplying factor , Outstanding deductions from previous year(s) (quantity in kilograms)Deductions from fishing quotas for 2019 and subsequent years (quantity in kilograms)Deductions from 2019 fishing quotas for the overfished stocks (quantity in kilograms)Deductions from 2019 fishing quotas for alternative stocks in accordance with Annex I to Regulation (EU) 2019/1726 (quantity in kilograms)To be deducted from fishing quotas for 2020 and subsequent year(s) (quantity in kilograms)
BERJE7FG.Small-eyed rayUnion waters of 7f and 7g140001540019888129,14 %44881,00//44884488//
BERJU07D.Undulate rayUnion waters of 7d20009691394143,86 %425N/AN/A261726172617//
DECOD3BC+24CodSubdivisions 22-24119400013494001393360103,26 %43960/C/4396043960//
DKCOD3BC+24CodSubdivisions 22-24244400025942702617780100,91 %23510/C/2351023510//
ESBETATLANTBigeye tunaAtlantic Ocean979192092819209756069105,11 %474149/C/474149474149//
ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2/027736N/A277361,00A/41604/41604/
ESGHLN3LMNOGreenland halibutNAFO 3LMNO453400044967724508020100,25 %11248/A + C/1124811248//
ESNEP*07U16Norway lobsterFunctional Unit 16 of ICES Subarea 7825000155000158375102,18 %3375///33753375//
ESRJU9-C.Undulate rayUnion waters of 9150001500017067113,78 %20671,00//20670/2067
ESYFTIOTCYellowfin tunaIOTC Area of Competence45682000453549404496437399,14 %- 390567N/AN/A213846021384602138460//
EECODN3M.CodNAFO 3M124000916170953232104,05 %37062///3706237062//
FRGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2/018084N/A180841,00//18084270415380/
IEHER07A/MMHerring7a182600018503111979666106,99 %129355///129355129355//
IEMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14691410006654105566965925100,64 %424870///424870424870//
NLPOK2C3A4Saithe3a and 4; Union waters of 2a110000210994265115125,65 %541211,00//5412154121//
NLWHG56-14Whiting6; Union and international waters of 5b; international waters of 12 and 14/04492N/A44921,00//4492/4492/
PLCOD3BC+24CodSubdivisions 22-24654000786200858164109,15 %71964/C32331104295104295//
PTALF3X14-AlfonsinosUnion and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV182000179044184010102,77 %4966///49664966//
PTBETATLANTBigeye tunaAtlantic Ocean371747041524704405184106,09 %252714/C/252714252714//
PTBFTAE45WMBluefin tunaAtlantic Ocean, east of 45° W, and Mediterranean470190437190450343103,01 %13153/C/1315313153//
PTBUMATLANTBlue marlinAtlantic Ocean504404542874337163,64 %289091,00A/4336443364//
PTRJU9-C.Undulate rayUnion waters of 9150003300036295109,98 %3295///32953295//
UKCODN1GL14CodGreenland waters of NAFO 1F and Greenland waters of 5, 12 and 14382000497520512187102,95 %14667///1466710500/4167
UKGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2250002200024434111,06 %24341,00//24342434//
UKHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N793810008469479584739599100,05 %44804///4480444804//
UKMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14190143000186253028189644893101,82 %3391865/A/33918653391865//
UKPOK1N2AB.SaitheNorwegian waters of 1 and 2182000459700463509100,83 %3809///38093809//
UKRHG5B67-Roughhead grenadierUnion and international waters of Vb, VI and VII151015107588502,52 %60781,00//607810625016/
UKWHG56-14Whiting6; Union and international waters of 5b; international waters of 12 and 14122000124060139470112,42 %154101,00//1541015410//