Commission Implementing Regulation (EU) 2021/1420 of 30 August 2021 operating deductions from fishing quotas available for certain stocks in 2021 on account of overfishing in the previous years
Commission Implementing Regulation (EU) 2021/1420of 30 August 2021operating deductions from fishing quotas available for certain stocks in 2021 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) and (3) thereof,Whereas:(1)Fishing quotas for the year 2020 have been established by: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) 2019/1838Council Regulation (EU) 2019/1838 of 30 October 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2019/124 as regards certain fishing opportunities in other waters (OJ L 281, 31.10.2019, p. 1).,Council Regulation (EU) 2019/2236Council Regulation (EU) 2019/2236 of 16 December 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 336, 30.12.2019, p. 14)., andCouncil Regulation (EU) 2020/123Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 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 25, 30.1.2020, p. 1)..(2)Fishing quotas for the year 2021 have been established by:Council Regulation (EU) 2020/1579Council Regulation (EU) 2020/1579 of 29 October 2020 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2020/123 as regards certain fishing opportunities in other waters (OJ L 362, 30.10.2020, p. 3).,Council Regulation (EU) 2021/90Council Regulation (EU) 2021/90 of 28 January 2021 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 31, 29.1.2021, p. 1).,Council Regulation (EU) 2021/91Council Regulation (EU) 2021/91 of 28 January 2021 fixing, for the years 2021 and 2022, the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 31, 29.1.2021, p. 20)., andCouncil Regulation (EU) 2021/92Council Regulation (EU) 2021/92 of 28 January 2021 fixing for 2021 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 31, 29.1.2021, p. 31)..(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 2020. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2021 and, where relevant, in subsequent years, for the overfished stocks.(6)Commission Implementing Regulation (EU) 2020/1247Commission Implementing Regulation (EU) 2020/1247 of 2 September 2020 operating deductions from fishing quotas available for certain stocks in 2020 on account of overfishing in the previous years (OJ L 288, 3.9.2020, p. 21). and Commission Implementing Regulation (EU) 2020/2006Commission Implementing Regulation (EU) 2020/2006 of 8 December 2020 operating deductions from fishing quotas available for certain stocks in 2020 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2020/1247 (OJ L 414, 9.12.2020, p. 1). have set out deductions from fishing quotas for certain Member States and species for 2020. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2020 and could therefore not be operated entirely in that year. To ensure that in such cases the full amount for the respective stocks is deducted, the remaining quantities should be taken into account when establishing deductions for 2021 and, where appropriate, from subsequent quotas.(7)In 2019, Portugal overfished its quota for albacore in the Atlantic Ocean, North of 5° N (ALB/AN05N). The deduction of 1271,026 tonnes that resulted from this overfishing was applicable in 2020. At the request of Portugal, the corresponding deduction was equally spread over two years (2020 and 2021). By Regulation (EU) 2020/1247, the first half of the deduction, namely 635,513 tonnes, was operated on the 2020 Portuguese quota. Therefore, a remaining quantity of 635,513 tonnes should be deducted from the Portuguese quota for 2021.(8)As regards sandeel in ICES divisions 2a, 3a and ICES subarea 4, given Denmark has overfished its total allowable catches in Union waters of management area 2r as defined in Annex III of Regulation (EU) 2020/123 in 2020, it is required to operate deductions. In 2021, 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 systemICES. 2021. Sandeel (Ammodytes spp.) in divisions 4.b–c and Subdivision 20, Sandeel Area 2r (central and southern North Sea). In Report of the ICES Advisory Committee, 2021. ICES Advice 2021, san.sa.2r, https://doi.org/10.17895/ices.advice.7673 advised by the International Council for the Exploration of the Sea (ICES) to manage sandeel. Therefore, deductions for the quotas overfished by Denmark in 2020 in management area 2r should be operated from sandeel management area 3r in 2021.(9)Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2021 Spanish quotas pursuant to Commission Implementing Regulation (EU) No 185/2013Commission Implementing Regulation (EU) No 185/2013 of 5 March 2013 providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009 (OJ L 62, 6.3.2013, p. 1)..(10)Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,HAS ADOPTED THIS REGULATION:
Article 11.The fishing quotas fixed in Regulations (EU) 2020/1579, (EU) 2021/90, (EU) 2021/91 and (EU) 2021/92 for the year 2021 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 2This 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, 30 August 2021.For the CommissionThe PresidentUrsula von der LeyenANNEXDEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2021 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 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), quota transfers from 2019 to 2020 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 introducing additional conditions for year-to-year management of TACs and quotas (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 2018, 2019 and 2020. 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).Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.To be deducted from sandeel management area 3r.As Article 4 of Regulation (EC) No 847/96 is not applicable to the ALB/AN05N stock, this unused quantity cannot be utilised to reduce the remaining half of the deduction due in 2021.At Portugal’s request, the deduction of 1271026 kilos due in 2020 on account of overfishing in 2019 has been equally spread over two years (2020 and 2021).
Member StateSpecies codeArea codeSpecies nameArea nameInitial quota 2020 (in kilograms)Permitted landings 2020 (Total adapted quantity in kilograms)Total catches 2020 (quantity in kilograms)Quota con-sumption related to permitted landingsOverfishing related to permitted landing (quantity in kilograms)Multi-plying factorAddit-ional Multi-plying factor, Out-standing deductions from previous year(s) (quantity in kilograms)Deductions to apply in 2021 (quantity in kilograms)
DEHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N394040001899793020355612107,15 %1357682///1357682
DEMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14234160002114644322858079108,09 %1711636///1711636
DKCOD1N2AB.CodNorwegian waters of 1 and 2//1606N/A16061,00//1606
DKDGS15X14Picked dogfishUnion and international waters of 1, 5, 6, 7, 8, 12 and 14//4718N/A47181,00//4718
DKHER03A.Herring3a1030900074827317697049102,86 %214318///214318
DKHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N594680007565293381089507107,19 %5436574///5436574
DKMAC2A34.Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32199980001798749318625387103,55 %637894///637894
DKMAC2A4A-NMackerelNorwegian waters of 2a and 4a144530001350787813531201100,17 %23323///23323
DKPOK1N2AB.SaitheNorwegian waters of 1 and 2/7800887331137,60 %809331,00//80933
DKPRAN1GRN.Northern prawnGreenland waters of NAFO 1140000028000002818891100,67 %18891///18891
DKSAN234_2RSandeelUnion waters of sandeels management area 2r591060005604276357756024103,06 %1713261///1713261
ESCOD1/2B.Cod1 and 2b1168800095766159581250100,05 %4635///4635
ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2//22402N/A224021,00A/33603
ESOTH1N2AB.Other speciesNorwegian waters of 1 and 2//22078N/A220781,00//22078
ESRJU9-C.Undulate rayUnion waters of 9150001500021072140,48 %60721,00/20678139
EECOD1N2AB.CodNorwegian waters of 1 and 2/300000316377105,46 %16377///16377
FRGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2//8988N/A89881,00//8988
FRNEP08C.Norway lobster8c005342N/A53421,00//5342
FRWHMATLANTWhite marlinAtlantic Ocean//1225N/A12251,00C/2450
IEALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N289101027432602938449107,12 %195189/C/195189
LVHER3D-R30HerringUnion waters of Subdivisions 25-27, 28.2, 29 and 32425300061351446138817100,06 %3673/C/3673
LVSPR3BCD-CSpratUnion waters of subdivisions 22-32290730002861875328635182100,06 %16429/C/16429
NLHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N517170005089690751002687100,21 %105780///105780
NLWHB8C3411Blue whiting8c, 9 and 10; Union waters of CECAF 34.1.1//12235N/A122351,00//12235
PLHER1/2-HerringUnion, Faroese, Norwegian and international waters of 1 and 259300012260151329820108,47 %103805///103805
PLMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14164900047242365185187109,76 %460951///460951
PTALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N22739701638457159531597,37 %-43142N/AN/A635513635513
PTALF3X14-AlfonsinosUnion and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14164000155278158601102,14 %3323/A/3323
PTBETATLANTBigeye tunaAtlantic Ocean305833030583303069582100,37 %11252/C/11252
PTHKE8C3411Hake8c, 9 and 10; Union waters of CECAF 34.1.1261400019961542135737106,99 %139583/C/139583
PTSWOAS05NSwordfishAtlantic Ocean, South of 5° N299030299030309761103,59 %10731///10731