Commission Implementing Regulation (EU) 2021/2235 of 15 December 2021 operating deductions from fishing quotas available for certain stocks in 2021 in accordance with Council Regulation (EC) No 1224/2009 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2021/1420
Commission Implementing Regulation (EU) 2021/2235of 15 December 2021operating deductions from fishing quotas available for certain stocks in 2021 in accordance with Council Regulation (EC) No 1224/2009 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2021/1420 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 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)Commission Implementing Regulation (EU) 2021/1420Commission 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 (OJ L 305, 31.8.2021, p. 10). has established deductions from fishing quotas available for certain stocks in 2021 on account of overfishing in the previous years.(5)For certain Member States, namely Denmark, Spain, Estonia, France and the Netherlands, certain deductions could not be operated by Implementing Regulation (EU) 2021/1420 from quotas allocated for the overfished stocks because quotas for these stocks are not available for those Member States in the year 2021.(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 for that stock, 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 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) as amended by Communication 2019/C 192/03 (OJ C 192, 7.6.2019, p. 5). ("the Guidelines") 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 in relation to the operation of certain deductions from quotas allocated for stocks other than those which have been overfished. It is therefore appropriate to operate deductions from those fishing quotas allocated to those Member States in 2021.(8)Implementing Regulation (EU) 2021/1420 should therefore be amended accordingly.(9)Further updates or corrections may still occur following the detection, for the current or previous exercises, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009,HAS ADOPTED THIS REGULATION:
Article 1The fishing quotas fixed for the year 2021 in Regulations (EU) 2020/1579, (EU) 2021/90, (EU) 2021/91, and (EU) 2021/92, 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) 2021/1420 is replaced by the text set out 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, 15 December 2021.For the CommissionThe PresidentUrsula von der LeyenANNEX IDEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2021 TO BE APPLIED ON ALTERNATIVE STOCKS
OVERFISHED STOCKSALTERNATIVE STOCKS
Member StateSpecies codeArea codeSpecies nameArea nameQuantity that cannot be deducted from the 2021 fishing quota for the overfished stock (in kilograms)Member StateSpecies codeArea codeSpecies nameArea nameQuantity to be deducted from the 2021 fishing quota for the alternative stocks (in kilograms)
DKCOD1N2AB.CodNorwegian waters of 1 and 21606DKHER1/2-HerringUnion, Faroese, Norwegian and international waters of 1 and 21606
DKDGS15X14Picked dogfishUnion and international waters of 1, 5, 6, 7, 8, 12 and 144718DKMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 144718
DKPOK1N2AB.SaitheNorwegian waters of 1 and 280933DKHER1/2-HerringUnion, Faroese, Norwegian and international waters of 1 and 280933
ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 233603ESCOD1/2B.Cod1 and 2b33603
ESOTH1N2AB.Other speciesNorwegian waters of 1 and 222078ESCOD1N2AB.CodNorwegian waters of 1 and 222078
EECOD1N2AB.CodNorwegian waters of 1 and 216377EERNG5B67-Roundnose grenadier6 and 7; United Kingdom and international waters of 5b34000
FRGHL1N2AB.Greenland halibutNorwegian waters of 1 and 28988FRREB1N2AB.RedfishNorwegian waters of 1 and 28988
FRNEP08C.Norway lobster8c5342FRPOL08C.Pollack8c5342
FRWHMATLANTWhite marlinAtlantic Ocean2450FRBUMATLANTBlue marlinAtlantic Ocean2450
NLWHB8C3411Blue whiting8c, 9 and 10; Union waters of CECAF 34.1.112235NLWHB1X14Blue whitingUnion and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 1412235
ANNEX IIThe Annex to Implementing Regulation (EU) 2021/1420 is replaced by the following:

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ANNEXDEDUCTIONS 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).Deductions to operate in 2021.Deductions to operate in 2021 that could be actually applied considering the available quota on 7 September 2021.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 1 271 026 kilos due in 2020 on account of overfishing in 2019 has been equally spread over two years (2020 and 2021).
Mem-ber StateSpecies codeArea codeSpecies nameArea nameInitial quota 2020 (in kilo grams)Permitted landings 2020 (Total adapted quantity in kilo grams) Total catches 2020 (quantity in kilo grams)Quota con-sumption related to permitted landingsOverfishing related to permitted landing (quantity in kilograms)Multi-plying factor Addit-ional Multi-plying factor,Out-standing deductions from previous year(s) (quantity in kilo grams)Deductions from fishing quotas for 2021 and subsequent years (quantity in kilo grams)Deductions from 2021 fishing quotas for the overfished stocks (quantity in kilo grams)Deductions from 2021 fishing quotas for alternative stocks (quantity in kilo grams)To be deducted from fishing quotas for 2022 and subsequent year(s) (quantity in kilo grams)
DEHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N394040001899793020355612107,15 %1357682///13576821357682//
DEMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14234160002114644322858079108,09 %1711636///17116361711636//
DKCOD1N2AB.CodNorwegian waters of 1 and 2//1606N/A16061,00//1606/1606/
DKDGS15X14Picked dogfishUnion and international waters of 1, 5, 6, 7, 8, 12 and 14//4718N/A47181,00//4718/4718/
DKHER03A.Herring3a1030900074827317697049102,86 %214318///214318214318//
DKHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N594680007565293381089507107,19 %5436574///54365745436574//
DKMAC2A34.Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32199980001798749318625387103,55 %637894///637894637894//
DKMAC2A4A-NMackerelNorwegian waters of 2a and 4a144530001350787813531201100,17 %23323///2332323323//
DKPOK1N2AB.SaitheNorwegian waters of 1 and 2/7800887331137,60 %809331,00//80933/80933/
DKPRAN1GRN.Northern prawnGreenland waters of NAFO 1140000028000002818891100,67 %18891///1889118891//
DKSAN234_2RSandeelUnion waters of sandeels management area 2r591060005604276357756024103,06 %1713261///17132611713261//
ESCOD1/2B.Cod1 and 2b1168800095766159581250100,05 %4635///46354635//
ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2//22402N/A224021,00A/33603/33603/
ESOTH1N2AB.Other speciesNorwegian waters of 1 and 2//22078N/A220781,00//22078/22078/
ESRJU9-C.Undulate rayUnion waters of 9150001500021072140,48 %60721,00/206781398139//
EECOD1N2AB.CodNorwegian waters of 1 and 2/300000316377105,46 %16377///16377/34000/
FRGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2//8988N/A89881,00//8988/8988/
FRNEP08C.Norway lobster8c005342N/A53421,00//5342/5342/
FRWHMATLANTWhite marlinAtlantic Ocean//1225N/A12251,00C/2450/2450/
IEALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N289101027432602938449107,12%195189/C/195189195189//
LVHER3D-R30HerringUnion waters of Subdivisions 25-27, 28.2, 29 and 32425300061351446138817100,06 %3673/C/36733673//
LVSPR3BCD-CSpratUnion waters of subdivisions 22-32290730002861875328635182100,06 %16429/C/1642916429//
NLHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N517170005089690751002687100,21 %105780///105780105780//
NLWHB8C3411Blue whiting8c, 9 and 10; Union waters of CECAF 34.1.1//12235N/A122351,00//12235/12235/
PLHER1/2-HerringUnion, Faroese, Norwegian and international waters of 1 and 259300012260151329820108,47 %103805///103805103805//
PLMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14164900047242365185187109,76 %460951///460951460951//
PTALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N22739701638457159531597,37 %-43142N/AN/A635513635513635513//
PTALF3X14-AlfonsinosUnion and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14164000155,278158,601102,14 %3323/A/33233323//
PTBETATLANTBigeye tunaAtlantic Ocean305833030583303069582100,37 %11252/C/1125211252//
PTHKE8C3411Hake8c, 9 and 10; Union waters of CECAF 34.1.1261400019961542135737106,99 %139583/C/139583139583//
PTSWOAS05NSwordfishAtlantic Ocean, South of 5° N299030299030309761103,59 %10731///1073110731//