Commission Implementing Regulation (EU) 2024/2407 of 13 September 2024 on operating deductions from fishing quotas available for certain stocks in 2024 on account of overfishing in the previous years
Commission Implementing Regulation (EU) 2024/2407of 13 September 2024on operating deductions from fishing quotas available for certain stocks in 2024 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, ELI: http://data.europa.eu/eli/reg/2009/1224/oj., and in particular Article 105(1), (2) and (3) thereof,Whereas:(1)Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090Council Regulation (EU) 2022/2090 of 27 October 2022 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2023 and amending Regulation (EU) 2022/109 as regards certain fishing opportunities in other waters (OJ L 281, 31.10.2022, p. 1, http://data.europa.eu/eli/reg/2022/2090/oj)., (EU) 2023/194Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/194/oj). and (EU) 2023/195Council Regulation (EU) 2023/195 of 30 January 2023 fixing for 2023 the fishing opportunities for certain stocks and groups of fish stocks applicable in the Mediterranean and Black Seas and amending Regulation (EU) 2022/110 as regards the fishing opportunities for 2022 applicable in the Mediterranean and the Black Seas (OJ L 28, 31.1.2023, p. 220, ELI: http://data.europa.eu/eli/reg/2023/195/oj)..(2)Fishing quotas for the year 2024 have been established by Council Regulations (EU) 2023/194, (EU) No 2023/2638Council Regulation (EU) 2023/2638 of 20 November 2023 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2024 and amending Regulation (EU) 2023/194 as regards certain fishing opportunities in other waters (OJ L, 2023/2638, 22.11.2023, ELI: http://data.europa.eu/eli/reg/2023/2638/oj)., (EU) 2024/257Council Regulation (EU) 2024/257 of 10 January 2024 fixing for 2024, 2025 and 2026 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2023/194 (OJ L, 2024/257, 11.1.2024, ELI: http://data.europa.eu/eli/reg/2024/257/oj). and (EU) 2024/259Council Regulation (EU) 2024/259 of 10 January 2024 fixing for 2024 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L, 2024/259, 11.1.2024, ELI: http://data.europa.eu/eli/reg/2024/259/oj)..(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 are 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 2023. Deductions should therefore be operated on the fishing quotas allocated to them in 2024 and, where relevant, in subsequent years, for the overfished stocks.(6)Commission Implementing Regulations (EU) 2023/1661Commission Implementing Regulation (EU) 2023/1661 of 24 August 2023 operating deductions from fishing quotas available for certain stocks in 2023 on account of overfishing in the previous years (OJ L 210, 25.8.2023, p. 23, ELI: http://data.europa.eu/eli/reg_impl/2023/1661/oj). and (EU) 2023/2480Commission Implementing Regulation (EU) 2023/2480 of 10 November 2023 operating deductions from fishing quotas available for certain stocks in 2023 in accordance with Council Regulation (EC) No 1224/2009 on account of overfishing of other stocks in the previous years and amending Commission Implementing Regulation (EU) 2023/1661 (OJ L, 2023/2480, 13.11.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2480/oj). have set out deductions from fishing quotas for certain Member States and species for 2023. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2023 and could therefore not be operated entirely in that year. Pursuant to point 2 of Communication from the Commission on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009Communication from the Commission on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009, and replacing Communication 2012/C 72/07 (2022/C 369/03) (OJ C 369, 27.9.2022, p. 3). ("the Guidelines") and 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 2024 and, where appropriate, from subsequent quotas.(7)Point 1 of the Guidelines states that, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations is to be adapted to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunasRecommendation 21-01 by ICCAT replacing Recommendation 19-02 replacing Recommendation 16-01 on a multi-annual conservation and management programme for tropical tunas. (https://www.iccat.int/Documents/Recs/compendiopdf-e/2022-01-e.pdf). as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfishRecommendation 22-03 by ICCAT replacing supplemental recommendation 21-02 extending and amending Recommendation 17-02 for the conservation of North Atlantic swordfish. (https://www.iccat.int/Documents/Recs/compendiopdf-e/2022-03-e.pdf). provide that any excess of the annual adjusted quota in the year 2022 is to be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should be applied in 2024. Consequently, the deductions established by Implementing Regulation (EU) 2023/1661 on account of overfishing in 2022, by Portugal, of its quotas for BET/ATLANT and SWO/AN05N should be operated on its respective quotas for 2024. The provision set by Recommendation 22-03 is also applicable to overage of annual catch limits for SWO/AN05N in 2023 which is to be deducted from the annual catch limits for 2025.(8)Similarly, Recommendation 19-05 by ICCAT establishing a rebuilding programme for blue marlinRecommendation 19-05 by ICCAT to establish rebuilding programmes for blue marlin and white marlin/roundscale spearfish (https://www.iccat.int/Documents/Recs/compendiopdf-e/2019-05-e.pdf). provides that any excess of the annual landings limits fixed for the year 2023 are to be deducted from the landings limits during 2025. Therefore, deductions on account of overfishing in 2023 for the stock of blue marlin in the Atlantic Ocean (BUM/ATLANT) should be applied only in 2025.(9)Based on the data transmitted by France, it appears that the 2023 shared quota amounting to 129,840 tonnes and allocated to "Other Member States" – among which France – exclusively for the by-catches of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N_AMS) as established by Regulation (EU) 2023/194 has been exceeded. Considering that France reported catches amounting to 161,053 tonnes under this "Other Member States" quota, a deduction on account of this overfishing should be operated on the French quota. This deduction should be applied only in 2025 in accordance with ICCAT Recommendation 22-03.(10)Further updates or corrections may still occur following the detection, for the current or previous deduction 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)Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,HAS ADOPTED THIS REGULATION:
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