Commission 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

Commission 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 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 1966/2006 OJ L 343, 22.12.2009, p. 1. , and in particular Article 105(1), (2) and (3) thereof, Whereas: (1) Fishing quotas for the year 2017 have been established by: Council Regulation (EU) 2016/1903 Council 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) 2016/2285 Council 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) 2016/2372 Council 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). , and Council Regulation (EU) 2017/127 Council 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) 2017/1970 Council 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) 2017/2360 Council 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). , and Council Regulation (EU) 2018/120 Council 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) 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 2017. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2018 and, where relevant, in subsequent years, for the overfished stocks. (6) In 2016, Spain overfished its quota for albacore in the Atlantic Ocean, North of 5° N (ALB/AN05N). At the request of Spain, the corresponding deduction was equally spread over two years (2017 and 2018). By Commission Implementing Regulation (EU) 2017/2309 Commission Implementing Regulation (EU) 2017/2309 of 13 December 2017 operating deductions from fishing quotas available for certain stocks in 2017 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2017/1345 (OJ L 331, 14.12.2017, p. 23). , the first half of the deduction, namely 1134,677 tonnes, was operated on the 2017 Spanish quota. For 2018, the Spanish initial quota for northern albacore in the Atlantic Ocean, North of 5° N (ALB/AN05N), as fixed by Regulation (EU) 2018/120, already reflected a deduction of 945,560 tonnes. Therefore, a remaining quantity of 189,117 tonnes should be deducted from the Spanish 2018 quota. (7) Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2018 quotas pursuant to Commission Implementing Regulation (EU) No 185/2013 Commission 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). . (8) Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered, HAS ADOPTED THIS REGULATION:

Article 1

1. The fishing quotas fixed in Regulations (EU) 2016/2285, (EU) No 2017/1970, (EU) 2017/2360 and (EU) 2018/120 for the year 2018 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 2

This 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, 12 December 2018. For the Commission The President Jean-Claude Juncker

Annex

ANNEX DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2018 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 (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). 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. 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 con-sumption related to permitted landingsOverfishing related to permitted landing (quantity in kilograms)Multiplying factorAdditional Multiplying factorOutstanding deductions from previous year(s) (quantity in kilograms)Deductions to apply in 2018 (quantity in kilograms)BERJU07D.Undulate rayUnion waters of VIId200020005648282,40 %36481,00//3648BESRX07D.Skates and raysUnion waters of VIId960009135395695104,75 %4342///4342BESRX67AKXDSkates and raysUnion waters of VIa, VIb, VIIa-c and VIIe-k762000907100919333101,35 %12233///12233DKMAC2A34.MackerelIIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32220311752575617992741102,66 %466985///466985DKMAC2A4A-NMackerelNorwegian waters of IIa and IVa160041453809014801414101,81 %263324///263324DKMAC2CX14-MackerelVI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV/53419165342930100,02 %1014///1014 DKNOP04-N.Norway pout and associated by-catchesNorwegian waters of IV0016298N/A162981,00A/24447DKOTH1N2AB.Other speciesNorwegian waters of I and II/09979N/A99791,00//9979DKPOK1N2AB.SaitheNorwegian waters of I and II/09508N/A95081,00//9508ESALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N14981130139614531394030699,85 %– 21147//189117189117ESGHL1N2AB.Greenland halibutNorwegian waters of I and II/1920036090187,97 %168901,00A/25335ESGHLN3LMNOGreenland halibutNAFO 3LMNO406700040610014072229100,28 %11228/C/11228ESPOK1N2AB.SaitheNorwegian waters of I and II/8650088150101,91 %1650///1650ESSWOAS05NSwordfishAtlantic Ocean, South of 5° N471527047152704808206101,97 %92936///92936

FRGHL1N2AB.Greenland halibutNorwegian waters of I and II/06868N/A68681,00//6868FRYFTIOTCYellowfin tunaIOTC Area of Competence295010002965100029960730101,04 %309730///309730IEHKE8ABDE.HakeVIIIa, VIIIb, VIIId and VIIIe/01300N/A13001,00C/1300IEMAC2CX14-MackerelVI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV864260008631953786520982100,23 %201445///201445NLWHG56-14WhitingVI; Union and international waters of Vb; international waters of XII and XIV/018648N/A186481,00//18648PLCOD3BC+24CodSubdivisions 22-24654000915170947501103,53 %32331/C/32331PTALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N241380023328002564017109,91 %231217///231217 PTALF3X14-AlfonsinosUnion and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV182000182626185582101,62 %2956///2956PTANE9/3411AnchovyIX and X; Union waters of CECAF 34.1.1652200089929369141377101,65 %148441///148441PTBUMATLANTBlue marlinAtlantic ocean523205125956271109,78 %5012///5012PTLEZ8C3411MegrimsVIIIc, IX and X; Union waters of CECAF 34.1.136000139400142316102,09 %2916///2916PTSBR09-Red seabreamUnion and international waters of IX370007202775905105,38 %3878///3878PTSRX89-C.Skates and raysUnion waters of VIII and IX115600011328241211808106,97 %78984///78984PTSWOAN05NSwordfishAtlantic Ocean, North of 5° N117083017385321854956106,70 %116424///116424 UKMAC2CX14-MackerelVI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV237677000222116471224288943100,98 %2172472/A/2172472