Commission 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

Commission 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 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 2018 have been established by: 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) 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). . (2) Fishing quotas for the year 2019 have been established by: Council Regulation (EU) 2018/1628 Council 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) 2018/2025 Council 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) 2018/2058 Council 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). , and Council Regulation (EU) 2019/124 Council 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) 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 2018. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2019 and, where relevant, in subsequent years, for the overfished stocks. (6) Commission Implementing Regulation (EU) 2018/1969 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 (OJ L 316, 13.12.2018, p. 12). and Commission Implementing Regulation (EU) 2019/479 Commission Implementing Regulation (EU) 2019/479 of 22 March 2019 operating deductions from fishing quotas available for certain stocks in 2018 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2018/1969 (OJ L 82, 25.3.2019, p. 6). have provided for deductions from fishing quotas for certain countries and species for 2018. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2018 and could therefore not be operated entirely in that year. To ensure that in such cases the full amount for the respective stocks be deducted, the remaining quantities should be taken into account when establishing deductions for 2019 and, where appropriate, from subsequent quotas. (7) Following changes in the stock area definitions set up in Regulation (EU) 2019/124, the remaining deduction applicable to Belgium due to overfishing of undulate ray in Union waters of 7d (RJU/07D.) in the year 2017 should be applied to the 2019 quota for undulate ray in Union waters of 7d and 7e (RJU/7DE.). (8) Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2019 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). . (9) Since quotas are expressed in tonnes, overfishing involving quantities of less than one tonne should not be considered, HAS ADOPTED THIS REGULATION:

Article 1

1. The fishing quotas fixed in Regulations (EU) 2018/1628, (EU) 2018/2025, (EU) 2018/2058, and (EU) 2019/124 for the year 2019 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, 15 October 2019. For the Commission The President Jean-Claude Juncker

Annex

ANNEX DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2019 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 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). 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. 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 to apply in 2019 (quantity in kilograms)BERJE7FG.Small-eyed rayUnion waters of 7f and 7g140001540019888129,14 %44881,00//4488BERJU07D.Undulate rayUnion waters of 7d20009691394143,86 %425N/AN/A26172617DECOD3BC+24CodSubdivisions 22-24119400013494001393360103,26 %43960/C/43960DKCOD3BC+24CodSubdivisions 22-24244400025942702617780100,91 %23510/C/23510ESBETATLANTBigeye tunaAtlantic Ocean979192092819209756069105,11 %474149/C/474149ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2/027736N/A277361,00A/41604ESGHLN3LMNOGreenland halibutNAFO 3LMNO453400044967724508020100,25 %11248/A+C/11248ESNEP07U16Norway lobsterFunctional Unit 16 of ICES Subarea 7825000155000158375102,18 %3375///3375ESRJU9-C.Undulate rayUnion waters of 9150001500017067113,78 %20671,00//2067ESYFTIOTCYellowfin tunaIOTC Area of Competence45682000453549404496437399,14 %–390567N/AN/A21384602138460EECODN3M.CodNAFO 3M124000916170953232104,05 %37062///37062

FRGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2/018084N/A180841,00//18084IEHER07A/MMHerring7a182600018503111979666106,99 %129355///129355IEMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14691410006654105566965925100,64 %424870///424870NLPOK2C3A4Saithe3a and 4; Union waters of 2a110000210994265115125,65 %541211,00//54121NLWHG56-14Whiting6; Union and international waters of 5b; international waters of 12 and 14/04492N/A44921,00//4492PLCOD3BC+24CodSubdivisions 22-24654000786200858164109,15 %71964/C32331104295PTALF3X14-AlfonsinosUnion and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV182000179044184010102,77 %4966///4966 PTBETATLANTBigeye tunaAtlantic Ocean371747041524704405184106,09 %252714/C/252714PTBFTAE45WMBluefin tunaAtlantic Ocean, east of 45° W, and Mediterranean470190437190450343103,01 %13153/C/13153PTBUMATLANTBlue marlinAtlantic Ocean504404542874337163,64 %289091,00A/43364PTRJU9-C.Undulate rayUnion waters of 9150003300036295109,98 %3295///3295UKCODN1GL14CodGreenland waters of NAFO 1F and Greenland waters of 5, 12 and 14382000497520512187102,95 %14667///14667UKGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2250002200024434111,06 %24341,00//2434UKHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N793810008469479584739599100,05 %44804///44804UKMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14190143000186253028189644893101,82 %3391865/A/3391865 UKPOK1N2AB.SaitheNorwegian waters of 1 and 2182000459700463509100,83 %3809///3809UKRHG5B67-Roughhead grenadierUnion and international waters of Vb, VI and VII151015107588502,52 %60781,00//6078UKWHG56-14Whiting6; Union and international waters of 5b; international waters of 12 and 14122000124060139470112,42 %154101,00//15410