Commission 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

Commission 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 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 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). . (2) Fishing quotas for the year 2020 have been established by: Council Regulation (EU) 2018/2025, Council Regulation (EU) 2019/1838 Council 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) 2019/2236 Council 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). , and Council Regulation (EU) 2020/123 Council 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).

. (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 2019. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2020 and, where relevant, in subsequent years, for the overfished stocks. (6) Commission Implementing Regulation (EU) 2019/1726 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 (OJ L 263, 16.10.2019, p. 3). and Commission Implementing Regulation (EU) 2020/112 Commission Implementing Regulation (EU) 2020/112 of 22 January 2020 operating deductions from fishing quotas available for certain stocks in 2019 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2019/1726 (OJ L 21, 27.1.2020, p. 6). have set out deductions from fishing quotas for certain Member States and species for 2019. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2019 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 2020 and, where appropriate, from subsequent quotas. (7) Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2020 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 one tonne should not be considered, HAS ADOPTED THIS REGULATION:

Article 1

1. The fishing quotas fixed in Regulations (EU) 2018/2025, (EU) 2019/1838, (EU) 2019/2236 and (EU) 2020/123 for the year 2020 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, 2 September 2020. For the Commission The President Ursula von der Leyen

Annex

ANNEX DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2020 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 2018 to 2019 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 2017, 2018 and 2019. 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. Quantities below 1 tonne are not considered. Member StateSpecies codeArea codeSpecies nameArea nameInitial quota 2019 (in kilograms)Permitted landings 2019 (Total adapted quantity in kilograms)Total catches 2019 (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 2020 (quantity in kilograms)DEHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N394040002546090027182070106,76 %1721170///1721170DEMAC2CX14-Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-324410001485902415542581104,60 %683557///683557DKMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14/26884632693920100,20 %5457///5457DKMAC2A34.Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32144800001333074414022305105,19 %691561///691561DKMAC2A4A-NMackerelNorwegian waters of 2a and 4a102420001025210611197228109,22 %945122///945122DKPOK1N2AB.SaitheNorwegian waters of 1 and 2/1700050968299,81 %509681,00//50968ESBETATLANTBigeye tunaAtlantic Ocean941530089411519095090101,72 %153939/C/153939ESCOD1/2B.Cod1 and 2b1156200084558448463118100,09 %7274///7274ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2/200014225711,25 %122251,00A/18338 ESOTH1N2AB.Other speciesNorwegian waters of 1 and 2/3180035695112,25 %38951,00//3895ESPOK1N2AB.SaitheNorwegian waters of 1 and 2/196000198607101,33 %2607///2607ESREDN3LN.RedfishNAFO 3LN/515100517806100,53 %2706///2706ESRJU9-C.Undulate rayUnion waters of 9150001500015511103,41 %511N/AN/A20672067FRBETATLANTBigeye tunaAtlantic Ocean416770041677004687551112,47 %5198511,20C/883747FRRJE7FG.Small-eyed rayUnion waters of 7f and 7g790009039991485101,20 %1086///1086FRRJU7DE.Undulate rayUnion waters of 7d and 7e103000168000177718105,78 %9718///9718FRSWOAS05NSwordfishAtlantic Ocean, South of 5° N//3500N/A3500///3500GBCODN1GL14CodGreenland waters of NAFO 1F and Greenland waters of 5, 12 and 14364000353500353500100 %0//41674167GBHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N555830006232019662607628100,46 %287432///287432GBMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14152115000145768635154072694105,70 %8304059/A/8304059GBRJU7DE.Undulate rayUnion waters of 7d and 7e580006120063133103,16 %1933///1933ELBFTAE45WMBluefin tunaAtlantic Ocean, east of 45° W, and Mediterranean285110304110312690102,82 %8580/C/8580

IEALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N285430031154203213170103,14 %97750/C/97750NLHER4CXB7DHerring4c, 7d except Blackwater stock181620001949730519512481100,08 %15176///15176NLMAC2A34.Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32134200014940002012324134,69 %5183241,40//725654PTALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N199420017942002463161137,28 %6689611,40C/1271026PTALF3X14-AlfonsinosUnion and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14164000149034156756105,18 %7722/A/7722PTBUMATLANTBlue marlinAtlantic Ocean50440707618016254,61 %109401,00A/10940PTRJU9-C.Undulate rayUnion waters of 9150002170524589113,29 %28841,00//2884PTSWOAN05NSwordfishAtlantic Ocean, North of 5° N101039024103902414333100,16 %3943///3943SEMAC2A34.Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32403400029452033075839104,44 %130636///130636