Commission Implementing Regulation (EU) 2020/2006 of 8 December 2020 operating deductions from fishing quotas available for certain stocks in 2020 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2020/1247

Commission Implementing Regulation (EU) 2020/2006 of 8 December 2020 operating deductions from fishing quotas available for certain stocks in 2020 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2020/1247 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), (3) and (5) thereof, Whereas: (1) Fishing quotas for the year 2019 have been established by Council Regulations (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). , (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). , (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 (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 Regulations (EU) 2018/2025, (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). , (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 (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) Commission Implementing Regulation (EU) 2020/1247 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 (OJ L 288, 3.9.2020, p. 21). has established deductions from fishing quotas available for certain stocks in 2020 on account of overfishing in the previous years. (5) For certain Member States, namely Denmark, Spain and France, certain deductions could not be operated by Implementing Regulation (EU) 2020/1247 from quotas allocated for the overfished stocks because quotas for these stocks are not available for those Member States in the year 2020. (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 1224/2009 Communication 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). (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 as regards certain deductions from quotas allocated for stocks other than those which have been overfished. (8) Moreover, certain deductions provided for by Implementing Regulation (EU) 2020/1247 exceed the adapted quota available in the year 2020 and, as a consequence, cannot be entirely operated in that year. According to the Guidelines, the remaining amounts should be deducted from the adapted quotas available in subsequent years until the full overfished amount is paid back. (9) Furthermore, the Spanish fisheries authorities discovered that the 2019 catch figures used for the calculation of the overfishing for bigeye tuna in the Atlantic Ocean (BET/ATLANT) were incorrect and that its quota was actually exceeded by a lower amount than that taken into account for the deductions established by Implementing Regulation (EU) 2020/1247. The catch figures, quota consumption rate, overfished quantities, and deduction from the 2020 Spanish quota for bigeye tuna in the Atlantic Ocean provided for by Implementing Regulation (EU) 2020/1247 should therefore be adjusted. (10) In 2019, Portugal overfished its quota for albacore in the Atlantic Ocean, North of 5° N (ALB/AN05N). On 14 July 2020, Portugal requested to spread the deduction due over two years. According to point 3(c) of the Guidelines, spreading a deduction over two or more years may be accepted where this is provided for under specific international rules (such as those of regional fisheries management organisations) relating to paybacks for the stock concerned. In view of the information provided by Portugal and considering that paragraph 7 of ICCAT Supplemental Recommendation 16-06, concerning the North Atlantic albacore Multi-annual conservation and management programme

https://www.iccat.int/Documents/Recs/compendiopdf-e/2016-06-e.pdf , establishes that any excess of a Contracting Party’s annual quota/catch limit for the year 2019 shall be deducted from the respective quota/catch limit during or before the adjustment year 2021, an equal spreading over two years of the deduction, including relevant applicable multiplying factors, should be accepted. Deduction from the 2020 quota provided for by Implementing Regulation (EU) 2020/1247 should therefore be adjusted. (11) Further updates or corrections may still occur following the detection, for the current or previous 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. (12) Implementing Regulation (EU) 2020/1247 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION:

Article 1

The fishing quotas fixed for the year 2020 in Regulations (EU) 2018/2025, (EU) 2019/1838, (EU) 2019/2236, and (EU) 2020/123, 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 2

Implementing Regulation (EU) 2020/1247 is amended in accordance with Annex II to this Regulation.

Article 3

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, 8 December 2020. For the Commission The President Ursula von der Leyen

Annex

ANNEX I DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2020 TO BE APPLIED ON ALTERNATIVE STOCKS OVERFISHED STOCKSALTERNATIVE STOCKSMember StateSpecies codeArea codeSpecies nameArea nameQuantity that cannot be deducted from the 2020 fishing quota for the overfished stock (in kilograms)Member StateSpecies codeArea codeSpecies nameArea nameQuantity to be deducted from the 2020 fishing quota for the alternative stocks (in kilograms)DKPOK1N2AB.SaitheNorwegian waters of 1 and 233968DKHER1/2-HerringUnion, Faroese, Norwegian and international waters of 1 and 233968ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 218338ESREB1N2AB.RedfishNorwegian waters of 1 and 218338ESOTH1N2AB.Other speciesNorwegian waters of 1 and 23895ESREB1N2AB.RedfishNorwegian waters of 1 and 23895ESPOK1N2AB.SaitheNorwegian waters of 1 and 22607ESREB1N2AB.RedfishNorwegian waters of 1 and 22607FRSWOAS05NSwordfishAtlantic Ocean, south of 5° N3500FRALBAS05NSouthern albacoreAtlantic Ocean, south of 5° N3500

Annex

ANNEX II The Annex to Implementing Regulation (EU) 2020/1247 is replaced by the following:

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). Deductions to operate in 2020. Deductions to operate in 2020 that could be actually applied considering the available quota on 10 September 2020. Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings. Quantities below 1 tonne are not considered. At Portugal’s request, the deduction of 1 271 026 kilos due in 2020 is equally spread over two years (2020 and 2021). Mem-ber StateSpe-cies codeArea codeSpecies nameArea nameInitial quota 2019 (in kilograms)Permitted landings 2019 (Total adapted quantity in kilograms)Total catches 2019 (quantity in kilograms)Quota con-sumption related to permitted landingsOverfishing related to permitted landing (quantity in kilograms)Multi-plying factorAddi-tional Multi-plying factor,Out-standing deductions from previous year(s)(quantity in kilograms)Deductions from fishing quotas for 2020 and subsequent years (quantity in kilograms)Deductions from 2020 fishing quotas for the overfished stocks(quantity in kilograms)Deductions from 2020 fishing quotas for alternative stocks (quantity in kilograms)To be deducted from fishing quotas for 2021 and subsequent year(s) (quantity in kilograms)DEHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N394040002546090027182070106,76 %1721170///17211701721170//DEMAC2CX14-Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-324410001485902415542581104,60 %683557///683557683557//DKMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14/26884632693920100,20 %5457///54575457// DKMAC2A34.Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32144800001333074414022305105,19 %691561///691561691561//DKMAC2A4A-NMackerelNorwegian waters of 2a and 4a102420001025210611197228109,22 %945122///945122945122//DKPOK1N2AB.SaitheNorwegian waters of 1 and 2/1700050968299,81 %339681,00//33968/33968/ESBETATLANTBigeye tunaAtlantic Ocean941530089411519090055101,67 %148904/C/148904148904//ESCOD1/2B.Cod1 and 2b1156200084558448463118100,09 %7274///72747274//ESGHL1N2AB.Greenland halibutNorwegian waters of 1 and 2/200014225711,25 %122251,00A/18338/18338/ESOTH1N2AB.Other speciesNorwegian waters of 1 and 2/3180035695112,25 %38951,00//3895/3895/ESPOK1N2AB.SaitheNorwegian waters of 1 and 2/196000198607101,33 %2607///2607/2607/ESREDN3LN.RedfishNAFO 3LN/515100517806100,53 %2706///27062706//ESRJU9-C.Undulate rayUnion waters of 9150001500015511103,41 %511N/AN/A206720670/2067FRBETATLANTBigeye tunaAtlantic Ocean416770041677004687551112,47 %5198511,20C/883747883747//

FRRJE7FG.Small-eyed rayUnion waters of 7f and 7g790009039991485101,20 %1086///10861086//FRRJU7DE.Undulate rayUnion waters of 7d and 7e103000168000177718105,78 %9718///97189718//FRSWOAS05NSwordfishAtlantic Ocean, South of 5° N//3500N/A3500///3500/3500/GBCODN1GL14CodGreenland waters of NAFO 1F and Greenland waters of 5, 12 and 14364000353500353500100 %0//416741674167//GBHER4AB.HerringUnion and Norwegian waters of 4 north of 53° 30′ N555830006232019662607628100,46 %287432///287432287432//GBMAC2CX14-Mackerel6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14152115000145768635154072694105,70 %8304059/A/83040598304059//GBRJU7DE.Undulate rayUnion waters of 7d and 7e580006120063133103,16 %1933///19331933//ELBFTAE45WMBluefin tunaAtlantic Ocean, east of 45° W, and Mediterranean285110304110312690102,82 %8580/C/85808580// IEALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N285430031154203213170103,14 %97750/C/9775097750//NLHER4CXB7DHerring4c, 7d except Blackwater stock181620001949730519512481100,08 %15176///1517615176//NLMAC2A34.Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32134200014940002012324134,69 %5183241,40//725654725654//PTALBAN05NNorthern albacoreAtlantic Ocean, north of 5° N199420017942002463161137,28 %6689611,40C/1271026635 513/635 513PTALF3X14-AlfonsinosUnion and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14164000149034156756105,18 %7722/A/77227722//PTBUMATLANTBlue marlinAtlantic Ocean50440707618016254,61 %109401,00A/1641016410//PTRJU9-C.Undulate rayUnion waters of 9150002170524589113,29 %28841,00//28842884//PTSWOAN05NSwordfishAtlantic Ocean, North of 5° N101039024103902414333100,16 %3943///39433943//SEMAC2A34.Mackerel3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32403400029452033075839104,44 %130636///130636130636//