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

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 (1), and in particular Article 105(1), (2), (3) and (5) thereof,

Whereas:

(1) Fishing quotas for the year 2017 have been established by:

— Council Regulation (EU) 2016/1903 (2),

— Council Regulation (EU) 2016/2285 (3),

— Council Regulation (EU) 2016/2372 (4), and

— Council Regulation (EU) 2017/127 (5).

(2) Fishing quotas for the year 2018 have been established by:

— Council Regulation (EU) 2016/2285,

— Council Regulation (EU) 2017/1970 (6),

— Council Regulation (EU) 2017/2360 (7), and

— Council Regulation (EU) 2018/120 (8).

(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) 2018/1969 (9) has established deductions from fishing quotas for certain stocks in 2018 on account of overfishing in the previous years.

(5) However, for certain Member States no deductions could be operated by Implementing Regulation (EU) 2018/1969 from quotas allocated for the overfished stocks because such quotas are not available for those Member States in the year 2018.

(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, deductions may be operated on other stocks in the same geographical area or with the same commercial value. 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 (10) such deductions should be preferably operated from quotas allocated for stocks fished by the same fleet as the fleet that overfished the quota, taking into account the need to avoid discards in mixed fisheries.

(7) The Member States concerned have been consulted with regard to the proposed deductions from quotas allocated for stocks other than those which have been overfished.

(8) In certain cases, exchanges of fishing opportunities concluded in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (11) enable deductions from the same stocks in the framework of Implementing Regulation (EU) 2018/1969.

(9) On 17 October 2018, Spain informed the Commission that the catches in 2017 of swordfish in the Atlantic Ocean, South of 5° N (SWO/AS05N) had been erroneously reported. Following corrections submitted on 3 December 2018 by Spain in the aggregated catch data reporting system, it appears that the catch uptake for swordfish in the Atlantic Ocean, South of 5° N remains below the allocated quota for 2017. Therefore, the corresponding deductions should be deleted from the Annex to Implementing Regulation (EU) 2018/1969.

(10) On 23 November 2018, Spain requested to update its catch declarations regarding yellowfin tuna in IOTC area of competence (YFT/IOTC). On the basis of the last updated data transmitted by Spain on 13 December 2018, it appears that the Spanish 2017 quota was exceeded for yellowfin tuna in IOTC area of competence (YFT/IOTC). The corresponding deduction should consequently be added to the Annex to Implementing Regulation (EU) 2018/1969.

(11) Moreover, certain deductions required by Implementing Regulation (EU) 2018/1969 appear to be larger than the adapted quota available in the year 2018 and, as a consequence, cannot be entirely operated in that year. According to Communication 2012/C 72/07, the remaining amounts should be deducted from the adapted quotas available in subsequent years until the full overfished amount is paid back.

(12) Implementing Regulation (EU) 2018/1969 should therefore be amended accordingly.

(13) This Regulation should apply retroactively from the day on which Implementing Regulation (EU) 2018/1969 establishing the deductions from fishing quotas for the same stocks in 2018 entered into force,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing quotas fixed in Regulations (EU) 2016/2285, (EU) 2017/1970, (EU) 2017/2360 and (EU) 2018/120 for the year 2018 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

The Annex to Implementing Regulation (EU) 2018/1969 is replaced by the text in 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

It shall apply from 20 December 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 March 2019.

For the Commission

The President

Jean-Claude JUNCKER

(1)

OJ L 343, 22.12.2009, p. 1

(2) 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

(3) 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

(4) 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

(5) 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

(6) 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

(7) 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

(8) 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

(9) 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

(10) 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

(11) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (

OJ L 354, 28.12.2013, p. 22

ANNEX I

DEDUCTIONS FROM 2018 FISHING QUOTAS FOR ALTERNATIVE STOCKS

OVERFISHED STOCK

ALTERNATIVE STOCK

Member State

Species code

Area code

Species name

Area name

Quantity that cannot be deducted from the 2018 fishing quota for the overfished stock (in kilograms)

Member State

Species code

Area code

Species name

Area name

Quantity to be deducted from the 2018 fishing quota for the alternative stock (in kilograms)

NOP

04-N.

Norway pout

Norwegian waters of IV

24 447

NOP

2A3A4.

Norway pout

3a; Union waters of 2a and 4

24 447

OTH

1N2AB.

Other species

Norwegian waters of I and II

9 979

HER

1/2-

Herring

Union, Faroese, Norwegian and international waters of 1 and 2

9 979

POK

1N2AB.

Saithe

Norwegian waters of I and II

9 508

HER

1/2-

Herring

Union, Faroese, Norwegian and international waters of 1 and 2

9 508

GHL

1N2AB.

Greenland halibut

Norwegian waters of I and II

25 335

RED

1N2AB.

Redfish

Norwegian waters of 1 and 2

25 335

POK

1N2AB.

Saithe

Norwegian waters of I and II

1 650

RED

1N2AB.

Redfish

Norwegian waters of 1 and 2

1 650

GHL

1N2AB.

Greenland halibut

Norwegian waters of I and II

6 868

RED

1N2AB.

Redfish

Norwegian waters of 1 and 2

6 868

HKE

8ABDE.

Hake

VIIIa, VIIIb, VIIId and VIIIe

1 300

HKE

571214

Hake

6 and 7; Union and international waters of 5b; international waters of 12 and 14

1 300

WHG

56-14

Whiting

VI; Union and international waters of Vb; international waters of XII and XIV

18 648

WHG

2AC4.

Whiting

4; Union waters of 2a

18 648

ANNEX II

‘ANNEX

DEDUCTIONS FROM 2018 FISHING QUOTAS

Member State

Species code

Area code

Species name

Area name

Initial quota 2017 (in kilograms)

Permitted landings 2017 (Total adapted quantity in kilograms)(1)

Total catches 2017 (quantity in kilograms)

Quota consumption related to permitted landings

Overfishing related to permitted landing (quantity in kilograms)

Multiplying factor(2)

Additional Multiplying factor(3) (4)

Outstanding deductions from previous year(s)(5) (quantity in kilograms)

Deductions from fishing quotas for 2018(6) and subsequent years (quantity in kilograms)

Deductions from 2018 fishing quotas for the overfished stocks(7) (quantity in kilograms)

Deductions from 2018 fishing quotas for alternative stocks in accordance with Annex I to Implementing Regulation (EU) 2019/479(8) (quantity in kilograms)

To be deducted from fishing quotas for 2019 and subsequent year(s) (quantity in kilograms)

RJU

07D.

Undulate ray

Union waters of VIId

2 000

5 648

282,40 %

3 648

1,00

3 648

1 031

2 617

SRX

07D.

Skates and rays

Union waters of VIId

96 000

91 353

95 695

104,75 %

4 342

SRX

67AKXD

Skates and rays

Union waters of VIa, VIb, VIIa-c and VIIe-k

762 000

907 100

919 333

101,35 %

12 233

MAC

2A34.

Mackerel

IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32

22 031

17 525 756

17 992 741

102,66 %

466 985

MAC

2A4A-N

Mackerel

Norwegian waters of IIa and IVa

16 004

14 538 090

14 801 414

101,81 %

263 324

MAC

2CX14-

Mackerel

VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV

5 341 916

5 342 930

100,02 %

1 014

1 014 (12)

NOP

04-N.

Norway pout and associated by-catches

Norwegian waters of IV

16 298

N/A

16 298

1,00

24 447

OTH

1N2AB.

Other species

Norwegian waters of I and II

9 979

N/A

9 979

1,00

9 979

POK

1N2AB.

Saithe

Norwegian waters of I and II

9 508

N/A

9 508

1,00

9 508

ALB

AN05N

Northern albacore

Atlantic Ocean, north of 5° N

14 981 130

13 961 453

13 940 306

99,85 %

– 21 147 (10)

189 117 (11)

189 117

GHL

1N2AB.

Greenland halibut

Norwegian waters of I and II

19 200

36 090

187,97 %

16 890

1,00

25 335

GHL

N3LMNO

Greenland halibut

NAFO 3LMNO

4 067 000

4 061 001

4 072 229

100,28 %

11 228

C(9)

11 228

POK

1N2AB.

Saithe

Norwegian waters of I and II

86 500

88 150

101,91 %

1 650

YFT

IOTC

Yellowfin tuna

IOTC Area of Competence

45 682 000

48 147 520

105,40 %

2 465 520

327 060

2 138 460

GHL

1N2AB.

Greenland halibut

Norwegian waters of I and II

6 868

N/A

6 868

1,00

6 868

YFT

IOTC

Yellowfin tuna

IOTC Area of Competence

29 501 000

29 651 000

29 960 730

101,04 %

309 730

HKE

8ABDE.

Hake

VIIIa, VIIIb, VIIId and VIIIe

1 300

N/A

1 300

1,00

C(9)

1 300

MAC

2CX14-

Mackerel

VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV

86 426 000

86 319 537

86 520 982

100,23 %

201 445

WHG

56-14

Whiting

VI; Union and international waters of Vb; international waters of XII and XIV

18 648

N/A

18 648

1,00

18 648

COD

3BC+24

Cod

Subdivisions 22-24

654 000

915 170

947 501

103,53 %

32 331

C(9)

32 331

ALB

AN05N

Northern albacore

Atlantic Ocean, north of 5° N

2 413 800

2 332 800

2 564 017

109,91 %

231 217

ALF

3X14-

Alfonsinos

Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV

182 000

182 626

185 582

101,62 %

2 956

ANE

9/3411

Anchovy

IX and X; Union waters of CECAF 34.1.1

6 522 000

8 992 936

9 141 377

101,65 %

148 441

BUM

ATLANT

Blue marlin

Atlantic ocean

52 320

51 259

56 271

109,78 %

5 012

LEZ

8C3411

Megrims

VIIIc, IX and X; Union waters of CECAF 34.1.1

36 000

139 400

142 316

102,09 %

2 916

SBR

09-

Red seabream

Union and international waters of IX

37 000

72 027

75 905

105,38 %

3 878

SRX

89-C.

Skates and rays

Union waters of VIII and IX

1 156 000

1 132 824

1 211 808

106,97 %

78 984

SWO

AN05N

Swordfish

Atlantic Ocean, North of 5° N

1 170 830

1 738 532

1 854 956

106,70 %

116 424

MAC

2CX14-

Mackerel

VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV

237 677 000

222 116 471

224 288 943

100,98 %

2 172 472

A(9)

2 172 472

’

(1) 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.

(2) 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.

(3) As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.

(4) 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.

(5) Remaining quantities from previous year(s).

(6) Deductions to operate in 2018.

(7) Deductions to operate in 2018 that could be actually applied considering the available quota on 20 December 2018.

(8) 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

(9) Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.

(10) 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.

(11) At Spain's request, the deduction of 2 269 354 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 945 560 kilos, the remaining quantity to deduct amounts to 189 117 kilos.

(12) Despite not having initial quota for this overfished stock, Denmark concluded exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 enabling deductions from the same stock.