# Official Journal L 186/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 186 |
| | |
| English edition | Legislation | Volume 6019 July 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 186

English edition

Legislation

Volume 6019 July 2017

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2017/1343 of 18 July 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff | 1 |
| | * | Commission Implementing Regulation (EU) 2017/1344 of 18 July 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff | 3 |
| | * | Commission Implementing Regulation (EU) 2017/1345 of 18 July 2017 operating deductions from fishing quotas available for certain stocks in 2017 on account of overfishing in the previous years | 6 |
| | | DECISIONS |
| | * | Council Decision (EU) 2017/1346 of 17 July 2017 on the position to be adopted, on behalf of the European Union, at the sixth session of the Meeting of the Parties to the Aarhus Convention as regards compliance case ACCC/C/2008/32 | 15 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2017/1343 of 18 July 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

1

*

Commission Implementing Regulation (EU) 2017/1344 of 18 July 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

3

*

Commission Implementing Regulation (EU) 2017/1345 of 18 July 2017 operating deductions from fishing quotas available for certain stocks in 2017 on account of overfishing in the previous years

6

DECISIONS

*

Council Decision (EU) 2017/1346 of 17 July 2017 on the position to be adopted, on behalf of the European Union, at the sixth session of the Meeting of the Parties to the Aarhus Convention as regards compliance case ACCC/C/2008/32

15

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Implementing Decision (CFSP) 2017/975 of 8 June 2017 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea ( OJ L 146, 9.6.2017 ) | 17 |

Corrigenda

*

Corrigendum to Council Implementing Decision (CFSP) 2017/975 of 8 June 2017 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea ( OJ L 146, 9.6.2017 )

( OJ L 146, 9.6.2017 )

17

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 19.7.2017 | EN | Official Journal of the European Union | L 186/1 |
| --- | --- | --- | --- |

19.7.2017

EN

Official Journal of the European Union

L 186/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2017/1343

of 18 July 2017

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(e) thereof,

Whereas:

| (1) | Regulation (EEC) No 2658/87 established a nomenclature of goods (hereinafter referred to as the ‘Combined Nomenclature’ or the ‘CN’), which is set out in Annex I to that Regulation. |
| --- | --- |

(1)

Regulation (EEC) No 2658/87 established a nomenclature of goods (hereinafter referred to as the ‘Combined Nomenclature’ or the ‘CN’), which is set out in Annex I to that Regulation.

| (2) | In the interest of legal certainty, it is necessary to clarify the classification of capsules, tablets, pastilles and pills produced from flour, groats, meal, starch or malt extract of heading 1901 or from goods of headings 0401 to 0404 intended for use as food supplements. |
| --- | --- |

(2)

In the interest of legal certainty, it is necessary to clarify the classification of capsules, tablets, pastilles and pills produced from flour, groats, meal, starch or malt extract of heading 1901 or from goods of headings 0401 to 0404 intended for use as food supplements.

| (3) | In accordance with the judgment of the Court of Justice of the European Union in Joined Cases C-410/08 to C-412/08 (2), edible food preparations intended for use as food supplements, composed principally of vegetable or animal oil with an addition of vitamins and presented in measured dosages (capsules) are to be classified under heading 2106 (‘Food preparations not elsewhere specified or included’). |
| --- | --- |

(3)

In accordance with the judgment of the Court of Justice of the European Union in Joined Cases C-410/08 to C-412/08 (2), edible food preparations intended for use as food supplements, composed principally of vegetable or animal oil with an addition of vitamins and presented in measured dosages (capsules) are to be classified under heading 2106 (‘Food preparations not elsewhere specified or included’).

| (4) | In that judgment, the Court of Justice explained that, in the case of the goods concerned, the form of presentation (i.e. in a casing) is a decisive factor which reveals their function as a food supplement, since it determines the dosage of the edible preparations, the way in which they are absorbed and the place where they are supposed to become active. Consequently, both factors (the casing together with the content of a food supplement) determine the use and character of the respective goods. |
| --- | --- |

(4)

In that judgment, the Court of Justice explained that, in the case of the goods concerned, the form of presentation (i.e. in a casing) is a decisive factor which reveals their function as a food supplement, since it determines the dosage of the edible preparations, the way in which they are absorbed and the place where they are supposed to become active. Consequently, both factors (the casing together with the content of a food supplement) determine the use and character of the respective goods.

| (5) | The Explanatory Notes to the Harmonised System concerning heading 2106 state that this heading includes preparations, often referred to as ‘food supplements’, and containing added vitamins and sometimes minute quantities of iron compounds which are put up in packagings with indications that they maintain general health or well-being. |
| --- | --- |

(5)

The Explanatory Notes to the Harmonised System concerning heading 2106 state that this heading includes preparations, often referred to as ‘food supplements’, and containing added vitamins and sometimes minute quantities of iron compounds which are put up in packagings with indications that they maintain general health or well-being.

| (6) | Food supplements made of flour, groats, meal, starch or malt extract of heading 1901 or made from goods of headings 0401 to 0404, which are presented in measured doses, such as capsules, tablets, pastilles and pills, are not covered by heading 1901, because the specific form of presentation is indicative of their function as a food supplement. Food supplements are a very specific kind of food preparation only mentioned in the Explanatory Notes of the Harmonised System to heading 2106 and in general presented in measured doses. Consequently, food preparations intended for use as food supplements, presented in measured doses and made from flour, groats, meal, starch or malt extract of heading 1901 or from goods of headings 0401 to 0404 cannot fulfil the requirements of heading 1901 and should be classified under heading 2106. |
| --- | --- |

(6)

Food supplements made of flour, groats, meal, starch or malt extract of heading 1901 or made from goods of headings 0401 to 0404, which are presented in measured doses, such as capsules, tablets, pastilles and pills, are not covered by heading 1901, because the specific form of presentation is indicative of their function as a food supplement. Food supplements are a very specific kind of food preparation only mentioned in the Explanatory Notes of the Harmonised System to heading 2106 and in general presented in measured doses. Consequently, food preparations intended for use as food supplements, presented in measured doses and made from flour, groats, meal, starch or malt extract of heading 1901 or from goods of headings 0401 to 0404 cannot fulfil the requirements of heading 1901 and should be classified under heading 2106.

| (7) | For reasons of legal certainty, the provisions of the Combined Nomenclature should reflect the jurisprudence mentioned above. This has been partially achieved with the introduction of additional note 5 to Chapter 21 by Commission Implementing Regulation (EU) No 698/2013 (3). For the sake of consistency and uniformity with that previous measure, a corresponding additional note should also be introduced to Chapter 19. |
| --- | --- |

(7)

For reasons of legal certainty, the provisions of the Combined Nomenclature should reflect the jurisprudence mentioned above. This has been partially achieved with the introduction of additional note 5 to Chapter 21 by Commission Implementing Regulation (EU) No 698/2013 (3). For the sake of consistency and uniformity with that previous measure, a corresponding additional note should also be introduced to Chapter 19.

| (8) | A new additional note should therefore be added to Chapter 19 of Part Two of the Combined Nomenclature to ensure its uniform interpretation throughout the Union. |
| --- | --- |

(8)

A new additional note should therefore be added to Chapter 19 of Part Two of the Combined Nomenclature to ensure its uniform interpretation throughout the Union.

| (9) | Regulation (EEC) No 2658/87 should therefore be amended accordingly. |
| --- | --- |

(9)

Regulation (EEC) No 2658/87 should therefore be amended accordingly.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

In Chapter 19 of Part Two of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87, the following additional note 4 is added:

| ‘4. | Food preparations of flour, groats, meal, starch or malt extract of heading 1901 as well as those of goods of headings 0401 to 0404 presented in measured doses, such as capsules, tablets, pastilles and pills intended for use as food supplements, are excluded from classification under heading 1901. The essential character of a food supplement is not only given by its ingredients, but also by its specific form of presentation revealing its function as a food supplement, since it determines the dosage, the way in which it is absorbed and the place where it is supposed to become active. Such food preparations are to be classified under heading 2106 insofar as they are not specified or included elsewhere.’. |
| --- | --- |

‘4.

Article 2

This Regulation shall enter into force on the twentieth 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, 18 July 2017.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 256, 7.9.1987, p. 1.

1

(2)  Judgment of 17 December 2009, Swiss Caps AG, C-410/08 to C-412/08, ECLI:EU:C:2009:794.

2

(3)  Commission Implementing Regulation (EU) No 698/2013 of 19 July 2013 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 198, 23.7.2013, p. 35).

3

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| 19.7.2017 | EN | Official Journal of the European Union | L 186/3 |
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19.7.2017

EN

Official Journal of the European Union

L 186/3

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COMMISSION IMPLEMENTING REGULATION (EU) 2017/1344

of 18 July 2017

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(e) thereof,

Whereas:

| (1) | Regulation (EEC) No 2658/87 established a nomenclature of goods (hereinafter referred to as the ‘Combined Nomenclature’ or the ‘CN’), which is set out in Annex I to that Regulation. |
| --- | --- |

(1)

Regulation (EEC) No 2658/87 established a nomenclature of goods (hereinafter referred to as the ‘Combined Nomenclature’ or the ‘CN’), which is set out in Annex I to that Regulation.

| (2) | The current wording of Additional notes 4 and 5 to Chapter 17 as well as Additional notes 3 and 4 to Chapter 21 of the Combined Nomenclature refers to Article 42 of Commission Regulation (EC) No 951/2006 (2) setting out the methods for the calculation of the sucrose content of raw sugar and certain syrups. |
| --- | --- |

(2)

The current wording of Additional notes 4 and 5 to Chapter 17 as well as Additional notes 3 and 4 to Chapter 21 of the Combined Nomenclature refers to Article 42 of Commission Regulation (EC) No 951/2006 (2) setting out the methods for the calculation of the sucrose content of raw sugar and certain syrups.

| (3) | Paragraphs 2, 3 and 4 of Article 42 of Regulation (EC) No 951/2006 will be deleted with effect from 1 October 2017 due to the amendment of the sugar production quota system, following changes in the agricultural policy. Consequently, the references to Article 42 of Regulation (EC) No 951/2006 in the Additional notes 4 and 5 to Chapter 17 as well as Additional notes 3 and 4 to Chapter 21 will become defunct. |
| --- | --- |

(3)

Paragraphs 2, 3 and 4 of Article 42 of Regulation (EC) No 951/2006 will be deleted with effect from 1 October 2017 due to the amendment of the sugar production quota system, following changes in the agricultural policy. Consequently, the references to Article 42 of Regulation (EC) No 951/2006 in the Additional notes 4 and 5 to Chapter 17 as well as Additional notes 3 and 4 to Chapter 21 will become defunct.

| (4) | In the interest of legal certainty and in order to avoid the creation of a legal void, it is necessary to amend those Additional notes and to integrate the applicable analytical methods directly into those notes. |
| --- | --- |

(4)

In the interest of legal certainty and in order to avoid the creation of a legal void, it is necessary to amend those Additional notes and to integrate the applicable analytical methods directly into those notes.

| (5) | In light of improvements in the analytical methods for the determination of sugar content, the analytical method currently used for the purposes of calculating the sugar content of certain products falling under Chapter 17, which may be influenced by the sample matrix or interfering compounds, should be replaced by the high performance liquid chromatography method (the ‘HPLC method’). |
| --- | --- |

(5)

In light of improvements in the analytical methods for the determination of sugar content, the analytical method currently used for the purposes of calculating the sugar content of certain products falling under Chapter 17, which may be influenced by the sample matrix or interfering compounds, should be replaced by the high performance liquid chromatography method (the ‘HPLC method’).

| (6) | However, for a number of other products falling under Chapter 17, as well as products falling under Chapter 21, where the sugar content is not solely based on sucrose, fructose, glucose and maltose due to the presence of other sugars, the HPLC method cannot be applied. For those products, the sucrose content, including other sugars expressed as sucrose, should be determined by the refractometry method in accordance with the Annex to Commission Implementing Regulation (EU) No 974/2014 (3). |
| --- | --- |

(6)

However, for a number of other products falling under Chapter 17, as well as products falling under Chapter 21, where the sugar content is not solely based on sucrose, fructose, glucose and maltose due to the presence of other sugars, the HPLC method cannot be applied. For those products, the sucrose content, including other sugars expressed as sucrose, should be determined by the refractometry method in accordance with the Annex to Commission Implementing Regulation (EU) No 974/2014 (3).

| (7) | In order to ensure the uniform interpretation of the Combined Nomenclature throughout the Union with regard to determining the sugar content of certain products, Additional notes 4 and 5 to Chapter 17, as well as Additional notes 3 and 4 to Chapter 21 of Part Two of the Combined Nomenclature should be amended. |
| --- | --- |

(7)

In order to ensure the uniform interpretation of the Combined Nomenclature throughout the Union with regard to determining the sugar content of certain products, Additional notes 4 and 5 to Chapter 17, as well as Additional notes 3 and 4 to Chapter 21 of Part Two of the Combined Nomenclature should be amended.

| (8) | Regulation (EEC) No 2658/87 should therefore be amended accordingly. |
| --- | --- |

(8)

Regulation (EEC) No 2658/87 should therefore be amended accordingly.

| (9) | Paragraphs 2, 3 and 4 of Article 42 of Regulation (EC) No 951/2006 will be repealed with effect from 1 October 2017. This Regulation should therefore apply from the same date. |
| --- | --- |

(9)

Paragraphs 2, 3 and 4 of Article 42 of Regulation (EC) No 951/2006 will be repealed with effect from 1 October 2017. This Regulation should therefore apply from the same date.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Part Two of Annex I to Regulation (EEC) No 2658/87 is amended as follows:

| (a) | in Chapter 17, Additional notes 4 and 5 are replaced by the following:






  ‘4. | For products of subheadings 1702 20 10, 1702 60 95 and 1702 90 71, the sugar content (sucrose, fructose, glucose and maltose, where the fructose and glucose are expressed in sucrose equivalent) is to be determined by applying the high performance liquid chromatography method (the ‘HPLC method’), using the following formula:


  S + 0,95 × (F + G) + M


  where: | ‘S’ is the sucrose content determined by the HPLC method; |
| --- | --- | --- | --- |

(a)

in Chapter 17, Additional notes 4 and 5 are replaced by the following:

‘4.

S + 0,95 × (F + G) + M

where:

‘S’ is the sucrose content determined by the HPLC method;

| | ‘F’ is the fructose content determined by the HPLC method; |
| --- | --- |

‘F’ is the fructose content determined by the HPLC method;

| | ‘G’ is the glucose content determined by the HPLC method; |
| --- | --- |

‘G’ is the glucose content determined by the HPLC method;

| | ‘M’ is the maltose content determined by the HPLC method. |
| --- | --- |

‘M’ is the maltose content determined by the HPLC method.

For products of subheadings 1702 60 80, 1702 90 80 and 1702 90 95, the sucrose content, including other sugars expressed as sucrose, is to be determined by the refractometry method (expressed in degrees Brix in accordance with the Annex to Commission Implementing Regulation (EU) No 974/2014
   (*1). For products of subheadings 1702 60 80 and 1702 90 80, the conversion of the results into sucrose equivalent is to be obtained by multiplying the degrees Brix by the coefficient 0,95.

| 5. | For the purposes of subheadings 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30, the term ‘isoglucose’ means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose.


  For products of those subheadings, the sucrose content, including other sugars expressed as sucrose, is to be determined by the refractometry method (expressed in degrees Brix in accordance with the Annex to Implementing Regulation (EU) No 974/2014). |
| --- | --- |

5.

For products of those subheadings, the sucrose content, including other sugars expressed as sucrose, is to be determined by the refractometry method (expressed in degrees Brix in accordance with the Annex to Implementing Regulation (EU) No 974/2014).

(*1)  
  Commission Implementing Regulation (EU) No 974/2014 of 11 September 2014 laying down the refractometry method of measuring dry soluble residue in products processed from fruit and vegetables for the purposes of their classification in the Combined Nomenclature (OJ L 274, 16.9.2014, p. 6).’;"

| (b) | in Chapter 21, Additional notes 3 and 4 are replaced by the following:






  ‘3. | For the purposes of subheading 2106 90 30, the term ‘isoglucose’ means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose. |
| --- | --- | --- |

(b)

in Chapter 21, Additional notes 3 and 4 are replaced by the following:

‘3.

| 4. | For products of subheadings 2106 90 30 and 2106 90 59, the sucrose content, including other sugars expressed as sucrose, is to be determined by the refractometry method (expressed in degrees Brix in accordance with the Annex to Commission Implementing Regulation (EU) No 974/2014
   (*2). |
| --- | --- |

4.

(*2)  
  Commission Implementing Regulation (EU) No 974/2014 of 11 September 2014 laying down the refractometry method of measuring dry soluble residue in products processed from fruit and vegetables for the purposes of their classification in the Combined Nomenclature (OJ L 274, 16.9.2014, p. 6).’."

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2017.

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

Done at Brussels, 18 July 2017.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 256, 7.9.1987, p. 1.

1

(2)  Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (OJ L 178, 1.7.2006, p. 24).

2

(3)  Commission Implementing Regulation (EU) No 974/2014 of 11 September 2014 laying down the refractometry method of measuring dry soluble residue in products processed from fruit and vegetables for the purposes of their classification in the Combined Nomenclature (OJ L 274, 16.9.2014, p. 6).

3

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| 19.7.2017 | EN | Official Journal of the European Union | L 186/6 |
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19.7.2017

EN

Official Journal of the European Union

L 186/6

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COMMISSION IMPLEMENTING REGULATION (EU) 2017/1345

of 18 July 2017

operating deductions from fishing quotas available for certain stocks in 2017 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 (1), and in particular Article 105(1), (2) and (3) thereof,

Whereas:

| (1) | Fishing quotas for the year 2016 have been established by:






  — | Council Regulation (EU) No 1367/2014 (2), |
| --- | --- | --- |

(1)

Fishing quotas for the year 2016 have been established by:

—

Council Regulation (EU) No 1367/2014 (2),

| — | Council Regulation (EU) 2015/2072 (3), |
| --- | --- |

—

Council Regulation (EU) 2015/2072 (3),

| — | Council Regulation (EU) 2016/72 (4), and |
| --- | --- |

—

Council Regulation (EU) 2016/72 (4), and

| — | Council Regulation (EU) 2016/73 (5). |
| --- | --- |

—

Council Regulation (EU) 2016/73 (5).

| (2) | Fishing quotas for the year 2017 have been established by:






  — | Council Regulation (EU) 2016/1903 (6), |
| --- | --- | --- |

(2)

Fishing quotas for the year 2017 have been established by:

—

Council Regulation (EU) 2016/1903 (6),

| — | Council Regulation (EU) 2016/2285 (7), |
| --- | --- |

—

Council Regulation (EU) 2016/2285 (7),

| — | Council Regulation (EU) 2016/2372 (8), and |
| --- | --- |

—

Council Regulation (EU) 2016/2372 (8), and

| — | Council Regulation (EU) 2017/127 (9). |
| --- | --- |

—

Council Regulation (EU) 2017/127 (9).

| (3) | According 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. |
| --- | --- |

(3)

According 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. |
| --- | --- |

(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 2016. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2017 and, where relevant, in subsequent years, for the overfished stocks. |
| --- | --- |

(5)

Certain Member States have exceeded their fishing quotas for the year 2016. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2017 and, where relevant, in subsequent years, for the overfished stocks.

| (6) | Commission Implementing Regulations (EU) 2016/2226 (10) and (EU) 2017/162 (11) have provided for deductions from fishing quotas for certain countries and species for 2016. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2016 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 2017 and, where appropriate, from subsequent quotas. |
| --- | --- |

(6)

Commission Implementing Regulations (EU) 2016/2226 (10) and (EU) 2017/162 (11) have provided for deductions from fishing quotas for certain countries and species for 2016. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2016 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 2017 and, where appropriate, from subsequent quotas.

| (7) | In the framework of Article 3(3) of Council Regulation (EC) No 847/96 (12), by letter dated 16 November 2016, Belgium requested Commission's permission to land additional quantities of turbot and brill in Union waters of IIa and IV (T/B/2AC4-C) within the limits of 10 % of the quota. The additional quantities granted in 2016 under that procedure should be considered as exceeding permitted landings for the purpose of the deductions envisaged in Article 105 of Regulation (EC) No 1224/2009. |
| --- | --- |

(7)

In the framework of Article 3(3) of Council Regulation (EC) No 847/96 (12), by letter dated 16 November 2016, Belgium requested Commission's permission to land additional quantities of turbot and brill in Union waters of IIa and IV (T/B/2AC4-C) within the limits of 10 % of the quota. The additional quantities granted in 2016 under that procedure should be considered as exceeding permitted landings for the purpose of the deductions envisaged in Article 105 of Regulation (EC) No 1224/2009.

| (8) | Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2017 quotas pursuant to Commission Implementing Regulation (EU) No 185/2013 (13). |
| --- | --- |

(8)

Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2017 quotas pursuant to Commission Implementing Regulation (EU) No 185/2013 (13).

| (9) | Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered, |
| --- | --- |

(9)

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) 2016/1903, (EU) 2016/2285, (EU) 2016/2372 and (EU) 2017/127 for the year 2017 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, 18 July 2017.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 343, 22.12.2009, p. 1.

1

(2)  Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).

2

(3)  Council Regulation (EU) 2015/2072 of 17 November 2015 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulations (EU) No 1221/2014 and (EU) 2015/104 (OJ L 302, 19.11.2015, p. 1).

3

(4)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 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) 2015/104 (OJ L 22, 28.1.2016, p. 1).

4

(5)  Council Regulation (EU) 2016/73 of 18 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks in the Black Sea (OJ L 16, 23.1.2016, p. 1).

5

(6)  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).

6

(7)  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).

7

(8)  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).

8

(9)  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).

9

(10)  Commission Implementing Regulation (EU) 2016/2226 of 9 December 2016 operating deductions from fishing quotas available for certain stocks in 2016 on account of overfishing in the previous years (OJ L 336, 10.12.2016, p. 28).

10

(11)  Commission Implementing Regulation (EU) 2017/162 of 31 January 2017 operating deductions from fishing quotas available for certain stocks in 2016 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2016/2226 operating deductions from fishing quotas available for certain stocks in 2016 on account of overfishing in the previous years (OJ L 27, 1.2.2017, p. 101).

11

(12)  Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3).

12

(13)  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).

13

---

ANNEX

DEDUCTIONS FROM QUOTAS FOR STOCKS WHICH HAVE BEEN OVERFISHED

| Member State | Species code | Area code | Species name | Area name | Initial quota 2016 (in kilograms) | Permitted landings 2016 (Total adapted quantity in kilograms) (1) | Total catches 2016 (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 years (5) (quantity in kilograms) | Deductions to apply in 2017 (quantity in kilograms) |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) |
| BE | SRX | 07D. | Skates and rays | Union waters of VIId | 87 000 | 86 919 | 91 566 | 105,35 % | 4 647 | / | / | / | 4 647 |
| BE | SOL | 7FG. | Common sole | VIIf and VIIg | 487 000 | 549 565 | 563 401 | 102,52 % | 13 836 | / | / | / | 13 836 |
| BE | SOL | 8AB. | Common sole | VIIIa and VIIIb | 42 000 | 281 638 | 287 659 | 102,14 % | 6 021 | / | C (6) | / | 6 021 |
| BE | T/B | 2AC4-C | Turbot and brill | Union waters of IIa and IV | 329 000 | 481 000 | 514 275 | 106,92 % | 33 275  (7) | / | / | / | 33 275 |
| DE | DGS | 2AC4-C | Picked dogfish | Union waters of IIa and IV | 0 | 0 | 2 118 | N/A | 2 118 | / | / | / | 2 118 |
| DE | MAC | 2CX14- | Mackerel | VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV | 22 751 000 | 21 211 759 | 22 211 517 | 104,71 % | 999 758 | / | / | / | 999 758 |
| DK | DGS | 2AC4-C | Picked dogfish | Union waters of IIa and IV | 0 | 0 | 1 350 | N/A | 1 350 | / | / | / | 1 350 |
| DK | HER | 1/2- | Herring | Union, Faroese, Norwegian and international waters of I and II | 7 069 000 | 10 331 363 | 10 384 320 | 100,51 % | 52 957 | / | / | / | 52 957 |
| DK | JAX | 4BC7D | Horse mackerel and associated | Union waters of IVb, IVc and VIId | 5 519 000 | 264 664 | 265 760 | 100,42 % | 1 096 | / | / | / | 1 096 |
| DK | MAC | 2A34. | Mackerel | IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32 | 19 461 000 | 13 354 035 | 14 677 440 | 109,91 % | 1 323 405 | / | / | / | 1 323 405 |
| DK | MAC | 2A4A-N | Mackerel | Norwegian waters of IIa and IVa | 14 043 000 | 14 886 020 | 16 351 930 | 109,85 % | 1 465 910 | / | / | / | 1 465 910 |
| DK | NOP | 04-N. | Norway pout | Norwegian waters of IV | 0 | 0 | 22 880 | N/A | 22 880 | / | / | / | 22 880 |
| DK | OTH | *2AC4C | Other species | Union waters of IIa and IV | 6 018 300 | 3 994 920 | 4 508 050 | 112,84 % | 513 130 | 1,2 | / | / | 615 756 |
| DK | POK | 1N2AB. | Saithe | Norwegian waters of I and II | / | 0 | 3 920 | N/A | 3 920 | / | / | / | 3 920 |
| DK | SAN | 234_1 | Sandeel | Union waters of sandeel management area 1 | 12 263 000 | 12 517 900 | 12 525 750 | 100,06 % | 7 850 | / | / | / | 7 850 |
| DK | SAN | 04-N. | Sandeel | Norwegian waters of IV | 0 | 0 | 19 860 | N/A | 19 860 | / | / | / | 19 860 |
| ES | ALB | AN05N | Northern albacore | Atlantic Ocean, north of 5° N | 14 917 370 | 14 754 370 | 16 645 500 | 112,82 % | 1 891 130 | 1,2 | / | / | 2 269 356 |
| ES | ALF | 3X14- | Alfonsinos | Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV | 67 000 | 86 159 | 79 185 | 91,90 % | – 6 974 | / | / | 817 | 0 |
| ES | BSF | 8910- | Black scabbard-fish | Union and international waters of VIII, IX and X | 12 000 | 24 004 | 16 419 | 68,41 % | – 7 585 | / | / | 2 703 | 0 |
| ES | BUM | ATLANT | Blue marlin | Atlantic Ocean | 0 | 0 | 13 396 | N/A | 13 396 | / | A | / | 20 094 |
| ES | COD | 1/2B. | Cod | I and IIb | 13 192 000 | 9 730 876 | 9 731 972 | 100,01 % | 1 096 | / | / | / | 1 096 |
| ES | GHL | 1N2AB. | Greenland halibut | Norwegian waters of I and II | / | 9 000 | 27 600 | 306,67 % | 18 600 | 1,0 | A | / | 27 900 |
| ES | GHL | N3LMNO | Greenland halibut | NAFO 3LMNO | 4 067 000 | 4 070 000 | 4 072 999 | 100,07 % | 2 999 | / | C (6) | / | 2 999 |
| ES | SRX | 67AKXD | Skates and rays | Union waters of VIa, VIb, VIIa-c and VIIe-k | 876 000 | 459 287 | 469 586 | 102,24 % | 10 299 | / | / | / | 10 299 |
| ES | SRX | 89-C. | Skates and rays | Union waters of VIII and IX | 1 057 000 | 925 232 | 956 878 | 103,42 % | 31 646 | / | A | 131 767 | 179 236 |
| ES | WHM | ATLANT | White marlin | Atlantic Ocean | 2 460 | 2 460 | 9 859 | 400,77 % | 7 399 | 1,0 | A | 138 994 | 150 092 |
| FR | LIN | 04-C. | Ling | Union waters of IV | 162 000 | 262 351 | 304 077 | 115,91 % | 41 726 | 1,0 | / | / | 41 726 |
| FR | POK | 1/2/INT | Saithe | International waters of I and II | 0 | 0 | 2 352 | N/A | 2 352 | / | / | / | 2 352 |
| FR | RED | 51214S | Redfish (shallow pelagic) | Union and international waters of V; international waters of XII and XIV | 0 | 0 | 29 827 | N/A | 29 827 | / | / | / | 29 827 |
| FR | SBR | 678- | Red seabream | Union and international waters of VI, VII and VIII | 6 000 | 28 817 | 31 334 | 108,72 % | 2 517 | / | / | / | 2 517 |
| FR | SRX | 07D. | Skates and rays | Union waters of VIId | 663 000 | 630 718 | 699 850 | 110,96 % | 69 132 | 1,0 | A | / | 103 698 |
| FR | SRX | 67AKXD | Skates and rays | Union waters of VIa, VIb, VIIa-c and VIIe-k | 3 255 000 | 3 641 000 | 39 254 | 101,08 % | 39 254 | / | / | / | 39 254 |
| FR | WHG | 08. | Whiting | VIII | 1 524 000 | 2 406 000 | 2 441 333 | 101,47 % | 35 333 | / | / | / | 35 333 |
| IE | PLE | 7FG. | Plaice | VIIf and VIIg | 200 000 | 66 332 | 67 431 | 101,66 % | 1 099 | / | / | / | 1 099 |
| IE | POK | 1N2AB. | Saithe | Norwegian waters of I and II | / | 0 | 5 969 | N/A | 5 969 | / | / | / | 5 969 |
| IE | SRX | 67AKXD | Skates and rays | Union waters of VIa, VIb, VIIa-c and VIIe-k | 1 048 000 | 949 860 | 980 960 | 103,27 % | 31 056 | / | A (6) | / | 31 056 |
| NL | DGS | 2AC4-C | Picked dogfish | Union waters of IIa and IV | 0 | 0 | 1 260 | N/A | 1 260 | / | / | / | 1 260 |
| NL | HAD | 7X7A34 | Haddock | VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1 | / | 559 | 26 220 | N/A | 25 661 | / | / | / | 25 661 |
| NL | HER | *25B-F | Herring | II, Vb north of 62° N (Faroes waters) | 736 000 | 477 184 | 476 491 | 99,86 % | – 693 | / | / | 23 551 | 22 858 |
| NL | OTH | *2A-14 | Associate by-catches to horse mackerel (boarfish, whiting and mackerel) | Union waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV | 1 663 800 | 1 777 300 | 2 032 689 | 114,37 % | 255 389 | 1,2 | / | / | 306 467 |
| NL | POK | 2A34. | Saithe | IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32 | 68 000 | 110 846 | 110 889 | 100,04 % | 43 (8) | / | / | 1 057 | 1 057 |
| NL | T/B | 2AC4-C | Turbot and brill | Union waters of IIa and IV | 2 493 000 | 2 551 261 | 2 737 636 | 107,31 % | 186 375 | / | / | / | 186 375 |
| PT | BUM | ATLANT | Blue marlin | Atlantic ocean | 49 550 | 49 550 | 50 611 | 102,14 % | 1 061 | / | / | / | 1 061 |
| PT | GHL | 1N2AB | Greenland Halibut | Norwegian waters of I and II | / | 18 487 | 18 487 | N/A | 18 487 | / | / | / | 18 487 |
| PT | MAC | 8C3411 | Mackerel | VIIIc, IX and X; Union waters of CECAF 34.1.1 | 6 971 000 | 6 313 658 | 6 823 967 | 108,08 % | 510 309 | / | / | / | 510 309 |
| PT | SRX | 89-C. | Skates and rays | Union waters of VIII and IX | 1 051 000 | 1 051 000 | 1 068 676 | 101,68 % | 17 676 | / | / | / | 17 676 |
| PT | SWO | AN05N | Swordfish | Atlantic Ocean, North of 5° N | 1 161 950 | 1 541 950 | 1 561 142 | 101,24 % | 19 192 | / | / | / | 19 192 |
| UK | DGS | 15X14 | Picked dogfish | Union and international waters of I, V, VI, VII, VIII, XII and XIV | 0 | 0 | 12 585 | N/A | 12 585 | / | / | / | 12 585 |
| UK | DGS | 2AC4-C | Picked dogfish | Union waters of IIa and IV | 0 | 0 | 17 776 | N/A | 17 776 | / | / | / | 17 776 |
| UK | HER | 4AB. | Herring | Union and Norwegian waters of IV north of 53° 30′ N | 70 348 000 | 70 710 390 | 73 419 998 | 103,83 % | 2 709 608 | / | / | | 2 709 608 |
| UK | MAC | 2CX14- | Mackerel | VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV | 208 557 000 | 195 937 403 | 209 143 232 | 106,74 % | 13 205 829 | / | A (6) | / | 13 205 829 |
| UK | SAN | 234_1 | Sandeel | Union waters of sandeel management area 1 | 268 000 | 0 | 0 | N/A | 0 | / | / | 1 466 168 | 1 466 168 |
| UK | SRX | 67AKXD | Skates and rays | Union waters of VIa, VIb, VIIa-c and VIIe-k | 2 076 000 | 2 006 000 | 2 008 431 | 100,12 % | 2 431 | / | / | / | 2 431 |
| UK | T/B | 2AC4-C | Turbot and brill | Union waters of IIa and IV | 693 000 | 522 000 | 544 680 | 104,34 % | 22 680 | / | / | / | 22 680 |

Member State

Species code

Area code

Species name

Area name

Initial quota 2016 (in kilograms)

Permitted landings 2016 (Total adapted quantity in kilograms) (1)

Total catches 2016 (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 years (5) (quantity in kilograms)

Deductions to apply in 2017 (quantity in kilograms)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

BE

SRX

07D.

Skates and rays

Union waters of VIId

87 000

86 919

91 566

105,35 %

4 647

/

/

/

4 647

BE

SOL

7FG.

Common sole

VIIf and VIIg

487 000

549 565

563 401

102,52 %

13 836

/

/

/

13 836

BE

SOL

8AB.

Common sole

VIIIa and VIIIb

42 000

281 638

287 659

102,14 %

6 021

/

C (6)

/

6 021

BE

T/B

2AC4-C

Turbot and brill

Union waters of IIa and IV

329 000

481 000

514 275

106,92 %

33 275  (7)

/

/

/

33 275

DE

DGS

2AC4-C

Picked dogfish

Union waters of IIa and IV

0

0

2 118

N/A

2 118

/

/

/

2 118

DE

MAC

2CX14-

Mackerel

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

22 751 000

21 211 759

22 211 517

104,71 %

999 758

/

/

/

999 758

DK

DGS

2AC4-C

Picked dogfish

Union waters of IIa and IV

0

0

1 350

N/A

1 350

/

/

/

1 350

DK

HER

1/2-

Herring

Union, Faroese, Norwegian and international waters of I and II

7 069 000

10 331 363

10 384 320

100,51 %

52 957

/

/

/

52 957

DK

JAX

4BC7D

Horse mackerel and associated

Union waters of IVb, IVc and VIId

5 519 000

264 664

265 760

100,42 %

1 096

/

/

/

1 096

DK

MAC

2A34.

Mackerel

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

19 461 000

13 354 035

14 677 440

109,91 %

1 323 405

/

/

/

1 323 405

DK

MAC

2A4A-N

Mackerel

Norwegian waters of IIa and IVa

14 043 000

14 886 020

16 351 930

109,85 %

1 465 910

/

/

/

1 465 910

DK

NOP

04-N.

Norway pout

Norwegian waters of IV

0

0

22 880

N/A

22 880

/

/

/

22 880

DK

OTH

*2AC4C

Other species

Union waters of IIa and IV

6 018 300

3 994 920

4 508 050

112,84 %

513 130

1,2

/

/

615 756

DK

POK

1N2AB.

Saithe

Norwegian waters of I and II

/

0

3 920

N/A

3 920

/

/

/

3 920

DK

SAN

234_1

Sandeel

Union waters of sandeel management area 1

12 263 000

12 517 900

12 525 750

100,06 %

7 850

/

/

/

7 850

DK

SAN

04-N.

Sandeel

Norwegian waters of IV

0

0

19 860

N/A

19 860

/

/

/

19 860

ES

ALB

AN05N

Northern albacore

Atlantic Ocean, north of 5° N

14 917 370

14 754 370

16 645 500

112,82 %

1 891 130

1,2

/

/

2 269 356

ES

ALF

3X14-

Alfonsinos

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

67 000

86 159

79 185

91,90 %

– 6 974

/

/

817

0

ES

BSF

8910-

Black scabbard-fish

Union and international waters of VIII, IX and X

12 000

24 004

16 419

68,41 %

– 7 585

/

/

2 703

0

ES

BUM

ATLANT

Blue marlin

Atlantic Ocean

0

0

13 396

N/A

13 396

/

A

/

20 094

ES

COD

1/2B.

Cod

I and IIb

13 192 000

9 730 876

9 731 972

100,01 %

1 096

/

/

/

1 096

ES

GHL

1N2AB.

Greenland halibut

Norwegian waters of I and II

/

9 000

27 600

306,67 %

18 600

1,0

A

/

27 900

ES

GHL

N3LMNO

Greenland halibut

NAFO 3LMNO

4 067 000

4 070 000

4 072 999

100,07 %

2 999

/

C (6)

/

2 999

ES

SRX

67AKXD

Skates and rays

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

876 000

459 287

469 586

102,24 %

10 299

/

/

/

10 299

ES

SRX

89-C.

Skates and rays

Union waters of VIII and IX

1 057 000

925 232

956 878

103,42 %

31 646

/

A

131 767

179 236

ES

WHM

ATLANT

White marlin

Atlantic Ocean

2 460

2 460

9 859

400,77 %

7 399

1,0

A

138 994

150 092

FR

LIN

04-C.

Ling

Union waters of IV

162 000

262 351

304 077

115,91 %

41 726

1,0

/

/

41 726

FR

POK

1/2/INT

Saithe

International waters of I and II

0

0

2 352

N/A

2 352

/

/

/

2 352

FR

RED

51214S

Redfish (shallow pelagic)

Union and international waters of V; international waters of XII and XIV

0

0

29 827

N/A

29 827

/

/

/

29 827

FR

SBR

678-

Red seabream

Union and international waters of VI, VII and VIII

6 000

28 817

31 334

108,72 %

2 517

/

/

/

2 517

FR

SRX

07D.

Skates and rays

Union waters of VIId

663 000

630 718

699 850

110,96 %

69 132

1,0

A

/

103 698

FR

SRX

67AKXD

Skates and rays

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

3 255 000

3 641 000

39 254

101,08 %

39 254

/

/

/

39 254

FR

WHG

08.

Whiting

VIII

1 524 000

2 406 000

2 441 333

101,47 %

35 333

/

/

/

35 333

IE

PLE

7FG.

Plaice

VIIf and VIIg

200 000

66 332

67 431

101,66 %

1 099

/

/

/

1 099

IE

POK

1N2AB.

Saithe

Norwegian waters of I and II

/

0

5 969

N/A

5 969

/

/

/

5 969

IE

SRX

67AKXD

Skates and rays

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

1 048 000

949 860

980 960

103,27 %

31 056

/

A (6)

/

31 056

NL

DGS

2AC4-C

Picked dogfish

Union waters of IIa and IV

0

0

1 260

N/A

1 260

/

/

/

1 260

NL

HAD

7X7A34

Haddock

VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1

/

559

26 220

N/A

25 661

/

/

/

25 661

NL

HER

*25B-F

Herring

II, Vb north of 62° N (Faroes waters)

736 000

477 184

476 491

99,86 %

– 693

/

/

23 551

22 858

NL

OTH

*2A-14

Associate by-catches to horse mackerel (boarfish, whiting and mackerel)

Union waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV

1 663 800

1 777 300

2 032 689

114,37 %

255 389

1,2

/

/

306 467

NL

POK

2A34.

Saithe

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

68 000

110 846

110 889

100,04 %

43 (8)

/

/

1 057

1 057

NL

T/B

2AC4-C

Turbot and brill

Union waters of IIa and IV

2 493 000

2 551 261

2 737 636

107,31 %

186 375

/

/

/

186 375

PT

BUM

ATLANT

Blue marlin

Atlantic ocean

49 550

49 550

50 611

102,14 %

1 061

/

/

/

1 061

PT

GHL

1N2AB

Greenland Halibut

Norwegian waters of I and II

/

18 487

18 487

N/A

18 487

/

/

/

18 487

PT

MAC

8C3411

Mackerel

VIIIc, IX and X; Union waters of CECAF 34.1.1

6 971 000

6 313 658

6 823 967

108,08 %

510 309

/

/

/

510 309

PT

SRX

89-C.

Skates and rays

Union waters of VIII and IX

1 051 000

1 051 000

1 068 676

101,68 %

17 676

/

/

/

17 676

PT

SWO

AN05N

Swordfish

Atlantic Ocean, North of 5° N

1 161 950

1 541 950

1 561 142

101,24 %

19 192

/

/

/

19 192

UK

DGS

15X14

Picked dogfish

Union and international waters of I, V, VI, VII, VIII, XII and XIV

0

0

12 585

N/A

12 585

/

/

/

12 585

UK

DGS

2AC4-C

Picked dogfish

Union waters of IIa and IV

0

0

17 776

N/A

17 776

/

/

/

17 776

UK

HER

4AB.

Herring

Union and Norwegian waters of IV north of 53° 30′ N

70 348 000

70 710 390

73 419 998

103,83 %

2 709 608

/

/

2 709 608

UK

MAC

2CX14-

Mackerel

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

208 557 000

195 937 403

209 143 232

106,74 %

13 205 829

/

A (6)

/

13 205 829

UK

SAN

234_1

Sandeel

Union waters of sandeel management area 1

268 000

0

0

N/A

0

/

/

1 466 168

1 466 168

UK

SRX

67AKXD

Skates and rays

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

2 076 000

2 006 000

2 008 431

100,12 %

2 431

/

/

/

2 431

UK

T/B

2AC4-C

Turbot and brill

Union waters of IIa and IV

693 000

522 000

544 680

104,34 %

22 680

/

/

/

22 680

---

(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 2015 to 2016 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3), with Article 5a of Council Regulation (EU) No 1221/2014 (OJ L 330, 15.11.2014, p. 16), with Article 18a of Council Regulation (EU) 2015/104 (OJ L 22, 28.1.2015, p. 1), 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 2014, 2015 and 2016. 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 that could not be deducted in 2016 pursuant to Regulation (EU) 2016/2226 as amended by Regulation (EU) 2017/162 because there was no or not sufficient quota available.

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

(7)  At Belgium`s request, additional landings up to 10 % of the T/B quota were permitted by the Commission according to Article 3(3) of Regulation (EC) No 847/96.

(8)  Quantities below one tonne are not considered.

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DECISIONS

| 19.7.2017 | EN | Official Journal of the European Union | L 186/15 |
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19.7.2017

EN

Official Journal of the European Union

L 186/15

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COUNCIL DECISION (EU) 2017/1346

of 17 July 2017

on the position to be adopted, on behalf of the European Union, at the sixth session of the Meeting of the Parties to the Aarhus Convention as regards compliance case ACCC/C/2008/32

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | On 17 February 2005, the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environamental Matters (1) (‘the Aarhus Convention’) was approved, on behalf of the European Community, by Council Decision 2005/370/EC (2). |
| --- | --- |

(1)

On 17 February 2005, the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environamental Matters (1) (‘the Aarhus Convention’) was approved, on behalf of the European Community, by Council Decision 2005/370/EC (2).

| (2) | The Union implemented the obligations of the Aarhus Convention with regard to its institutions and bodies notably by way of Regulation (EC) No 1367/2006 of the European Parliament and of the Council (3). |
| --- | --- |

(2)

The Union implemented the obligations of the Aarhus Convention with regard to its institutions and bodies notably by way of Regulation (EC) No 1367/2006 of the European Parliament and of the Council (3).

| (3) | Pursuant to Article 15 of the Aarhus Convention, the Aarhus Convention Compliance Committee (‘the Committee’) was established, which is competent to review the Parties' compliance with the provisions of the Aarhus Convention. |
| --- | --- |

(3)

Pursuant to Article 15 of the Aarhus Convention, the Aarhus Convention Compliance Committee (‘the Committee’) was established, which is competent to review the Parties' compliance with the provisions of the Aarhus Convention.

| (4) | On 17 March 2017, the Union received findings in case ACCC/C/2008/32 regarding access to justice at Union level (‘the findings’). In paragraph 123 of the findings, the Committee held that ‘the Party concerned fails to comply with Article 9, paragraphs 3 and 4, of the Convention with regard to access to justice by members of the public because neither the Aarhus Regulation, nor the jurisprudence of the CJEU implements or complies with the obligations arising under those paragraphs.’ |
| --- | --- |

(4)

On 17 March 2017, the Union received findings in case ACCC/C/2008/32 regarding access to justice at Union level (‘the findings’). In paragraph 123 of the findings, the Committee held that ‘the Party concerned fails to comply with Article 9, paragraphs 3 and 4, of the Convention with regard to access to justice by members of the public because neither the Aarhus Regulation, nor the jurisprudence of the CJEU implements or complies with the obligations arising under those paragraphs.’

| (5) | The Aarhus Convention bodies have been made aware by the Declaration that the Union made upon signature and reiterated upon approval of the Aarhus Convention that ‘[w]ithin the institutional and legal context of the Community [...] the Community institutions will apply the Convention within the framework of their existing and future rules on access to documents and other relevant rules of Community law in the field covered by the Convention.’ |
| --- | --- |

(5)

The Aarhus Convention bodies have been made aware by the Declaration that the Union made upon signature and reiterated upon approval of the Aarhus Convention that ‘[w]ithin the institutional and legal context of the Community [...] the Community institutions will apply the Convention within the framework of their existing and future rules on access to documents and other relevant rules of Community law in the field covered by the Convention.’

| (6) | One of the findings in case ACCC/C/2008/32, namely that the Union fails to comply with paragraphs (3) and (4) of Article 9 of the Aarhus Convention, has been incorporated into draft Decision VI/8f, which will be submitted to the sixth session of the Meeting of the Parties to the Aarhus Convention to take place in September 2017 in Budva, Montenegro. |
| --- | --- |

(6)

One of the findings in case ACCC/C/2008/32, namely that the Union fails to comply with paragraphs (3) and (4) of Article 9 of the Aarhus Convention, has been incorporated into draft Decision VI/8f, which will be submitted to the sixth session of the Meeting of the Parties to the Aarhus Convention to take place in September 2017 in Budva, Montenegro.

| (7) | The Union should explore ways and means to comply with the Aarhus Convention in a way that is compatible with the fundamental principles of the Union legal order and with its system of judicial review. |
| --- | --- |

(7)

The Union should explore ways and means to comply with the Aarhus Convention in a way that is compatible with the fundamental principles of the Union legal order and with its system of judicial review.

| (8) | In view of the separation of powers in the Union, the Council cannot give instructions or make recommendations to the Court of Justice of the European Union (‘the Court of Justice’) concerning its judicial activities. Therefore, the recommendations in draft Decision VI/8f related to the Court of Justice and its jurisprudence cannot be accepted. |
| --- | --- |

(8)

In view of the separation of powers in the Union, the Council cannot give instructions or make recommendations to the Court of Justice of the European Union (‘the Court of Justice’) concerning its judicial activities. Therefore, the recommendations in draft Decision VI/8f related to the Court of Justice and its jurisprudence cannot be accepted.

| (9) | The Union continues to fully support the important objectives of the Aarhus Convention. |
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(9)

The Union continues to fully support the important objectives of the Aarhus Convention.

| (10) | The Union should determine the position to be taken at the sixth session of the Meeting of the Parties to the Aarhus Convention with regard to draft Decision VI/8f, |
| --- | --- |

(10)

The Union should determine the position to be taken at the sixth session of the Meeting of the Parties to the Aarhus Convention with regard to draft Decision VI/8f,

HAS ADOPTED THIS DECISION:

Article 1

1.   The position to be taken by the Union at the sixth session of the Meeting of the Parties to the Aarhus Convention with regard to draft Decision VI/8f concerning compliance by the Union with its obligations under the Aarhus Convention shall be to accept draft Decision VI/8f subject to:

| — | deleting the last part of paragraph 6 of draft Decision VI/8f and replacing ‘endorses’ with ‘takes note of’, so that the paragraph would then read as follows: ‘Takes note of the finding of the Compliance Committee with regard to communication ACCC/C/2008/32 (part II) that the Party concerned fails to comply with Article 9, paraghraphs 3 and 4, of the Convention.’; |
| --- | --- |

—

deleting the last part of paragraph 6 of draft Decision VI/8f and replacing ‘endorses’ with ‘takes note of’, so that the paragraph would then read as follows: ‘Takes note of the finding of the Compliance Committee with regard to communication ACCC/C/2008/32 (part II) that the Party concerned fails to comply with Article 9, paraghraphs 3 and 4, of the Convention.’;

| — | inserting the words ‘to consider’ after the words ‘Recommends to the Party concerned’ in the heading of paragraph 7 of draft Decision VI/8f, which would then read: ‘Recommends that the Party concerned considers that:’; |
| --- | --- |

—

inserting the words ‘to consider’ after the words ‘Recommends to the Party concerned’ in the heading of paragraph 7 of draft Decision VI/8f, which would then read: ‘Recommends that the Party concerned considers that:’;

| — | deleting the words ‘to the Court of Justice of the European Union’ in point (i) of paragraph 7 (b) of draft Decision VI/8f; and |
| --- | --- |

—

deleting the words ‘to the Court of Justice of the European Union’ in point (i) of paragraph 7 (b) of draft Decision VI/8f; and

| — | deleting point (c) of paragraph 7 of draft Decision VI/8f. |
| --- | --- |

—

deleting point (c) of paragraph 7 of draft Decision VI/8f.

2.   Other minor amendments in line with the approach of this Decision can be agreed at coordination on the spot and in light of possible negotiations on draft Decision VI/8f.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 17 July 2017.

For the Council

The President

T. TAMM

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(1)  
  OJ L 124, 17.5.2005, p. 4.

1

(2)  Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 124, 17.5.2005, p. 1).

2

(3)  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).

3

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Corrigenda

| 19.7.2017 | EN | Official Journal of the European Union | L 186/17 |
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19.7.2017

EN

Official Journal of the European Union

L 186/17

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Corrigendum to Council Implementing Decision (CFSP) 2017/975 of 8 June 2017 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

(
  Official Journal of the European Union L 146 of 9 June 2017
  )

On page 145, concluding formula:

for:

‘Done at Brussels, 8 June 2017.

For the Council

The President

L. GRECH
  ’,

read:

‘Done at Luxembourg, 8 June 2017.

For the Council

The President

K. SIMSON
  ’.

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