EN Official Journal of the European Union L 333/73

COMMISSION IMPLEMENTING REGULATION (EU) 2015/2404

of 16 December 2015

operating deductions from fishing quotas available for certain stocks in 2015 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2015/1801

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 Community 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 2014 were established by: — Council Regulation (EU) No 1262/2012 (2), — Council Regulation (EU) No 1180/2013 (3), — Council Regulation (EU) No 24/2014 (4), and — Council Regulation (EU) No 43/2014 (5).

(2) Fishing quotas for the year 2015 were established by: — Council Regulation (EU) No 1221/2014 (6), — Council Regulation (EU) No 1367/2014 (7), — Council Regulation (EU) 2015/104 (8), and — Council Regulation (EU) 2015/106 (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.

(4) Commission Implementing Regulation (EU) 2015/1801 (10) has established deductions from fishing quotas for certain stocks in 2015 on account of overfishing in the previous years.

(5) However, for certain Member States no deductions could be operated by Regulation (EU) 2015/1801 from quotas allocated for the overfished stocks because such quotas were not available for those Member States in the year 2015.

(6) In certain cases, exchanges of fishing opportunities concluded in accordance with Article 16(8) of Regulation (EU) No 1380/2013 (11) enabled partial deductions. The remaining quantities should be operated on other stocks pursuant to Article 105(5) of Regulation (EC) No 1224/2009.

(7) 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 should be operated on other stocks in the same geographical area or with the same commercial value. According to Commission Communication No 2012/C-72/07 (12) 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.

(8) 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.

(9) At the request of Portugal, redfish in Norwegian waters of I and II (RED/1N2AB.) should be used as alternative stock to payback the overfishing of respectively 371 766 kilograms and 178 850 kilograms for haddock and saithe in Norwegian waters of I and II (HAD/1N2AB. and POK/1N2AB.) in the previous years. Considering that the Portuguese 2015 quota of redfish in Norwegian waters of I and II amounts to 405 000 kilograms and is not sufficient to cover the deductions due for both overfished stocks, this quota should be used to the full extent of its available quantity and a remaining quantity of 145 616 kilograms should be deducted in the following year(s) on account of saithe in the same area (POK/1N2AB.) until the full overfished amount is paid back.

(10) Moreover, certain deductions provided for by Implementing Regulation (EU) 2015/1801 appear to be insufficient. The required deductions appear to be larger than the adapted quota available in the year 2015 and, as a consequence, cannot be entirely operated on that quota. According to Commission Communication No 2012/C-72/07, the remaining amounts should be deducted from the adapted quotas available in subsequent years.

(11) Following Commission Implementing Regulation (EC) No 2015/1170 (13), a quantity of 3 369 kilograms corresponding to 10 % of the Spanish 2014 adapted quota for Norway lobster in areas IX and X and Union waters of CECAF 34.1.1 (NEP/9/3411) is no longer available to Spain following a quota transfer. Consequently, the available quantity of 9 287 kilograms subtracted from the outstanding deduction of 19 000 kilograms owed for that stock should be reduced to 5 918 kilograms and a further deduction of 3 369 kilograms should be immediately applicable.

(12) Implementing Regulation (EU) 2015/1801 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing quotas for the year 2015 referred to in the 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) 2015/1801 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.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 December 2015 For the Commission The President Jean-Claude JUNCKER

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

(2) Council Regulation (EU) No 1262/2012 of 20 December 2012 fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish stocks (OJ L 356, 22.12.2012, p. 22).

(3) Council Regulation (EU) No 1180/2013 of 19 November 2013 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (OJ L 313, 22.11.2013, p. 4).

(4) Council Regulation (EU) No 24/2014 of 10 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 9, 14.1.2014, p. 4).

(5) Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).

(6) Council Regulation (EU) No 1221/2014 of 10 November 2014 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulations (EU) No 43/2014 and (EU) No 1180/2013 (OJ L 330, 15.11.2014, p. 16).

(7) 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).

(8) Council Regulation (EU) 2015/104 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 779/2014 (OJ L 22, 28.1.2015, p. 1).

(9) Council Regulation (EU) 2015/106 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 19, 24.1.2015, p. 8).

(10) Commission Implementing Regulation (EU) 2015/1801 of 7 October 2015 operating deductions from fishing quotas available for certain stocks in 2015 on account of overfishing in the previous years (OJ L 263, 8.10.2015, p. 19).

(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).

(12) OJ C 72, 10.3.2012, p. 27.

(13) Commission Implementing Regulation (EU) 2015/1170 of 16 July 2015 adding to the 2015 fishing quotas certain quantities withheld in the year 2014 pursuant to Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 189, 17.7.2015, p. 2).

ANNEX I DEDUCTIONS FROM QUOTAS FOR STOCKS OTHER THAN THOSE WHICH HAVE BEEN OVERFISHED Mem-ber State Spe-cies code Area code Species name Area name Permitted landings 2014 (Total adapted quantity in kilograms) (1) Total catches 2014 (quantity in kilograms) Quota con-sumption (%) Overfi-shing related to permitted landing (quantity in kilograms) Multi-plying factor (2) Additional Multi-plying factor (3) (4) Remaining deduction from 2014 (5) (quantity in kilograms) Ouststan-ding balance (6) (quantity in kilograms) Deductions 2015 (quantity in kilograms) Deductions already applied in 2015 on the same stock (quantity in kilograms) (7) Remaining quantity to be be deducted on alternative stock (in kilograms) ES DWS 56789- Deep-sea sharks EU and international waters of V, VI, VII, VIII and IX 0 3 039 N/A 3 039 / A / / 4 559 0 4 559 Deduction to be made on the following stock ES BSF 56712- Black scabbardfish Union and international waters of V, VI, VII and XII / / / / / / / / / / 4 559 ES GHL 1N2AB. Greenland halibut Norwegian waters of I and II 0 22 685 N/A 22 685 / / / / 22 685 0 22 685 Deduction to be made on the following stock ES RED 1N2AB. Redfish Norwegian waters of I and II / / / / / / / / / / 22 685 ES HAD 5BC6A. Haddock Union and international waters of Vb and VIa 2 840 18 933 666,65 % 16 093 / A 12 540 / 36 680 2 564 34 116 Deduction to be made on the following stock ES LIN 6X14. Ling Union and international waters of VI, VII, VIII, IX, X, XII and XIV / / / / / / / / / / 34 116 ES HAD 7X7A34 Haddock VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1 0 3 075 N/A 3 075 / A / / 4 613 0 4 613 Deduction to be made on the following stock ES WHG 08 Whiting VIII / / / / / / / / / / 4 613 ES OTH 1N2AB. Other species Norwegian waters of I and II 0 26 744 N/A 26 744 / / / / 26 744 4 281 22 463 Deduction to be made on the following stock ES RED 1N2AB Redfish Norwegian waters of I and II / / / / / / / / / / 22 463 ES POK 56-14 Saithe VI; Union and international waters of Vb, XII and XIV 4 810 8 703 180,94 % 3 893 / / / / 3 893 0 3 893 Deduction to be made on the following stock ES BLI 5B67- Blue ling Union and international waters of Vb, VI, VII / / / / / / / / / / 3 893 NL HKE 3A/BCD Hake IIIa; Union waters of Subdivisions 22-32 0 1 655 N/A 1 655 / C / / 2 482 0 2 482 Deduction to be made on the following stock NL PLE 2A3AX4 Plaice IV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat / / / / / / / / / / 2 482 NL RED 1N2AB. Redfish Norwegian waters of I and II 0 2 798 N/A 2 798 / / / / 2 798 0 2 798 Deduction to be made on the following stock NL WHB 1X14 Blue whiting Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV / / / / / / / / / / 2 798 PT HAD 1N2AB Haddock Norwegian waters of I and II 0 26 816 N/A 26 816 / / / 344 950 371 766 0 371 766 Deduction to be made on the following stock PT RED 1N2AB Redfish Norwegian waters of I and II / / / / / / / / / / 371 766 PT POK 1N2AB. Saithe Norwegian waters of I and II 18 000 11 850 65,83 % – 6 150 / / / 185 000 178 850 0 178 850 Deduction to be made on the following stock PT RED 1N2AB Redfish Norwegian waters of I and II / / / / / / / / / / 33 234 (8) UK DGS 15X14 Spurdog/dogfish Union and international waters of I, V, VI, VII, VIII, XII and XIV 0 1 027 N/A 1 027 / A / / 1 541 0 1 541 Deduction to be made on the following stock UK POK 7/3411 Saithe VII, VIII, IX and X; Union waters of CECAF 34.1.1 / / / / / / / / / / 1 541 UK NOP 2A3A4. Norway pout IIIa; Union waters of IIa and IV 0 14 000 N/A 14 000 / / / / 14 000 0 14 000 Deduction to be made on the following stock UK SPR 2AC4-C Sprat and associated by-catches Union waters of IIa and IV / / / / / / / / / / 14 000 UK WHB 24-N Blue whiting Norwegian waters of II and IV 0 22 204 N/A 22 204 / / / / 22 204 0 22 204 Deduction to be made on the following stock UK WHB 2A4AXF Blue whiting Faroese waters / / / / / / / / / / 22 204 (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 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3) 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. (4) Letter ‘A’ indicates that an additional multiplying factor of 1.5 has been applied due to consecutive overfishing in the years 2012, 2013 and 2014. 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 2014 pursuant to Regulation (EU) No 871/2014 because there was no or not sufficient quota available. (6) Remaining quantities related to overfishing in years preceding the entry into force of Regulation (EC) No 1224/2009 and that cannot be deducted from another stock. (7) Quantities that could be deducted on the same stock thanks to exchange of fishing opportunities concluded in accordance with Article 16(8) of Regulation (EU) No 1380/2013. (8) At the request of the Portuguese Direção de Serviços de Recursos Naturais and considering the limited quota available, the deduction will be operated on the 2015 quota for RED/1N2AB. to the full extent of its available quantity and a remaining quantity of 145 616 kilograms will be deducted in the following year(s) until the full overfished amount is paid back