EN Official Journal of the European Union L 365/106

COMMISSION IMPLEMENTING REGULATION (EU) No 1360/2014

of 18 December 2014

operating deductions from fishing quotas available for certain stocks in 2014 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 871/2014 as regards amounts to be deducted in future 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 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) Council Regulations (EU) No 1262/2012 (2), (EU) No 1088/2012 (3), (EU) No 1261/2012 (4), (EU) No 39/2013 (5) and (EU) No 40/2013 (6) fix fishing quotas for certain stocks for 2013.

(2) Council Regulations (EU) No 1262/2012, (EU) No 1180/2013 (7), (EU) No 24/2014 (8), and (EU) No 43/2014 (9) fix fishing quotas for certain stocks for 2014.

(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) No 871/2014 (10) has established deductions from fishing quotas for certain stocks in 2014 on account of overfishing in the previous years.

(5) However, for certain Member States no deductions could be operated by Implementing Regulation (EU) No 871/2014 from quotas allocated for the overfished stocks because such quotas were not available for those Member States in the year 2014.

(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 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 (11) 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) Moreover, certain deductions provided for by Implementing Regulation (EU) No 871/2014 appear to be larger than the adapted quota available in the year 2014 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.

(9) Implementing Regulation (EU) No 871/2014 should therefore be amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

The fishing quotas for the year 2014 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) No 871/2014 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, 18 December 2014. 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 1088/2012 of 20 November 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (OJ L 323, 22.11.2012, p. 2).

(4) Council Regulation (EU) No 1261/2012 of 20 December 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Black Sea (OJ L 356, 22.12.2012, p. 19).

(5) Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (OJ L 23, 25.1.2013, p. 1).

(6) Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non- EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (OJ L 23, 25.1.2013, p. 54).

(7) 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).

(8) 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).

(9) 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).

(10) Commission Implementing Regulation (EU) No 871/2014 of 11 August 2014 operating deductions from fishing quotas available for certain stocks in 2014 on account of overfishing in the previous years (OJ L 239, 12.8.2014, p. 14).

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

ANNEX I DEDUCTIONS FROM QUOTAS FOR STOCKS OTHER THAN THOSE WHICH HAVE BEEN OVERFISHED Member State Species code Area code Species name Area name Permitted landings 2013 (Total adapted quantity in tons) (1) Total catches 2013 (quantity in tons) Quota con-sumption (%) Overfishing related to permitted landing (quantity in tons) Multi-plying factor (2) Additional Multiplying factor (3) Remaining deduction from 2013 (4) (quantity in tons) Ouststading balance (5) (quantity in tons) Deductions 2014 (quantity in tons) DK NOP 04-N Norway pout and associated by-catches Norwegian waters of V 0 4,980 N/A 4,980 / / / / 4 Deduction to be made on the following stock DK OTH 04N. Other species Norwegian waters of IV / / / / / / / / 4 DK POK 1N2AB. Saithe Norwegian waters of I and II 20,000 21,680 108,40 % 1,680 / / / / 1 Deduction to be made on the following stock DK OTH 04N. Other species Norwegian waters of IV / / / / / / / / 1 ES DGS 15X14 Spurdog/ dogfish Union and international waters of I, V, VI, VII, VIII, XII and XIV 0 1,670 N/A 1,670 / A / / 2 Deduction to be made on the following stock ES HKE 571214 Hake VI and VII; Union and international waters of Vb; international waters of XII and XIV / / / / / / / / 2 ES DWS 56789- Deep-sea sharks EU and international waters of V, VI, VII, VIII and IX 0 5,330 N/A 5,330 / A / / 8 Deduction to be made on the following stock ES RNG 8X14- Roundnose grenadier EU and international waters of VIII, IX, X, XII and XIV / / / / / / / / 8 ES GHL 1N2AB. Greenland halibut Norwegian waters of I and II 0 12,370 N/A 12,370 / / / / 12 Deduction to be made on the following stock ES RED 1N2AB. Redfish Norwegian waters of I and II / / / / / / / / 12 ES HAD 7X7A34 Haddock VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1 0 8,540 N/A 8,540 / / / / 8 Deduction to be made on the following stock ES RNG 8X14- Roundnose grenadier EU and international waters of VIII, IX, X, XII and XIV / / / / / / / / 8 ES OTH 1N2AB. Other species Norwegian waters of I and II 0 15,530 N/A 15,530 / / / / 15 Deduction to be made on the following stock ES RED 1N2AB. Redfish Norwegian waters of I and II / / / / / / / / 15 ES POR 3-1234 Porbeagle French Guiana waters, Kattegat; Union waters of Skagerrak, I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV; Union waters of CECAF 34.1.1, 34.1.2 and 34.2 0 3,160 N/A 3,160 / / / / 3 Deduction to be made on the following stock ES RNG 8X14- Roundnose grenadier EU and international waters of VIII, IX, X, XII and XIV / / / / / / / / 3 FR GHL 1N2AB. Greenland halibut Norwegian waters of I and II 0 17,500 N/A 17,500 / / / / 17 Deduction to be made on the following stock FR RED 1N2AB. Redfish Norwegian waters of I and II / / / / / / / / 17 NL HKE 3A/BCD Hake IIIa; Union waters of Subdivisions 22-32 0 0,671 N/A 0,671 / C / / 1 Deduction to be made on the following stock NL HKE 8ABDE Hake VIIIa, VIIIb, VIIId and VIIIe / / / / / / / / 1 PT GHL 1N2AB Greenland halibut Norwegian waters of I and II 0 2,000 N/A 2,000 / / / / 2 Deduction to be made on the following stock PT RED 1N2AB. Redfish Norwegian waters of I and II / / / / / / / / 2 UK DGS 15X14 Spurdog/ dogfish Union and international waters of I, V, VI, VII, VIII, XII and XIV 0 5,800 N/A 5,800 / / / / 5 Deduction to be made on the following stock UK WHG 7X7A-C Whiting VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk / / / / / / / / 5 (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 20(5) of Regulation (EC) No 2371/2002 (OJ L 358, 31.12.2002, p. 59) and Article 16(8) of Regulation (EU) No 1380/2013, quota transfers in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3) and/or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Council Regulation (EC) No 1224/2009. (2) As set out in Article 105(2) of Council Regulation (EC) No 1224/2009. Deductions 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 Council Regulation (EC) No 1224/2009. Letter ‘A’ indicates that an additional multiplying factor of 1.5 has been applied due to consecutive overfishing in the years 2011, 2012 and 2013. Letter ‘C’ indicates that an additional multiplying factor of 1.5 has been applied as the stock is subject to a multiannual plan. (4) Regulation (EU) No 770/2013 and Regulation (EU) No 1204/2013 have operated deductions from fishing quotas for certain countries and species for 2013. However, for certain Member States the deductions to be applied were higher than their respective 2013 quota and could therefore not be operated entirely in that year. To ensure that also in such cases the full amount be deducted, the remaining quantities have been taken into account when establishing deductions from 2014. (5) 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.