EN Official Journal of the European Union L 27/101

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

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 2015 were established by: — Council Regulation (EU) No 1221/2014 (2), — Council Regulation (EU) No 1367/2014 (3), — Council Regulation (EU) 2015/104 (4), and — Council Regulation (EU) 2015/106 (5).

(2) Fishing quotas for the year 2016 were established by: — Regulation (EU) No 1367/2014, — Council Regulation (EU) 2015/2072 (6), — Council Regulation (EU) 2016/72 (7), and — Council Regulation (EU) 2016/73 (8).

(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) 2016/2226 (9) has established deductions from fishing quotas for certain stocks in 2016 on account of overfishing in the previous years.

(5) However, for certain Member States, no deductions could be operated by Implementing Regulation (EU) 2016/2226 from quotas allocated for the overfished stocks because such quotas were not available for those Member States in the year 2016.

(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 (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) 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) enabled partial deductions from the same stocks in the framework of Implementing Regulation (EU) 2016/2226. The remaining deductions should be operated on quotas for other stocks pursuant to Article 105(5) of Regulation (EC) No 1224/2009.

(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) In 2015, Spain has overfished its quota for skates and rays in Union waters of ICES Subareas VIII and IX (SRX/89-C.). By letter of 30 September 2016, Spain requested to spread the deduction due over 2 years. In view of the information provided and considering that a significant loss of quota would produce excessive discards of the species concerned, in accordance with point 3, letter (b) of the Communication 2012/C 72/07, this request can be accepted.

(10) As regards sandeel in geographical area of ICES divisions IIa, IIIa and subdivision IV, given Denmark has overfished its total allowable catches in Union waters of management area 1 as defined in Annex IID of Regulation (EU) 2015/104 in 2015, it is required to operate deductions. In 2016, minimal catches have been allowed for sandeel in these waters in order to monitor the abundance of sandeel. However, with the said deductions it is impossible to maintain the monitoring system (12) advised by the International Council for the Exploration of the Sea (ICES) to manage sandeel. Therefore, deductions for the quotas overfished by Denmark in 2015 in this area should be operated from sandeel management area 3.

(11) Moreover, certain deductions required by Implementing Regulation (EU) 2016/2226 appear to be larger than the adapted quota available in the year 2016 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) 2016/2226 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing quotas fixed in Regulations (EU) No 1367/2014, (EU) 2015/2072, (EU) 2016/72 and (EU) 2016/73 for the year 2016 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) 2016/2226 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, 31 January 2017. For the Commission The President Jean-Claude JUNCKER

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

(2) 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).

(3) 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).

(4) 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).

(5) 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).

(6) 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).

(7) 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).

(8) 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).

(9) 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) 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).

(12) http://www.ices.dk/sites/pub/Publication%20Reports/Expert%20Group%20Report/acom/2016/HAWG/13%20HAWG%20Report%202016%20-%20Sec%2011%20Sandeel%20in%20Division%203.a%20and%20Subarea%204.pdf

ANNEX I Deductions from quotas for alternative stocks Member State Species code Area code Species name Area name Permitted landings 2015 (Total adapted quantity in kilograms) (1) Total catches 2015 (qty in kilograms) Quota con-sumption (%) Overfishing related to permitted landing (qty in kilograms) Multiplying factor (2) Additional multiplying factor (3) (4) Outstanding deduction from previous years (5) (qty in kilograms) Deductions 2016 (qty in kilograms) Deductions already applied in 2016 on the same stock (qty in kilograms) (6) Remaining quantity to be deducted on alternative stock (qty in kilograms) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) DK DGS 03A-C. Spurdog/dogfish Union waters of IIIa 0 3 840 N/A 3 840 1,00 / / 3 840 0 3 840 Deduction to be made on the following stock DK NEP 3A/BCD Norway lobster IIIa; Union waters of Subdivisions 22-32 / / / / / / / / / 3 840 DK DGS 2AC4-C Spurdog/dogfish Union waters of IIa and IV 0 1 540 N/A 1 540 1,00 / / 1 540 0 1 540 Deduction to be made on the following stock DK NEP 2AC4-C Norway lobster Union waters of IIa and IV / / / / / / / / / 1 540 DK NOP 04-N. Norway pout Norwegian waters of IV 0 28 270 N/A 28 270 1,00 / / 28 270 0 28 270 Deduction to be made on the following stock DK NOP 2A3A4. Norway pout IIIa; Union waters of IIa and IV / / / / / / / / / 28 270 ES BUM ATLANT Blue marlin Atlantic Ocean 20 360 134 082 658,56 113 722 2,0 A 172 878 514 044 0 514 044 Deduction to be made on the following stock ES SWO AN05N Swordfish Atlantic Ocean, North of 5° N / / / / / / / / / 514 044 ES GHL 1N2AB. Greenland halibut Norwegian waters of I and II 0 24 239 N/A 24 239 1,00 A / 36 359 0 36 359 Deduction to be made on the following stock ES POK 1N2AB. Saithe Norwegian waters of I and II / / / / / / / / / 36 359 FR GHL 1N2AB. Greenland halibut Norwegian waters of I and II 2 000 7 957 397,85 5 957 1,00 / / 5 957 0 5 957 Deduction to be made on the following stock FR OTH 1N2AB. Other species Norwegian waters of I and II / / / / / / / / / 5 957 NL ANE 08. Anchovy VIII 0 12 493 N/A 12 493 1,00 / / 12 493 0 12 493 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 / / / / / / / / / 12 493 NL HKE 3A/BCD Hake IIIa; Union waters of Subdivisions 22-32 0 1 575 N/A 1 575 1,00 A+C (7) / 2 363 0 2 363 Deduction to be made on the following stock NL HKE 2AC4-C Hake Union waters of IIa and IV / / / / / / / / / 2 363 NL WHG 56-14 Whiting VI; Union and international waters of Vb; international waters of XII and XIV 0 11 475 N/A 11 475 1,00 / / 11 475 0 11 475 Deduction to be made on the following stock NL HKE 8ABDE. Hake VIIIa, VIIIb, VIIId and VIIIe / / / / / / / / / 11 475 PT GHL 1N2AB. Greenland Halibut Norwegian waters of I and II 0 6 098 N/A 6 098 1,00 / / 6 098 0 6 098 Deduction to be made on the following stock PT RED 1N2AB. Redfish Norwegian waters of I and II / / / / / / / / / 6 098 PT POK 1N2AB. Saithe Norwegian waters of I and II 9 700 9 690 99,90 – 10 / / 145 616 145 606 53 145 553 Deduction to be made on the following stock PT RED 1N2AB. Redfish Norwegian waters of I and II / / / / / / / / / 145 553 (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, quota transfers from 2014 to 2015 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 Regulation (EU) No 1221/2014, with Article 18a of Regulation (EU) 2015/104 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 2013, 2014 and 2015. 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 2015 pursuant to Commission Implementing Regulation (EU) 2015/1801 (OJ L 263, 8.10.2015, p. 19) as amended by Commission Implementing Regulation (EU) 2015/2404 (OJ L 333, 19.12.2015, p. 73) because there was no or not sufficient quota available. (6) 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. (7) Additional multiplying factors are not cumulative and operated only once.