Commission Regulation (EC) No 147/2007 of 15 February 2007 adapting certain fish quotas from 2007 to 2012 pursuant to Article 23(4) of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
Date: 2007-02-15
Institutions: European Commission
Subjects: Ireland, United Kingdom, catch quota, common fisheries policy, conservation of fish stocks, fishery management, fishery resources

L 46/10

EN

Official Journal of the European Union

16.2.2007

COMMISSION REGULATION (EC) No 147/2007

of 15 February 2007

adapting certain fish quotas from 2007 to 2012 pursuant to Article 23(4) of Council Regulation (EC)
No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the
Common Fisheries Policy

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

has established that
opportunities which were allocated to them.

they have exceeded the fishing

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploi-
the Common Fisheries
tation of
Policy (1), and in particular Article 23(4) thereof,

resources under

fisheries

Whereas:

(1)

(2)

(3)

(4)

The Council adopted regulations fixing for 2001, 2002,
2003, 2004 and 2005 the fishing opportunities and
associated conditions for certain fish stocks and groups
of fish stocks applicable in Community waters and, for
Community vessels, in waters where catch limitations are
required (2).

Following national investigations carried out in 2005 and
2006 by the United Kingdom the Commission has been
notified by the United Kingdom and Ireland that they
exceeded the fishing opportunities allocated to them in
terms of catches of mackerel
(United Kingdom and
Ireland) and herring (United Kingdom) in certain zones
in the years from 2001 to 2004.

In 2006, following the publication of the regulation (3)
to
adapting certain fish quotas
Council Regulation (EC) No 847/96 (4),
the United
Kingdom also notified the Commission of an additional
quantity of mackerel fished in excess in 2005.

for 2006 pursuant

Article 23(4) of Council Regulation (EC) No 2371/2002
states that the Commission shall operate deductions from
future fishing opportunities of the Member States when it

(1) OJ L 358, 31.12.2002, p. 59.
(2) Council Regulation (EC) No 2848/2000 (OJ L 334, 30.12.2000,
p. 1); Council Regulation (EC) No 2555/2001 (OJ L 347,
31.12.2001, p. 1); Council Regulation (EC) No 2341/2002 (OJ
L 356, 31.12.2002, p. 12); Council Regulation (EC) No
2287/2003 (OJ L 344, 31.12.2003, p. 1); Council Regulation (EC)
No 27/2005 (OJ L 12, 14.1.2005, p. 1).

(3) Commission Regulation (EC) No 742/2006 (OJ L 130, 18.5.2006,

p. 7).

(4) OJ L 115, 9.5.1996, p. 3.

(5)

(6)

(7)

(8)

(9)

According
to Article 2 of Regulation (EC) No
2371/2002, the Common Fisheries Policy shall ensure
living aquatic resources that provides
exploitation of
sustainable
social
conditions.

environmental

economic,

and

Given the fact that the overfishing has occurred during
the course of several years and considering the need to
take account of the economic and social situation of the
respective fishing sectors of the concerned Member States
and to limit as much as possible the negative impact on
those sectors,
it is appropriate to deduct the quantities
fished in excess over a period longer than one year.

The trend in mackerel quotas from 2001 to 2004 has
been downwards. In order to avoid a disproportionate
impact of deductions it is necessary to apply a correction
factor to the quantities to be deducted from mackerel
quotas in respect of amounts overfished from 2001 to
2004.

The additional quantity of mackerel fished in excess by
the UK in 2005 should be deducted from the UK's 2007
quota.

The deduction scheme will be compatible with scientific
advice since the total allowable catches for mackerel and
herring in coming years will be based on scientific advice
which will
the adjusted catches
resulting from reduced quotas.

take into account

(10)

The correction factor should equate to the 2006 total
allowable catch for mackerel expressed as a percentage
of the average total allowable catch for the years 2001 to
2004.

(11) Additionally,

in order

to avoid adverse social and
economic consequences, the quantities deducted in any
one year should not exceed a percentage of the annual
quota. It is appropriate to fix this percentage at 15 %.

16.2.2007

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Official Journal of the European Union

L 46/11

(12)

In a case where the quantity to be deducted in any one
year exceeds 15 % of the annual quota, the deduction
period will be extended to reduce the quantity equal to
or below 15 %.

HAS ADOPTED THIS REGULATION:

Article 1

(13)

Taking account of
the Member States
the request of
concerned to have a smaller amount deducted from
certain quotas in 2007 than in the following years
from 2008 to 2012.

Mackerel (Scomber scombrus) and herring (Clupea harengus) quotas
allocated to Ireland and the United Kingdom in the years from
2007 to 2012 shall be reduced as shown in Annex I and
Annex II.

Article 2

The quantities deducted in any one year shall not exceed 15 %
of the annual quota.

Article 3

(14)

The Committee for fisheries and Aquaculture has not
delivered an opinion within the time limit set by its
chairman,

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, 15 February 2007.

For the Commission

Joe BORG
Member of the Commission

L 46/12

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Official Journal of the European Union

16.2.2007

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