CELEX: 32019R2095
Language: en
Date: 2019-11-29 00:00:00
Title: Commission Implementing Regulation (EU) 2019/2095 of 29 November 2019 operating deduction from the Atlantic salmon fishing quota available to Poland in 2019 on account of overfishing in 2018

9.12.2019   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 317/105
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2095
         of 29 November 2019
         operating deduction from the Atlantic salmon fishing quota available to Poland in 2019
         on account of overfishing in 2018
         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)
                  
                  
                     The fishing quota for Atlantic salmon in Union waters of Subdivisions 22-31 (SAL/3BCD-F) has been allocated to Poland for the year 2018 by Council Regulation (EU) 2017/1970 (2).
                  
               
                     (2)
                  
                  
                     This fishing quota for the year 2018 was increased by 1369 specimen following application of the year-to-year flexibility set up by Article 15(9) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3). The increase, corresponding to 10 % of the permitted landings for the year 2017, was calculated on the basis of the remaining unused quantities after catch declarations. During inspection missions carried out in Poland in accordance with Regulation (EC) No 1224/2009 during 2018 the Commission detected misreported and under-reported catch data revealing that the 2017 Polish quota for Atlantic Salmon in Union waters of Subdivisions 22-31 had been exhausted. Therefore, the year-to-year flexibility from year 2017 to year 2018 under Article 15(9) of Regulation (EC) No 1380/2013 had been unduly granted and the corresponding quantities should be deducted accordingly from the 2018 quota.
                  
               
                     (3)
                  
                  
                     The Commission also detected further inconsistencies in the Polish data about Atlantic salmon fishery in Union waters of Subdivisions 22-31 for the year 2018 by cross-checking the data recorded and reported during inspected and non-inspected fishing trips. These inconsistencies in catch composition reporting were corroborated by several audit and verification missions conducted in Poland during 2018 and 2019 in accordance with Regulation (EC) No 1224/2009. These audit reports were duly communicated to and discussed with Poland.
                  
               
                     (4)
                  
                  
                     The evidence gathered allowed the Commission to establish that the quota for Atlantic salmon in Union waters of Subdivisions 22-31 allocated to Poland in the year 2018 by Council Regulation (EU) 2017/1970 was exceeded by 2 160 pieces of salmon. Pursuant 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.
                  
               
                     (5)
                  
                  
                     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.
                  
               
                     (6)
                  
                  
                     A multiplying factor equal to 1,00 should apply in accordance with Article 105(2) of Regulation (EC) No 1224/2009 as the amount of overfishing as quantified by the Commission is less than 100 tonnes,
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            The fishing quota for Atlantic salmon in Union waters of Subdivisions 22-31 allocated to Poland for the year 2019 by Council Regulation (EU) 2018/1628 (4) shall be reduced as set out in the Annex to this Regulation.
         
         
            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, 29 November 2019.
            
               
                  For the Commission
               
               
                  The President
               
               Jean-Claude JUNCKER
            
         
         
            (1)  OJ L 343, 22.12.2009, p. 1.
         
            (2)  Council Regulation (EU) 2017/1970 of 27 October 2017 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2017/127 (OJ L 281, 31.10.2017, p. 1).
         
            (3)  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).
         
            (4)  Council Regulation (EU) 2018/1628 of 30 October 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2018/120 as regards certain fishing opportunities in other waters (OJ L 272, 31.10.2018, p. 1).
      
      
         
            ANNEX
            DEDUCTION FROM ATLANTIC SALMON FISHING QUOTA AVAILABLE TO POLAND IN 2019 FOR STOCKS WHICH HAVE BEEN OVERFISHED
            
                        Mem-ber State
                     
                     
                        Species code
                     
                     
                        Area code
                     
                     
                        Species name
                     
                     
                        Area name
                     
                     
                        Initial quota 2018 (in pieces)
                     
                     
                        Permitted landings 2018 (Total adapted quantity in pieces) (1)
                        
                     
                     
                        Total catches 2018 (quantity
                        in pieces)
                     
                     
                        Quota con-sumption related to permitted landings
                     
                     
                        Overfishing related to permitted landing (quantity in pieces)
                     
                     
                        Multiplying factor (3)
                        
                     
                     
                        Additional Multiplying factor (4)
                           ,
                            (5)
                        
                     
                     
                        Deductions to apply in 2019 (quantity in pieces)
                     
                  
                        PL
                     
                     
                        SAL
                     
                     
                        3BCD-F
                     
                     
                        Atlantic salmon
                     
                     
                        Union waters of subdivisions 22-31
                     
                     
                        5 729 
                     
                     
                        15 739  (2)
                        
                     
                     
                        17 899 
                     
                     
                        113,72 %
                     
                     
                        2 160 
                     
                     
                        1,00
                     
                     
                        /
                     
                     
                        2 160 
                     
                  
               (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 2017 to 2018 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3) and 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)  This amount includes a reduction of 1369 pieces of salmon corresponding to the year-to-year flexibility unduly granted in 2018 under Article 15(9) of Regulation (EU) No 1380/2013 after detection of mis-reported and under-reported catch data for 2017.
            
               (3)  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.
            
               (4)  As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.
            
               (5)  Letter ‘A’ indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2016, 2017 and 2018. Letter ‘C’ indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.