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Document 32023R1661
Commission Implementing Regulation (EU) 2023/1661 of 24 August 2023 operating deductions from fishing quotas available for certain stocks in 2023 on account of overfishing in the previous years
Commission Implementing Regulation (EU) 2023/1661 of 24 August 2023 operating deductions from fishing quotas available for certain stocks in 2023 on account of overfishing in the previous years
Commission Implementing Regulation (EU) 2023/1661 of 24 August 2023 operating deductions from fishing quotas available for certain stocks in 2023 on account of overfishing in the previous years
C/2023/5606
OJ L 210, 25.8.2023, pp. 23–29
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 31/12/2023: This act has been changed. Current consolidated version:
20/11/2023
|
25.8.2023 |
EN |
Official Journal of the European Union |
L 210/23 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1661
of 24 August 2023
operating deductions from fishing quotas available for certain stocks in 2023 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) and (3) thereof,
Whereas:
|
(1) |
Fishing quotas for the year 2022 have been established by Council Regulations (EU) 2021/91 (2), (EU) 2021/1888 (3), (EU) 2022/109 (4) and (EU) 2022/110 (5). |
|
(2) |
Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090 (6), (EU) 2023/194 (7) and (EU) 2023/195 (8). |
|
(3) |
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. |
|
(4) |
Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions are to be operated in the following year or years by applying the respective multiplying factors as set out therein. |
|
(5) |
Certain Member States have exceeded their fishing quotas for the year 2022. Deductions should therefore be operated on the fishing quotas allocated to them in 2023 and, where relevant, in subsequent years, for the overfished stocks. |
|
(6) |
Commission Implementing Regulation (EU) 2022/1926 (9) established deductions from fishing quotas for certain fish stocks in 2022 on account of overfishing in the previous years. In 2021, Portugal overfished its fishing quota for anchovy in areas 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411). Following Portugal’s request on 22 August 2022, the Commission agreed to spread the deduction over two years in accordance with point 3(a) of the Communication from the Commission 2022/C 369/03 (10) (‘the Guidelines’). Article 3 of Commission Implementing Regulation (EU) 2022/2458 (11) provides that the annual deduction shall amount to 1 477,376 tonnes in 2022 and 2023. On 19 April 2023, considering that Portugal expected to have sufficient quota left at the end of the 2022 fishing season for ANE/9/3411, it requested the Commission to cancel the spreading over two years of the deduction. Therefore, the Commission operated the entire deduction, i.e. 2 954,752 tonnes – including a multiplying factor of 1,40 – on the Portuguese quota for ANE/9/3411 for the 2022 fishing season. Consequently, there is no outstanding deduction to be operated on the Portuguese quota allocated for the 2023 fishing season for this stock. |
|
(7) |
The Guidelines replaced Communication 2012/C 72/07 to adapt, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas (12) as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish (13) establish that any excess of the annual adjusted quota in the year 2022 shall be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should only be applied in 2024. |
|
(8) |
Further updates or corrections may still occur following the detection, for the current or previous deduction exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009. |
|
(9) |
Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered, |
HAS ADOPTED THIS REGULATION:
Article 1
The fishing quotas fixed for the year 2023 in Regulations (EU) 2022/2090, (EU) 2023/194 and (EU) 2023/195 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, 24 August 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 343, 22.12.2009, p. 1.
(2) Council Regulation (EU) 2021/91 of 28 January 2021 fixing, for the years 2021 and 2022, the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 31, 29.1.2021, p. 20).
(3) Council Regulation (EU) 2021/1888 of 27 October 2021 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2021/92 as regards certain fishing opportunities in other waters (OJ L 384, 29.10.2021, p. 1).
(4) Council Regulation (EU) 2022/109 of 27 January 2022 fixing for 2022 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 (OJ L 21, 31.1.2022, p. 1).
(5) Council Regulation (EU) 2022/110 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 21, 31.1.2022, p. 165).
(6) Council Regulation (EU) 2022/2090 of 27 October 2022 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2023 and amending Regulation (EU) 2022/109 as regards certain fishing opportunities in other waters (OJ L 281, 31.10.2022, p. 1).
(7) Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).
(8) Council Regulation (EU) 2023/195 of 30 January 2023 fixing for 2023 the fishing opportunities for certain stocks and groups of fish stocks applicable in the Mediterranean and Black Seas and amending Regulation (EU) 2022/110 as regards the fishing opportunities for 2022 applicable in the Mediterranean and the Black Seas (OJ L 28, 31.1.2023, p. 220).
(9) Commission Implementing Regulation (EU) 2022/1926 of 11 October 2022 operating deductions from fishing quotas available for certain stocks in 2022 on account of overfishing in the previous years (OJ L 265, 12.10.2022, p. 67).
(10) Communication from the Commission on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009, and replacing Communication 2012/C 72/07 (2022/C 369/03) (OJ C 369, 27.9.2022, p. 3).
(11) Commission Implementing Regulation (EU) 2022/2458 of 14 December 2022 operating deductions from fishing quotas available for certain stocks in 2022 in accordance with Council Regulation (EC) No 1224/2009 on account of overfishing of other stocks in the previous years and amending Commission Implementing Regulation (EU) 2022/1926 (OJ L 321, 15.12.2022, p. 10).
(12) Recommendation 21-01 by ICCAT replacing Recommendation 19-02 replacing Recommendation 16-01 on a multi-annual conservation and management programme for tropical tunas.
(13) Recommendation 22-03 by ICCAT replacing supplemental recommendation 21-02 extending and amending Recommendation 17-02 for the conservation of North Atlantic swordfish
ANNEX
DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2023 FOR STOCKS WHICH HAVE BEEN OVERFISHED
|
Mem-ber State |
Species code |
Area code |
Species name |
Area name |
Initial quota 2022 (in tonnes) |
Permitted landings 2022 (Total adapted quantity in tonnes) (1) |
Total catches 2022 (quantity in tonnes) |
Quota con-sumption related to permitted landings |
Overfishing related to permitted landing (quantity in tonnes) |
Multi-plying factor (2) |
Out-standing deductions from previous year(s) (5) (quantity in tonnes) |
Deductions to apply in 2023 (quantity in tonnes) |
|
|
BE |
SRX |
07D. |
Skates and rays |
7d |
134,000 |
136,500 |
137,765 |
100,93 % |
1,265 |
/ |
/ |
/ |
1,265 |
|
BE |
SRX |
67AKXD |
Skates and rays |
United Kingdom and Union waters of 6a, 6b, 7a-c and 7e-k |
814,000 |
1 207,000 |
1 209,702 |
100,22 % |
2,702 |
/ |
/ |
/ |
2,702 |
|
DE |
HER |
4AB. |
Herring |
Union, United Kingdom and Norwegian waters of 4 north of 53° 30′ N |
41 147,000 |
37 114,880 |
38 224,556 |
102,99 % |
1 109,676 |
/ |
A (6) |
/ |
1 109,676 |
|
DE |
OTH |
1N2AB. |
Other species |
Norwegian waters of 1 and 2 |
71,000 |
72,800 |
92,797 |
127,47 % |
19,997 |
1,00 |
/ |
/ |
19,997 |
|
DK |
COD |
03AN. |
Cod |
Skagerrak |
1 515,000 |
1 503,751 |
1 521,783 |
101,20 % |
18,032 |
/ |
C (6) |
/ |
18,032 |
|
DK |
COD |
2A3AX4 |
Cod |
4; United Kingdom waters of 2a; the part of 3a not covered by the Skagerrak and Kattegat |
1 951,000 |
1 980,700 |
2 018,970 |
101,93 % |
38,270 |
/ |
C (6) |
/ |
38,270 |
|
DK |
HAD |
03A. |
Haddock |
3a |
2 225,000 |
2 508,851 |
2 735,449 |
109,03 % |
226,598 |
/ |
C (6) |
/ |
226,598 |
|
DK |
HER |
5B6ANB |
Herring |
6b and 6aN; United Kingdom and international waters of 5b |
/ |
/ |
8,077 |
N/A |
8,077 |
1,00 |
/ |
|
8,077 |
|
DK |
OTH |
1N2AB. |
Other species |
Norwegian waters of 1 and 2 |
/ |
/ |
2,038 |
N/A |
2,038 |
1,00 |
/ |
/ |
2,038 |
|
DK |
POK |
1N2AB. |
Saithe |
Norwegian waters of 1 and 2 |
/ |
/ |
17,317 |
N/A |
17,317 |
1,00 |
/ |
/ |
17,317 |
|
DK |
PRA |
4N-S62 |
Northern prawn |
Norwegian waters south of 62°N |
200,000 |
203,000 |
205,041 |
101,01 % |
2,041 |
/ |
/ |
/ |
2,041 |
|
DK |
SPR |
03A. |
Sprat and associated by-catches |
3a |
8 422,000 |
20,186 |
34,428 |
170,55 % |
14,242 |
1,00 |
/ |
/ |
14,242 |
|
DK |
WHB |
1X14 |
Blue whiting |
United Kingdom, Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
36 723,000 |
45 035,026 |
45 516,979 |
101,07 % |
481,953 |
/ |
/ |
/ |
481,953 |
|
ES |
ALF |
3X14- |
Alfonsinos |
United Kingdom, Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 |
51,000 |
58,000 |
59,069 |
101,84 % |
1,069 |
/ |
/ |
/ |
1,069 |
|
ES |
COD |
1/2B. |
Cod |
1 and 2b |
9 688,000 |
9 290,212 |
9 409,547 |
101,28 % |
119,335 |
/ |
A (6) |
/ |
119,335 |
|
ES |
COD |
1N2AB. |
Cod |
Norwegian waters of 1 and 2 |
2 602,000 |
2 744,006 |
2 804,069 |
102,19 % |
60,063 |
/ |
/ |
/ |
60,063 |
|
ES |
GHL |
1N2AB. |
Greenland halibut |
Norwegian waters of 1 and 2 |
/ |
32,719 |
55,066 |
168,30 % |
22,347 |
1,00 |
A |
/ |
33,521 |
|
ES |
HAD |
1N2AB. |
Haddock |
Norwegian waters of 1 and 2 |
/ |
0,554 |
17,963 |
3 242,42 % |
17,409 |
1,00 |
/ |
/ |
17,409 |
|
ES |
OTH |
1N2AB. |
Other species |
Norwegian waters of 1 and 2 |
/ |
/ |
35,447 |
N/A |
35,447 |
1,00 |
A |
/ |
53,171 |
|
ES |
POL |
08C. |
Pollack |
8c |
149,000 |
172,001 |
173,627 |
100,95 % |
1,626 |
/ |
/ |
/ |
1,626 |
|
ES |
POK |
1N2AB. |
Saithe |
Norwegian waters of 1 and 2 |
/ |
17,250 |
25,413 |
147,32 % |
8,163 |
1,00 |
/ |
/ |
8,163 |
|
ES |
REB |
1N2AB. |
Redfish |
Norwegian waters of 1 and 2 |
106,000 |
103,211 |
104,593 |
101,34 % |
1,382 |
/ |
/ |
/ |
1,382 |
|
ES |
RJU |
9-C. |
Undulate ray |
Union waters of 9 |
15,000 |
18,000 |
19,348 |
107,49 % |
1,348 |
/ |
/ |
/ |
1,348 |
|
FR |
JAX |
4BC7D |
Horse mackerel and associated by-catches |
United Kingdom and Union waters of 4b, 4c and 7d |
267,000 |
396,532 |
461,312 |
116,34 % |
64,780 |
1,00 |
/ |
/ |
64,780 |
|
FR |
RJE |
7FG. |
Small-eyed ray |
7f and 7g |
36,000 |
57,000 |
83,299 |
146,14 % |
26,299 |
1,00 |
/ |
/ |
26,299 |
|
FR |
RJU |
8-C. |
Undulate ray |
Union waters of 8 |
13,000 |
23,000 |
24,081 |
104,70 % |
1,081 |
/ |
/ |
/ |
1,081 |
|
IE |
HER |
6AS7BC |
Herring |
6aS, 7b, 7c |
1 236,000 |
1 267,563 |
1 298,400 |
102,43 % |
30,837 |
/ |
/ |
/ |
30,837 |
|
IE |
POK |
1N2AB. |
Saithe |
Norwegian waters of 1 and 2 |
/ |
28,810 |
51,017 |
177,08 % |
22,207 |
1,00 |
/ |
/ |
22,207 |
|
MT |
ALB |
MED |
Mediterranean albacore |
Mediterranean Sea |
41,190 |
41,190 |
49,876 |
121,09 % |
8,686 |
1,00 |
/ |
/ |
8,686 |
|
NL |
POK |
1N2AB. |
Saithe |
Norwegian waters of 1 and 2 |
/ |
4,000 |
47,097 |
1 177,43 % |
43,097 |
1,00 |
/ |
/ |
43,097 |
|
PL |
MAC |
2A34. |
Mackerel |
3a; United Kingdom and Union waters of 2a, 3b, 3c, 3d and 4 |
/ |
/ |
10,934 |
N/A |
10,934 |
1,00 |
/ |
/ |
10,934 |
|
PT |
ALF |
3X14- |
Alfonsinos |
Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 |
145,000 |
142,314 |
145,155 |
102,00 % |
2,841 |
/ |
A (6) |
/ |
2,841 |
|
PT |
RJU |
9-C. |
Undulate ray |
Union waters of 9 |
15,000 |
32,000 |
33,907 |
105,96 % |
1,907 |
/ |
/ |
/ |
1,907 |
|
SE |
I/F |
04-N |
Industrial fish |
Norwegian waters of 4 |
800,000 |
800,000 |
808,349 |
101,04 % |
8,349 |
/ |
/ |
/ |
8,349 |
(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 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), quota transfers from 2021 to 2022 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (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) 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 2020, 2021 and 2022. 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 from previous year(s).
(6) Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.