L_202302480EN.000101.fmx.xml

COMMISSION IMPLEMENTING REGULATION (EU) 2023/2480

of 10 November 2023

operating deductions from fishing quotas available for certain stocks in 2023 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) 2023/1661

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 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)	Commission Implementing Regulation (EU) 2023/1661 (9) has established deductions from fishing quotas available for certain fish stocks in 2023 on account of overfishing in the previous years.

(5)

For certain Member States, namely Denmark, Spain, the Netherlands and Poland, certain deductions could not be operated by Implementing Regulation (EU) 2023/1661 from fishing quotas allocated for the overfished stocks because quotas for these stocks are not available for those Member States in the year 2023.

(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 for that fish stock, deductions may be operated on other stocks in the same geographical area or with the same commercial value, following consultations with the Member States concerned.

(7)

According to Communication from the Commission 2022/C 369/03 on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009 (10) (‘the Guidelines’), such deductions should be preferably operated from quotas allocated for stocks fished by the same fleet as the fleet that overfished the quota.

(8)	The Member States concerned have been consulted as regards certain deductions from fishing quotas allocated for stocks other than those which have been overfished. It is therefore appropriate to operate deductions from those alternative fishing quotas allocated to those Member States in 2023.

(9)	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) enable deductions from the same stocks in the framework of Implementing Regulation (EU) 2023/1661.

(10)

Moreover, certain deductions provided for by Implementing Regulation (EU) 2023/1661 exceed the adapted quota available in the year 2023 and, as a consequence, cannot be entirely operated in that year. According to the Guidelines, the remaining amounts should be deducted from the adapted quotas available in subsequent years until the full overfished amount is paid back.

(11)	Implementing Regulation (EU) 2023/1661 should therefore be amended accordingly.

(12)

The afore-mentioned 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 are to 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 by Portugal 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.

(13)	Further updates or corrections may still occur following the detection, for the current or previous exercises, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009,

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, referred to in 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) 2023/1661 is replaced by the text set out 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, 10 November 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) 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 (OJ L 210, 25.8.2023, p. 23).

(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) 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) 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 I

DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2023 TO BE APPLIED ON ALTERNATIVE STOCKS

OVERFISHED STOCKS

ALTERNATIVE STOCKS

Member State

Species code

Area code

Species name

Area name

Quantity that cannot be deducted from the 2023 fishing quota for the overfished stock (in tonnes)

Member State

Species code

Area code

Species name

Area name

Quantity to be deducted from the 2023 fishing quota for the alternative stocks (in tonnes)

DNK

HER

5B6ANB

Herring

6b and 6aN; United Kingdom and international waters of 5b

8,077

DNK

MAC

2CX14-

Mackerel

6, 7, 8a, 8b, 8d and 8e; United Kingdom and international waters of 5b; international waters of 2a, 12 and 14

8,077

DNK

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

2,038

DNK

HER

1/2-

Herring

United Kingdom, Faroese, Norwegian and international waters of 1 and 2

2,038

DNK

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

17,317

DNK

HER

1/2-

Herring

United Kingdom, Faroese, Norwegian and international waters of 1 and 2

17,317

ESP

GHL

1N2AB.

Greenland halibut

Norwegian waters of 1 and 2

33,521

ESP

HER

1/2-

Herring

United Kingdom, Faroese, Norwegian and international waters of 1 and 2

33,521

ESP

HAD

1N2AB.

Haddock

Norwegian waters of 1 and 2

17,409

ESP

REB

1N2AB.

Redfish

Norwegian waters of 1 and 2

17,409

ESP

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

53,171

ESP

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

53,171

ESP

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

8,163

ESP

HER

1/2-

Herring

United Kingdom, Faroese, Norwegian and international waters of 1 and 2

0,479

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

0,540

REB

1N2AB.

Redfish

Norwegian waters of 1 and 2

7,144

NLD

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

43,097

NLD

HER

1/2-

Herring

United Kingdom, Faroese, Norwegian and international waters of 1 and 2

43,097

POL

MAC

2A34.

Mackerel

3a; United Kingdom and Union waters of 2a, 3b, 3c, 3d and 4

10,934

POL

HER

3D-R30

Herring

Union waters of subdivisions 25-27, 28.2, 29 and 32

10,934

ANNEX II

The Annex to Implementing Regulation (EU) 2023/1661 is replaced by the following:

‘ANNEX

DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2023 FOR STOCKS WHICH HAVE BEEN OVERFISHED

Member 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 consumption related to permitted landings 2022

Over-fishing related to permitted landings 2022 (quantity in tonnes)

Multi-plying factor (2)

Additional Multi-plying factor (3), (4)

Out-standing deductions from previous year(s) (5) (quantity in tonnes)

Deductions from fishing quotas for 2023 (6) and subsequent years (quantity in tonnes)

Deductions from 2023 fishing quotas for the overfished stocks (7) (quantity in tonnes)

Deductions from 2023 fishing quotas for alternative stocks (quantity in tonnes)

To be deducted from fishing quotas for 2024 and subsequent year(s) (quantity in tonnes)

SRX

07D.

Skates and rays

134,000

136,500

137,765

100,93 %

1,265

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

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 (8)

1 109,676

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

71,000

72,800

92,797

127,47 %

19,997

1,00

19,997

COD

03AN.

Cod

Skagerrak

1 515,000

1 503,751

1 521,783

101,20 %

18,032

C (8)

18,032

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 (8)

38,270

HAD

03A.

Haddock

2 225,000

2 508,851

2 735,449

109,03 %

226,598

C (8)

226,598

HER

5B6ANB

Herring

6b and 6aN; United Kingdom and international waters of 5b

8,077

N/A

8,077

1,00

8,077

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

2,038

N/A

2,038

1,00

2,038

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

17,317

N/A

17,317

1,00

17,317

PRA

4N-S62

Northern prawn

Norwegian waters south of 62°N

200,000

203,000

205,041

101,01 %

2,041

SPR

03A.

Sprat and associated by-catches

8 422,000

20,186

34,428

170,55 %

14,242

1,00

14,242

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

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

COD

1/2B.

Cod

1 and 2b

9 688,000

9 290,212

9 409,547

101,28 %

119,335

A (8)

119,335

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

2 602,000

2 744,006

2 804,069

102,19 %

60,063

GHL

1N2AB.

Greenland halibut

Norwegian waters of 1 and 2

32,719

55,066

168,30 %

22,347

1,00

33,521

HAD

1N2AB.

Haddock

Norwegian waters of 1 and 2

0,554

17,963

3 242,42 %

17,409

1,00

17,409

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

35,447

N/A

35,447

1,00

53,171

POL

08C.

Pollack

149,000

172,001

173,627

100,95 %

1,626

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

17,250

25,413

147,32 %

8,163

1,00

8,163

REB

1N2AB.

Redfish

Norwegian waters of 1 and 2

106,000

103,211

104,593

101,34 %

1,382

RJU

9-C.

Undulate ray

Union waters of 9

15,000

18,000

19,348

107,49 %

1,348

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

RJE

7FG.

Small-eyed ray

7f and 7g

36,000

57,000

83,299

146,14 %

26,299

1,00

26,299

RJU

8-C.

Undulate ray

Union waters of 8

13,000

23,000

24,081

104,70 %

1,081

HER

6AS7BC

Herring

6aS, 7b, 7c

1 236,000

1 267,563

1 298,400

102,43 %

30,837

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

28,810

51,017

177,08 %

22,207

1,00

22,207

ALB

MED

Mediterranean albacore

Mediterranean Sea

41,190

49,876

121,09 %

8,686

1,00

8,686

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

4,000

47,097

1 177,43 %

43,097

1,00

43,097

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

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 (8)

2,841

BET

ATLANT

Bigeye tuna

Atlantic Ocean

3 106,230

3 022,850

3 206,898

106,09 %

184,048

/ (9)

184,048 (9)

RJU

9-C.

Undulate ray

Union waters of 9

15,000

32,000

33,907

105,96 %

1,907

SWO

AN05N

Swordfish

Atlantic Ocean, north of 5° N

1 161,840

1 687,840

1 738,632

103,01 %

50,792

/ (10)

50,792 (10)

I/F

04-N

Industrial fish

Norwegian waters of 4

800,000

808,349

101,04 %

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 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 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) Deductions to operate in 2023.

(7) Deductions to operate in 2023 that could be actually applied considering the available quota on 1 September 2023.

(8) Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.

(9) Recommendation 21-01 by ICCAT establishes that any excess of the annual adjusted quota in 2022 shall be deducted from the respective quota/catch limit for 2024.

(10) Recommendation 22-03 by ICCAT establishes that any excess of the annual adjusted quota in 2022 shall be deducted from the respective quota/catch limit for 2024.