COMMISSION IMPLEMENTING REGULATION (EU) 2021/2235

of 15 December 2021

operating deductions from fishing quotas available for certain stocks in 2021 in accordance with Council Regulation (EC) No 1224/2009 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2021/1420

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 2020 have been established by:

— Council Regulation (EU) 2018/2025 (2),

— Council Regulation (EU) 2019/1838 (3),

— Council Regulation (EU) 2019/2236 (4), and

— Council Regulation (EU) 2020/123 (5).

(2) Fishing quotas for the year 2021 have been established by:

— Council Regulation (EU) 2020/1579 (6),

— Council Regulation (EU) 2021/90 (7),

— Council Regulation (EU) 2021/91 (8), and

— Council Regulation (EU) 2021/92 (9).

(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) 2021/1420 (10) has established deductions from fishing quotas available for certain stocks in 2021 on account of overfishing in the previous years.

(5) For certain Member States, namely Denmark, Spain, Estonia, France and the Netherlands, certain deductions could not be operated by Implementing Regulation (EU) 2021/1420 from quotas allocated for the overfished stocks because quotas for these stocks are not available for those Member States in the year 2021.

(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 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. According to Commission Communication 2012/C 72/07 containing Guidelines for deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009 (11) (‘the Guidelines’) such deductions should be preferably operated in the following year or years from quotas allocated for stocks fished by the same fleet as the fleet that overfished the quota.

(7) The Member States concerned have been consulted in relation to the operation of certain deductions from quotas allocated for stocks other than those which have been overfished. It is therefore appropriate to operate deductions from those fishing quotas allocated to those Member States in 2021.

(8) Implementing Regulation (EU) 2021/1420 should therefore be amended accordingly.

(9) 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 2021 in Regulations (EU) 2020/1579, (EU) 2021/90, (EU) 2021/91, and (EU) 2021/92, 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) 2021/1420 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, 15 December 2021.

For the Commission

The President

Ursula VON DER LEYEN

(1)

OJ L 343, 22.12.2009, p. 1

(2) Council Regulation (EU) 2018/2025 of 17 December 2018 fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (

OJ L 325, 20.12.2018, p. 7

(3) Council Regulation (EU) 2019/1838 of 30 October 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2019/124 as regards certain fishing opportunities in other waters (

OJ L 281, 31.10.2019, p. 1

(4) Council Regulation (EU) 2019/2236 of 16 December 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (

OJ L 336, 30.12.2019, p. 14

(5) Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 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 25, 30.1.2020, p. 1

(6) Council Regulation (EU) 2020/1579 of 29 October 2020 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2020/123 as regards certain fishing opportunities in other waters (

OJ L 362, 30.10.2020, p. 3

(7) Council Regulation (EU) 2021/90 of 28 January 2021 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (

OJ L 31, 29.1.2021, p. 1

(8) 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

(9) Council Regulation (EU) 2021/92 of 28 January 2021 fixing for 2021 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 31, 29.1.2021 p. 31

(10) Commission Implementing Regulation (EU) 2021/1420 of 30 August 2021 operating deductions from fishing quotas available for certain stocks in 2021 on account of overfishing in the previous years (

OJ L 305, 31.8.2021, p. 10

(11) 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

) as amended by Communication 2019/C 192/03 (

OJ C 192, 7.6.2019, p. 5

ANNEX I

DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2021 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 2021 fishing quota for the overfished stock (in kilograms)

Member State

Species code

Area code

Species name

Area name

Quantity to be deducted from the 2021 fishing quota for the alternative stocks (in kilograms)

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

1 606

HER

1/2-

Herring

Union, Faroese, Norwegian and international waters of 1 and 2

1 606

DGS

15X14

Picked dogfish

Union and international waters of 1, 5, 6, 7, 8, 12 and 14

4 718

MAC

2CX14-

Mackerel

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

4 718

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

80 933

HER

1/2-

Herring

Union, Faroese, Norwegian and international waters of 1 and 2

80 933

GHL

1N2AB.

Greenland halibut

Norwegian waters of 1 and 2

33 603

COD

1/2B.

Cod

1 and 2b

33 603

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

22 078

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

22 078

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

16 377

RNG

5B67-

Roundnose grenadier

6 and 7; United Kingdom and international waters of 5b

34 000

GHL

1N2AB.

Greenland halibut

Norwegian waters of 1 and 2

8 988

REB

1N2AB.

Redfish

Norwegian waters of 1 and 2

8 988

NEP

08C.

Norway lobster

5 342

POL

08C.

Pollack

5 342

WHM

ATLANT

White marlin

Atlantic Ocean

2 450

BUM

ATLANT

Blue marlin

Atlantic Ocean

2 450

WHB

8C3411

Blue whiting

8c, 9 and 10; Union waters of CECAF 34.1.1

12 235

WHB

1X14

Blue whiting

Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14

12 235

ANNEX II

The Annex to Implementing Regulation (EU) 2021/1420 is replaced by the following:

‘ANNEX

DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2021 FOR STOCKS WHICH HAVE BEEN OVERFISHED

Mem-ber State

Species code

Area code

Species name

Area name

Initial quota 2020 (in kilo grams)

Permitted landings 2020 (Total adapted quantity in kilo grams) (1)

Total catches 2020 (quantity in kilo grams)

Quota con-sumption related to permitted landings

Overfishing related to permitted landing (quantity in kilograms)

Multi-plying factor (2)

Addit-ional Multi-plying factor(3),(4)

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

Deductions from fishing quotas for 2021(6) and subsequent years (quantity in kilo grams)

Deductions from 2021 fishing quotas for the overfished stocks(7) (quantity in kilo grams)

Deductions from 2021 fishing quotas for alternative stocks (quantity in kilo grams)

To be deducted from fishing quotas for 2022 and subsequent year(s) (quantity in kilo grams)

HER

4AB.

Herring

Union and Norwegian waters of 4 north of 53° 30′ N

39 404 000

18 997 930

20 355 612

107,15 %

1 357 682

MAC

2CX14-

Mackerel

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

23 416 000

21 146 443

22 858 079

108,09 %

1 711 636

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

1 606

N/A

1 606

1,00

1 606

DGS

15X14

Picked dogfish

Union and international waters of 1, 5, 6, 7, 8, 12 and 14

4 718

N/A

4 718

1,00

4 718

HER

03A.

Herring

10 309 000

7 482 731

7 697 049

102,86 %

214 318

HER

4AB.

Herring

Union and Norwegian waters of 4 north of 53° 30′ N

59 468 000

75 652 933

81 089 507

107,19 %

5 436 574

MAC

2A34.

Mackerel

3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32

19 998 000

17 987 493

18 625 387

103,55 %

637 894

MAC

2A4A-N

Mackerel

Norwegian waters of 2a and 4a

14 453 000

13 507 878

13 531 201

100,17 %

23 323

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

7 800

88 733

1 137,60 %

80 933

1,00

80 933

PRA

N1GRN.

Northern prawn

Greenland waters of NAFO 1

1 400 000

2 800 000

2 818 891

100,67 %

18 891

SAN

234_2R

Sandeel

Union waters of sandeels management area 2r

59 106 000

56 042 763

57 756 024

103,06 %

1 713 261 (9)

COD

1/2B.

Cod

1 and 2b

11 688 000

9 576 615

9 581 250

100,05 %

4 635

GHL

1N2AB.

Greenland halibut

Norwegian waters of 1 and 2

22 402

N/A

22 402

1,00

33 603

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

22 078

N/A

22 078

1,00

22 078

RJU

9-C.

Undulate ray

Union waters of 9

15 000

21 072

140,48 %

6 072

1,00

2 067

8 139

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

300 000

316 377

105,46 %

16 377

34 000

GHL

1N2AB.

Greenland halibut

Norwegian waters of 1 and 2

8 988

N/A

8 988

1,00

8 988

NEP

08C.

Norway lobster

5 342

N/A

5 342

1,00

5 342

WHM

ATLANT

White marlin

Atlantic Ocean

1 225

N/A

1 225

1,00

2 450

ALB

AN05N

Northern albacore

Atlantic Ocean, north of 5° N

2 891 010

2 743 260

2 938 449

107,12 %

195 189

C(8)

195 189

HER

3D-R30

Herring

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

4 253 000

6 135 144

6 138 817

100,06 %

3 673

C(8)

3 673

SPR

3BCD-C

Sprat

Union waters of subdivisions 22-32

29 073 000

28 618 753

28 635 182

100,06 %

16 429

C(8)

16 429

HER

4AB.

Herring

Union and Norwegian waters of 4 north of 53° 30′ N

51 717 000

50 896 907

51 002 687

100,21 %

105 780

WHB

8C3411

Blue whiting

8c, 9 and 10; Union waters of CECAF 34.1.1

12 235

N/A

12 235

1,00

12 235

HER

1/2-

Herring

Union, Faroese, Norwegian and international waters of 1 and 2

593 000

1 226 015

1 329 820

108,47 %

103 805

MAC

2CX14-

Mackerel

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

1 649 000

4 724 236

5 185 187

109,76 %

460 951

ALB

AN05N

Northern albacore

Atlantic Ocean, north of 5° N

2 273 970

1 638 457

1 595 315

97,37 %

-43 142 (10)

N/A

635 513 (11)

ALF

3X14-

Alfonsinos

Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14

164 000

155,278

158,601

102,14 %

3 323

A(8)

3 323

BET

ATLANT

Bigeye tuna

Atlantic Ocean

3 058 330

3 069 582

100,37 %

11 252

C(8)

11 252

HKE

8C3411

Hake

8c, 9 and 10; Union waters of CECAF 34.1.1

2 614 000

1 996 154

2 135 737

106,99 %

139 583

C(8)

139 583

SWO

AS05N

Swordfish

Atlantic Ocean, South of 5° N

299 030

309 761

103,59 %

10 731

’

(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 2019 to 2020 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 2018, 2019 and 2020. 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 2021.

(7) Deductions to operate in 2021 that could be actually applied considering the available quota on 7 September 2021.

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

(9) To be deducted from sandeel management area 3r.

(10) As Article 4 of Regulation (EC) No 847/96 is not applicable to the ALB/AN05N stock, this unused quantity cannot be utilised to reduce the remaining half of the deduction due in 2021.

(11) At Portugal’s request, the deduction of 1 271 026 kilos due in 2020 on account of overfishing in 2019 has been equally spread over two years (2020 and 2021).