2024/2407

16.9.2024

COMMISSION IMPLEMENTING REGULATION (EU) 2024/2407

of 13 September 2024

on operating deductions from fishing quotas available for certain stocks in 2024 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 2023 have been established by Council Regulations (EU) 2022/2090 (2), (EU) 2023/194 (3) and (EU) 2023/195 (4).

(2) Fishing quotas for the year 2024 have been established by Council Regulations (EU) 2023/194, (EU) No 2023/2638 (5), (EU) 2024/257 (6) and (EU) 2024/259 (7).

(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 2023. Deductions should therefore be operated on the fishing quotas allocated to them in 2024 and, where relevant, in subsequent years, for the overfished stocks.

(6) Commission Implementing Regulations (EU) 2023/1661 (8) and (EU) 2023/2480 (9) have set out deductions from fishing quotas for certain Member States and species for 2023. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2023 and could therefore not be operated entirely in that year. Pursuant to point 2 of Communication from the Commission on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009 (10) (‘the Guidelines’) and to ensure that in such cases the full amount for the respective stocks is deducted, the remaining quantities should be taken into account when establishing deductions for 2024 and, where appropriate, from subsequent quotas.

(7) Point 1 of the Guidelines states that, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations is to be adapted 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 (11) as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish (12) provide that any excess of the annual adjusted quota in the year 2022 is 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 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 be applied in 2024. Consequently, the deductions established by Implementing Regulation (EU) 2023/1661 on account of overfishing in 2022, by Portugal, of its quotas for BET/ATLANT and SWO/AN05N should be operated on its respective quotas for 2024. The provision set by Recommendation 22-03 is also applicable to overage of annual catch limits for SWO/AN05N in 2023 which is to be deducted from the annual catch limits for 2025.

(8) Similarly, Recommendation 19-05 by ICCAT establishing a rebuilding programme for blue marlin (13) provides that any excess of the annual landings limits fixed for the year 2023 are to be deducted from the landings limits during 2025. Therefore, deductions on account of overfishing in 2023 for the stock of blue marlin in the Atlantic Ocean (BUM/ATLANT) should be applied only in 2025.

(9) Based on the data transmitted by France, it appears that the 2023 shared quota amounting to 129,840 tonnes and allocated to ‘Other Member States’ – among which France – exclusively for the by-catches of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N_AMS) as established by Regulation (EU) 2023/194 has been exceeded. Considering that France reported catches amounting to 161,053 tonnes under this ‘Other Member States’ quota, a deduction on account of this overfishing should be operated on the French quota. This deduction should be applied only in 2025 in accordance with ICCAT Recommendation 22-03.

(10) 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.

(11) 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 2024 in Regulations (EU) 2023/194, (EU) No 2023/2638, (EU) 2024/257 and (EU) 2024/259 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, 13 September 2024.

For the Commission

The President

Ursula VON DER LEYEN

(1)

OJ L 343, 22.12.2009, p. 1

, ELI:

http://data.europa.eu/eli/reg/2009/1224/oj

(2) 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

http://data.europa.eu/eli/reg/2022/2090/oj

(3) 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

, ELI:

http://data.europa.eu/eli/reg/2023/194/oj

(4) 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

, ELI:

http://data.europa.eu/eli/reg/2023/195/oj

(5) Council Regulation (EU) 2023/2638 of 20 November 2023 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2024 and amending Regulation (EU) 2023/194 as regards certain fishing opportunities in other waters (

OJ L, 2023/2638, 22.11.2023, ELI: http://data.europa.eu/eli/reg/2023/2638/oj

(6) Council Regulation (EU) 2024/257 of 10 January 2024 fixing for 2024, 2025 and 2026 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2023/194 (

OJ L, 2024/257, 11.1.2024, ELI: http://data.europa.eu/eli/reg/2024/257/oj

(7) Council Regulation (EU) 2024/259 of 10 January 2024 fixing for 2024 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (

OJ L, 2024/259, 11.1.2024, ELI: http://data.europa.eu/eli/reg/2024/259/oj

(8) 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

, ELI:

http://data.europa.eu/eli/reg_impl/2023/1661/oj

(9) 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 (

OJ L, 2023/2480, 13.11.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2480/oj

(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) Recommendation 21-01 by ICCAT replacing Recommendation 19-02 replacing Recommendation 16-01 on a multi-annual conservation and management programme for tropical tunas. (

https://www.iccat.int/Documents/Recs/compendiopdf-e/2022-01-e.pdf

(12) Recommendation 22-03 by ICCAT replacing supplemental recommendation 21-02 extending and amending Recommendation 17-02 for the conservation of North Atlantic swordfish. (

https://www.iccat.int/Documents/Recs/compendiopdf-e/2022-03-e.pdf

(13) Recommendation 19-05 by ICCAT to establish rebuilding programmes for blue marlin and white marlin/roundscale spearfish (

https://www.iccat.int/Documents/Recs/compendiopdf-e/2019-05-e.pdf

ANNEX

DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2024 FOR STOCKS WHICH HAVE BEEN OVERFISHED

Mem-ber State

Species code

Area code

Species name

Area name

Initial quota 2023 (in tonnes)

Permitted landings 2023 (Total adapted quantity in tonnes)(1)

Total catches 2023 (quantity in tonnes)

Quota con-sumption related to permitted landings

Overfishing related to permitted landing (quantity in tonnes)

Multi-plying factor(2)

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

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

Deductions to apply in 2024 (quantity in tonnes)

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

89,000

90,320

101,48 %

1,320

19,997

21,317

HAD

*03A-C

Haddock

Union waters of 3a (special condition to HAD/2AC4.)

249,500

271,800

325,598

119,79 %

53,798

1,00

80,697

HAD

03A.

Haddock

2 892,000

2 682,402

2 732,065

101,85 %

49,663

C(6)

49,663

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

4,288

N/A

4,288

1,00

4,288

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

61 646,000

77 238,647

82 097,607

106,29 %

4 858,960

ALB

MED

Mediterranean albacore

Mediterranean Sea

103,030

133,030

135,312

101,72 %

2,282

BUM

ATLANT

Blue marlin

Atlantic Ocean

22,770

49,770

55,108

110,72 %

5,338 (7)

1,00

N/A(7)

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

2 321,000

2 562,590

2 562,586

100,00 %

– 0,004 (8)

60,063

GHL

N3LMNO

Greenland halibut

NAFO 3LMNO

4 162,000

4 607,124

4 666,576

101,29 %

59,452

HAD

1N2AB.

Haddock

Norwegian waters of 1 and 2

2,636

86,058

3 264,72 %

83,422

1,00

125,133

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

78,129

N/A

78,129

1,00

117,194

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

14,306

N/A

14,306

1,00

14,306

RJU

8-C.

Undulate ray

Union waters of 8

10,000

12,138

121,38 %

2,138

1,00

2,138

RJU

9-C.

Undulate ray

Union waters of 9

15,000

20,000

24,008

120,04 %

4,008

1,00

1,348

5,356

SOL

7HJK.

Common sole

7h, 7j and 7k

2,500

15,458

618,32 %

12,958

1,00

19,437

SOL

8AB.

Common sole

8a and 8b

6,000

7,000

19,988

285,54 %

12,988

1,00

19,482

GHL

1N2AB.

Greenland halibut

Norwegian waters of 1 and 2

16,600

20,889

125,84 %

4,289

1,00

4,289

HAD

1N2AB.

Haddock

Norwegian waters of 1 and 2

150,000

171,060

179,080

104,69 %

8,020

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

36,000

44,547

123,74 %

8,547

1,00

8,547

RJE

7FG.

Small-eyed ray

7f and 7g

24,000

10,701

23,296

217,70 %

12,595

1,00

12,595

SWO

AN05N_AMS

Swordfish

Atlantic Ocean, north of 5° N

129,840 (9)

161,053

124,03 %

31,213 (7)

1,00

N/A(7)

ARA

GF19-21

Blue and red shrimp

GSAs 19-20-21 (Ionian Sea)

250,000

259,823

103,93 %

9,823

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

21,593

34,653

160,48 %

13,060

1,00

13,060

MAC

2A34-N

Mackerel

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

254,490

N/A

254,490

2,00

636,275

BET

ATLANT

Bigeye tuna

Atlantic Ocean

N/A

184,048

GHL

1N2AB.

Greenland halibut

Norwegian waters of 1 and 2

64,738

N/A

64,738

1,00

64,738

JAX

08C.

Horse mackerel

188,000

100,000

101,605

101,60 %

1,605

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

18,012

N/A

18,012

1,00

18,012

SWO

AN05N

Swordfish

Atlantic Ocean, north of 5° N

N/A

50,792

SWO

AN05N

Swordfish

Atlantic Ocean, north of 5° N

1 155,830

1 930,090

1 966,680

101,90 %

36,590 (7)

N/A(7)

SRX

89-C.

Skates and rays

Union waters of 8 and 9

1 696,000

1 551,000

1 573,265

101,44 %

22,265

(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

, ELI:

http://data.europa.eu/eli/reg/2013/1380/oj

), quota transfers from 2022 to 2023 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

, ELI:

http://data.europa.eu/eli/reg/1996/847/oj

) 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 2021, 2022 and 2023. 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 %.

(7) To be deducted in 2025 in line with relevant ICCAT Recommendation.

(8) As Article 4 of Regulation (EC) No 847/96 is not applicable this stock, this unused quantity cannot be utilised to reduce the deduction due in 2024.

(9) By-catch quota available to ‘Other Member States’ among which France.

ELI: http://data.europa.eu/eli/reg_impl/2024/2407/oj

ISSN 1977-0677 (electronic edition)