Commission Implementing Regulation (EU) 2022/2458

Contents

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^note, and in particular Article 105 (1), (2), (3) and (5) thereof,Whereas:

(1)Fishing quotas for the year 2021 have been established by Council Regulations (EU) 2020/1579^note, (EU) 2021/90^note, (EU) 2021/91^note and (EU) 2021/92^note.

(2)Fishing quotas for the year 2022 have been established by Council Regulations (EU) 2021/91, (EU) 2021/1888^note, (EU) 2022/109^note and (EU) 2022/110^note.

(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) 2022/1926^note has established deductions from fishing quotas available for certain fish stocks in 2022 on account of overfishing in the previous years.

(5)For certain Member States, namely Spain, France, Lithuania and Poland, certain deductions could not be operated by Implementing Regulation (EU) 2022/1926 from fishing quotas allocated for the overfished stocks because quotas for these stocks are not available for those Member States in the year 2022.

(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^note (‘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 2022.

(9)Considering that thornback ray in area 7d (RJC/07D.) is a subspecies of the stock ‘skates and rays’ in area 7d (SRX/07D.), the deduction due by Ireland on account of its overfishing of thornback ray in area 7d pursuant to Implementing Regulation (EU) 2022/1926 is operated on the fishing quota for skates and rays in area 7d available to Ireland for 2022.

(10)In 2021, Portugal overfished its fishing quota for anchovy in area 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411). On 22 August 2022, Portugal requested to spread the deduction due – including a multiplying factor of 1,4 pursuant to Article 105(2) of Regulation (EC) No 1224/2009 – over three years. According to point 3(a) of the Guidelines, spreading a deduction over two or more years may be accepted where the fish is sustainably managed on the basis of the relevant scientific advice for the stock concerned. According to acoustic surveys monitoring the distribution of abundance and biomass and the study of several biological parameters of anchovy carried out every year, the estimated biomass for anchovy in 2022 increased by 64 % compared to 2021 surveys. The Portuguese scientific institute IPMA (Instituto Português do Mar e da Atmosfera), in collaboration with the Spanish scientific institute IEO (Instituto Español de Oceanografía), test a new harvest control rule by means of a Management Strategy Evaluation. Awaiting a planned benchmark of the International Council for the Exploration of the Sea (ICES) for this stock, a spreading of the deduction over two years rather than three years can be accepted.

(11)On the basis of the last updated data transmitted by France on 9 September 2022, it appears that the 2021 shared quota of 1 tonne allocated to ‘Other’ for white marlin in the Atlantic Ocean (WHM/ATLANT_AMS) as established in Regulation (EU) 2021/92 – and under which France was allowed to fish – has been exceeded. Considering that France reported catches amounting to 2972 kilograms under this ‘Other’ quota, a deduction on account of this overfishing – including a multiplying factor of 1,5 pursuant to Article 105(3)(c) of Regulation (EC) No 1224/2009 – should be operated on the fishing quota for white marlin in the Atlantic Ocean available to France for 2022. The corresponding deduction should consequently be added to the Annex to Implementing Regulation (EU) 2022/1926.

(12)Implementing Regulation (EU) 2022/1926 should therefore be amended accordingly.

(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 2022 in Regulations (EU) 2021/91, (EU) 2021/1888, (EU) 2022/109 and (EU) 2022/110, 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) 2022/1926 is replaced by the text set out in Annex II to this Regulation.

Article 3 #

The Portuguese deduction of 2954,752 tonnes applicable in 2022 due to overfishing in 2021 in relation to the stock of anchovy in area 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411) is spread over two years.The applicable annual deduction shall amount to 1477,376 tonnes in 2022 and 2023 without prejudice to any further quota adaptation due to possible subsequent overfishing.

Article 4 #

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

Annex I · Deductions from fishing quotas for the year 2022 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 2022 fishing quota for the overfished stock (in kilograms)	Member State	Species code	Area code	Species name	Area name	Quantity to be deducted from the 2022 fishing quota for the alternative stocks (in kilograms)
ESP	GHL	1N2AB.	Greenland halibut	Norwegian waters of 1 and 2	56667	ESP	COD	1/2B.	Cod	1 and 2b	56667
ESP	HAD	1N2AB.	Haddock	Norwegian waters of 1 and 2	19059	ESP	COD	1/2B.	Cod	1 and 2b	7627
REB	1N2AB.	Redfish	Norwegian waters of 1 and 2	11432
ESP	OTH	1N2AB.	Other species	Norwegian waters of 1 and 2	41357	ESP	REB	1N2AB.	Redfish	Norwegian waters of 1 and 2	41357
FRA	RED	51214S	Redfishes	Union and international waters of 5; international waters of 12 and 14	3516	FRA	BLI	5B67-	Blue ling	6 and 7; United Kingdom and international waters of 5	3516
LTU	HER	4AB.	Herring	United Kingdom, Union and Norwegian waters of 4 north of 53°30' N	13592	LTU	MAC	2CX14-	Mackerel	6, 7, 8a, 8b, 8d and 8e; United Kingdom and international waters of 5b; international waters of 2a, 12 and 14	13592
POL	MAC	2A34.	Mackerel	United Kingdom and Union waters of 2a, 3 and 4	63850	POL	HER	3D-R30	Herring	Union waters of subdivisions 25-27, 28.2, 29 and 32	63850

Annex II

The Annex to Implementing Regulation (EU) 2022/1926 is replaced by the following:

‘DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2022 FOR STOCKS WHICH HAVE BEEN OVERFISHEDMem-ber State | Species code | Area code | Species name | Area name | Initial quota 2021 (in kilo grams) | Permitted landings 2021 (Total adapted quantity in kilo grams) | Total catches 2021 (quantity in kilo grams) | Quota con-sumption related to permitted landings (in %) | Overfishing related to permitted landing (quantity in kilograms) | Multi-plying factor | Addit-ional Multi-plying factor , | Out-standing deductions from previous year(s) (quantity in kilo grams) | Deductions from fishing quotas for 2022 and subsequent years (quantity in kilo grams) | Deductions from 2022 fishing quotas for the overfished stocks (quantity in kilo grams) | Deductions from 2022 fishing quotas for alternative stocks (quantity in kilo grams) | To be deducted from fishing quotas for 2023 and subsequent year(s) (quantity in kilo grams)CYP | SWO | MED | Swordfish | Mediterranean Sea | 52230 | 52230 | 55703 | 106,65 % | 3473 | / | C | / | 3473 | 3473 | / | /DEU | HER | 4AB. | Herring | United Kingdom, Union and Norwegian waters of 4 north of 53°30' N | 33852000 | 17152318 | 18844967 | 109,87 % | 1692649 | / | A | / | 1692649 | 1692649 | / | /DNK | COD | 03AN. | Cod | Skagerrak | 1515000 | 1556000 | 1598949 | 102,76 % | 42949 | / | C | / | 42949 | 42949 | / | /DNK | HER | 4AB. | Herring | United Kingdom, Union and Norwegian waters of 4 north of 53°30' N | 49993000 | 49711223 | 51805988 | 104,21 % | 2094765 | / | / | / | 2094765 | 2094765 | / | /ESP | COD | 1/2B. | Cod | 1 and 2b | 11331000 | 8580172 | 8604667 | 100,29 % | 24495 | / | A | / | 24495 | 24495 | / | /ESP | GHL | 1N2AB. | Greenland halibut | Norwegian waters of 1 and 2 | / | 6000 | 43778 | 729,63 % | 37778 | 1,00 | A | / | 56667 | / | 56667 | /ESP | HAD | 1N2AB. | Haddock | Norwegian waters of 1 and 2 | / | 0 | 19059 | N/A | 19059 | 1,00 | / | / | 19059 | / | 19059 | /ESP | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | / | 0 | 27571 | N/A | 27571 | 1,00 | A | / | 41357 | / | 41357 | /EST | GHL | N3LMNO | Greenland halibut | NAFO 3LMNO | 331000 | 502500 | 515085 | 102,50 % | 12585 | / | / | / | 12585 | 12585 | / | /FRA | RED | 51214S | Redfishes | Union and international waters of 5; international waters of 12 and 14 | 0 | 0 | 3516 | N/A | 3516 | 1,00 | / | / | 3516 | / | 3516 | /FRA | WHM | ATLANT | White Marlin | Atlantic Ocean | 1000 | 1000 | 2972 | 297,20 % | 1972 | 1,00 | C | / | 2958 | 2958 | / | /GRC | BFT | AE45WM | Bluefin tuna | Atlantic Ocean, east of 45° W, and Mediterranean | 314030 | 314030 | 322640 | 102,74 % | 8610 | / | C | / | 8610 | 8610 | / | /IRL | HER | 6AS7BC | Herring | 6aS, 7b, 7c | 1236000 | 1513457 | 1605894 | 106,11 % | 92437 | / | / | / | 92437 | 92437 | / | /IRL | RJC | 07D. | Thornback ray | 7d | / | 0 | 1741 | N/A | 1741 | 1,00 | / | / | 1741 | 1741 | / | /LTU | HER | 4AB. | Herring | United Kingdom, Union and Norwegian waters of 4 north of 53°30' N | / | 452600 | 466192 | 103,00 % | 13592 | / | / | / | 13592 | / | 13592 | /LVA | SPR | 3BCD-C | Sprat | Union waters of subdivisions 22-32 | 30845000 | 28709205 | 29084587 | 101,31 % | 375382 | / | C | / | 375382 | 375382 | / | /NLD | HER | 4AB. | Herring | United Kingdom, Union and Norwegian waters of 4 north of 53°30' N | 46381000 | 45488813 | 46533481 | 102,30 % | 1044668 | / | / | / | 1044668 | 1044668 | / | /POL | MAC | 2A34. | Mackerel | United Kingdom and Union waters of 2a, 3 and 4 | / | 0 | 63850 | N/A | 63850 | 1,00 | / | / | 63850 | / | 63850 | /PRT | ALF | 3X14- | Alfonsinos | Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 | 145000 | 136677 | 139363 | 101,97 % | 2686 | / | / | / | 2686 | 2686 | / | /PRT | ANE | 9/3411 | Anchovy | 9 and 10; Union waters of CECAF 34.1.1 | 7829000 | 8752733 | 10863270 | 124,11 % | 2110537 | 1,40 | / | / | 2954752 | 1477376 | / | 1477376PRT | ANF | 8C3411 | Anglerfishes | 8c, 9 and 10; Union waters of CECAF 34.1.1 | 584000 | 648238 | 657235 | 101,39 % | 8997 | / | C | / | 8997 | 8997 | / | /PRT | BFT | AE45WM | Bluefin tuna | Atlantic Ocean, east of 45° W, and Mediterranean | 572970 | 572970 | 583215 | 101,79 % | 10245 | / | C | / | 10245 | 10245 | / | /PRT | HKE | 8C3411 | Hake | 8c, 9 and 10; Union waters of CECAF 34.1.1 | 2483000 | 2093417 | 2207568 | 105,45 % | 114151 | / | C | / | 114151 | 114151 | / | /SWE | HER | 03A. | Herring | 3a | 9498000 | 13085112 | 13223209 | 101,06 % | 138097 | / | / | / | 138097 | 138097 | / | /

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