Commission Implementing Regulation (EU) No 1016/2011 of 23 September 2011 operating deductions from fishing quotas available for certain stocks in 2011, on account of overfishing of those stocks in the previous year

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 Community 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) and (2) thereof,

Whereas:

(3) According to paragraph 1 of Article 105 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, it shall operate deductions from future fishing quotas of that Member State.

(4) Paragraphs 2 and 3 of Article 105 of Regulation (EC) No 1224/2009 provide that such deductions shall be operated in the following year or years by applying certain multiplying factors as set out therein.

(5) Certain Member States have exceeded their fishing quotas for the year 2010. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2011 and, where appropriate, in subsequent years, for the overfished stocks.

(6) Commission Regulation (EU) No 1004/2010 (10) has operated deductions from fishing quotas for 2010. However, for certain Member States the deductions to be applied were higher than their respective 2010 quota and could therefore not be operated entirely in that year. To ensure that also in such cases the full amount be deducted, the remaining quantities should be taken into account when establishing deductions from 2011 and, where appropriate, subsequent quotas.

HAS ADOPTED THIS REGULATION:

Article 1

The fishing quotas fixed in Regulations (EU) No 1124/2010, (EU) No 1225/2010, (EU) No 1256/2010, and (EU) No 57/2011 for the year 2011 are reduced as shown in the Annex.

Article 2

The fishing quotas that may be allocated to Member States in 2012 and, where appropriate, in subsequent years shall be reduced as shown in the Annex.

Article 3

Articles 1 and 2 shall apply without prejudice to reductions provided for in Regulations (EC) No 147/2007, (EC) No 635/2008, (EU) No 165/2011 and Implementing Regulation (EU) No 1021/2011.

Article 4

This Regulation shall enter into force on the seventh day following 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, 23 September 2011.

For the Commission The President José Manuel BARROSO

(1) OJ L 343, 22.12.2009, p. 1.

(2) OJ L 352, 31.12.2008, p. 1.

(3) OJ L 330, 16.12.2009, p.1.

(4) OJ L 347, 24.12.2009, p. 1.

(5) OJ L 21, 26.1.2010, p. 1.

(6) OJ L 318, 4.12.2010, p.1.

(7) OJ L 336, 21.12.2010, p.1.

(8) OJ L 343, 29.12.2010, p. 2.

(9) OJ L 24, 27.1.2011, p. 1.

(10) OJ L 291, 9.11.2010, p. 31.

(11) OJ L 46, 16.2.2007, p. 10.

(12) OJ L 176, 4.7.2008, p. 8.

(13) OJ L 48, 23.2.2011, p. 11.

(14) See page 16 of this Official Journal.