Commission Implementing Regulation (EU) No 1021/2011 of 14 October 2011 operating deductions from fishing quotas available for certain stocks in 2011, on account of overfishing of other 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), (2) and (5) thereof,

After consulting the Member States concerned in accordance with Article 105(5) of Regulation (EC) No 1224/2009,

Whereas:

(3) According to paragraphs 1, 2 and 3 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 by applying certain multiplying factors as set out therein.

(4) Paragraph 5 of Article 105 of Regulation (EC) No 1224/2009 provides that, if a deduction cannot be operated pursuant to paragraphs 1 and 2 of that Article on the quota of the stock that was overfished because that quota is not sufficiently available to the Member State concerned, the Commission, after consultation of the Member State concerned, may deduct in the following year or years quotas for other stocks or groups of stocks available to that Member State in the same geographical area, or with the same commercial value.

(5) Certain Member States have no quota available in 2011 for some stocks which they overfished in 2010. In such cases, it is appropriate to operate such deductions on quotas available to those Member States for other stocks in the same geographical area, taking into account the need to avoid discards in mixed fisheries.

(6) Concerned Member States have been consulted with regard to proposed deductions and suggested certain changes which should be taken into account by the Commission to the extent justified.

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

Article 1 shall apply without prejudice to reductions provided for in Regulations (EC) No 147/2007 and Implementing Regulation (EU) No 1016/2011.

Article 3

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, 14 October 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 46, 16.2.2007, p. 10.

(11) See page 1 of this Official Journal.