LegalizeCommission Implementing Regulation (EU) 2020/1155 of 30 July 2020 adding to the 2020 fishing quotas certain quantities withheld in the year 2019 pursuant to Article 4(2) of Council Regulation (EC) No 847/96
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (1), and in particular Article 4(2) thereof,
Whereas:
(1) Pursuant to Article 4(2) of Regulation (EC) No 847/96, Member States may, before 31 October of the year of application of a fishing quota allocated to them, ask the Commission to withhold a maximum of 10 % of the quota and to transfer it to the following year.
(2) Council Regulations (EU) 2018/1628 (2), (EU) 2018/2025 (3), (EU) 2018/2058 (4) and (EU) 2019/124 (5) fix fishing quotas for certain stocks for 2019 and specify which stocks may be subject to the measures provided for in Regulation (EC) No 847/96.
(3) Council Regulations (EU) 2018/2025, (EU) 2019/1838 (6), (EU) 2019/2236 (7) and (EU) 2020/123 (8) fix fishing quotas for certain stocks for 2020.
(4) Certain Member States have requested, before 31 October 2019, pursuant to Article 4(2) of Regulation (EC) No 847/96, that part of their quotas for 2019 for the stocks listed in the Annex to this Regulation be withheld and transferred to the following year. Subject to the limits indicated in that Regulation, the quantities withheld should be added to the quotas for 2020.
(5) For the purposes of this flexibility exercise, the eligibility of requested stock transfers and the state of exploitation of these stocks have been verified and taken into account. Therefore these stocks can be subject to the transfer of quota withheld from 2019 to 2020 in line with Article 4(2) of Regulation (EC) No 847/96.
(6) Article 8 of Regulation (EU) 2019/124 provides for a quota exchanges mechanism for Member States having no quota for certain by-catches. Pursuant to Article 8(3) of that Regulation, the quantities drawn from this pool may not be transferred to the following year. In 2019, The Netherlands benefited from this mechanism as regards cod in areas 7b, 7c, 7e-k, 8, 9 and 10; Union waters of CECAF 34.1.1 (COD/7XAD34) of which unused quantities may not be carried over to 2020. However, the Netherlands also increased their quota for this stock thanks to a transfer of 0,102 tonne allocated in accordance with Commission Implementing Regulation (EU) 2019/1704 (9). Therefore, a maximum of 10 % of this quantity solely may be carried over to the following year.
(7) In order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources, hinder the achievement of the objectives of the Common Fisheries Policy and deteriorate the biological status of the stocks, the year-to-year flexibility provided for by Article 15(9) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (10) is excluded for the stocks listed in the Annex to this Regulation.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
The fishing quotas fixed for 2020 in Regulations (EU) 2018/2025, (EU) 2019/1838, (EU) 2019/2236 and (EU) 2020/123 are increased 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, 30 July 2020.
For the Commission The President Ursula VON DER LEYEN
(2) Council Regulation (EU) 2018/1628 of 30 October 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2018/120 as regards certain fishing opportunities in other waters (OJ L 272, 31.10.2018, p. 1).
(3) 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).
(4) Council Regulation (EU) 2018/2058 of 17 December 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 329, 27.12.2018, p. 8).
(5) Council Regulation (EU) 2019/124 of 30 January 2019 fixing for 2019 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 29, 31.1.2019, p. 1).
(6) 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).
(7) 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).
(8) 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).
(9) Commission Implementing Regulation (EU) 2019/1704 of 9 October 2019 adding to the 2019 fishing quotas certain quantities withheld in the year 2018 pursuant to Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 260, 11.10.2019, p. 13).
(10) 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).