Commission Implementing Regulation (EU) 2023/1491 of 19 July 2023 adding to the 2023 fishing quotas certain quantities withheld in the year 2022 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) According to Article 4(2) of Regulation (EC) No 847/96, for certain stocks subject to an analytical TAC, a Member State to which a relevant quota has been allocated may ask the Commission, before 31 October of the year of application of the quota, to withhold a maximum of 10 % of its quota to be transferred to the following year.

(2) Council Regulations (EU) 2021/1888 (2), (EU) 2022/109 (3) and (EU) 2022/110 (4) fix fishing quotas for certain fish stocks for 2022 and specify which fish stocks may be subject to the measures provided for in Regulation (EC) No 847/96.

(3) Council Regulations (EU) 2022/2090 (5), (EU) 2023/194 (6) and (EU) 2023/195 (7) fix fishing quotas for certain fish stocks for 2023.

(4) Certain Member States requested, before 31 October 2022, that part of their quotas for 2022 for certain fish stocks be withheld and transferred to 2023. The fish stocks whose transfer is requested and their state of exploitation fulfil the conditions for such transfer laid down in Regulation (EC) No 847/96. Subject to the limits provided for in that Regulation, the quantities withheld should be added to the quotas for 2023.

(5) 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, where a Member State has already used the year-to-year flexibility provided for under Article 15(9) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (8) in respect of a particular stock, no carry-over of unused fishing quotas should apply under Article 4 of Regulation (EC) No 847/96 and vice-versa.

(6) 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 2023 in Regulations (EU) 2022/2090, (EU) 2023/194 and (EU) 2023/195 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, 19 July 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 115, 9.5.1996, p. 3.

(2) Council Regulation (EU) 2021/1888 of 27 October 2021 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2021/92 as regards certain fishing opportunities in other waters (OJ L 384, 29.10.2021, p. 1).

(3) Council Regulation (EU) 2022/109 of 27 January 2022 fixing for 2022 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 21, 31.1.2022, p. 1).

(4) Council Regulation (EU) 2022/110 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 21, 31.1.2022, p. 165).

(5) 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).

(6) 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).

(7) 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).

(8) 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).