Date: 2021-02-19Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2021/252 of 29 January 2021 operating a deduction from the Portuguese fishing quota available for anchovy, on account of overfishing in the previous year
Issued by European Commission
· Directorate-General for Maritime Affairs and Fisheries
**Executive Summary:**
Commission Implementing Regulation (EU) 2021/252 addresses the overfishing of anchovy by Portugal in ICES zones 9 and 10 and Union waters of CECAF area 34.1.1 during the period from 1 July 2019 to 30 June 2020. It mandates a deduction from Portugal's fishing quota for anchovy in the subsequent period, from 1 July 2020 to 30 June 2021, as specified in the Annex. This regulation took effect on the seventh day following its publication in the Official Journal of the European Union.
**Key Points / Main Content:**
* **Basis for the Regulation:**
* The regulation is based on Article 105(1, 2 & 3) of Regulation (EC) No 1224/2009, which establishes a Union control system for ensuring compliance with the rules of the common fisheries policy.
* It addresses the overfishing of anchovy (Engraulis encrasicolus) by Portugal in specific ICES and CECAF areas.
* **Quota Deduction:**
* Portugal exceeded its fishing quota for anchovy during the period from 1 July 2019 to 30 June 2020.
* A deduction will be applied to Portugal's anchovy fishing quota for the period from 1 July 2020 to 30 June 2021, as detailed in the Annex.
* **Implementation:**
* The specific amount of the quota deduction is outlined in the Annex of the regulation.
* The regulation is binding and directly applicable in all Member States.
* The regulation came into force on the seventh day following its publication in the Official Journal of the European Union.
**Impact Analysis**
* **Portugal:**
* *Impact:* Portugal's fishing quota for anchovy in ICES zones 9 and 10 and Union waters of CECAF area 34.1.1 is reduced for the period from 1 July 2020 to 30 June 2021.
* *Action Required:* Portugal must adjust its fishing activities to remain within the reduced quota limits specified in the Annex.
* **European Commission:**
* *Impact:* The Commission is responsible for ensuring the implementation and enforcement of the quota deduction.
* *Action Required:* The Commission must monitor Portugal's fishing activities to ensure compliance with the reduced quota.
* **Member States:**
* *Impact:* All Member States are bound by this regulation.
* *Action Required:* All Member States must acknowledge and respect the adjusted fishing quotas for Portugal.
* **Fishing Industry (Operating in relevant zones):**
* *Impact:* Businesses and individuals engaged in anchovy fishing in the specified areas may be indirectly affected by the reduction in Portugal's quota, potentially influencing competition and fishing opportunities.
* *Action Required:* Monitor changes to quotas and adjust fishing strategies accordingly.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Portugal: A country in Europe, identified in the document as having exceeded its fishing quota for anchovy.
Anchovy (Engraulis encrasicolus): A species of fish subject to fishing quotas, which Portugal exceeded.
Council Regulation (EC) No 1224/2009: A European Council Regulation establishing a Union control system for ensuring compliance with the rules of the common fisheries policy.
International Council for the Exploration of the Sea (ICES): An intergovernmental marine science organization.
Committee for Eastern Central Atlantic Fisheries (CECAF): A Food and Agriculture Organization (FAO) committee that promotes the sustainable development of fisheries in the Eastern Central Atlantic region.
Brussels: The de facto capital city of the European Union, where the regulation was adopted.
L 58/12 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 19.2.2021
COMMISSION IMPLEMENTING REGULATION (EU) 2021/252
of 29 January 2021
operating a deduction from the Portuguese fishing quota available for anchovy, on account of
overfishing 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 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(1), and in particular Article 105(1), (2) and (3)
thereof,
Whereas:
(1) Fishing quotas for anchovy (Engraulis encrasicolus) in International Council for the Exploration of the Sea (‘ICES’)
zones 9 and 10 and Union waters of Committee for Eastern Central Atlantic Fisheries (‘CECAF’) area 34.1.1
(ANE/9/3411) have been established by Council Regulation (EU) 2019/124(2), for the period from 1 July 2019 to
30 June 2020.
(2) Fishing quotas for anchovy (Engraulis encrasicolus) in ICES zones 9 and 10 and Union waters of CECAF area 34.1.1
(ANE/9/3411) have been established by Council Regulation (EU) 2020/123(3), for the period from 1 July 2020 to
30 June 2021.
(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) Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions have to be operated in the
following year or years by applying the respective multiplying factors as set out therein.
(5) Portugal has exceeded its fishing quota for anchovy (Engraulis encrasicolus) in ICES zones 9 and 10 and Union waters
of CECAF area 34.1.1 (ANE/9/3411) for the period from 1 July 2019 to 30 June 2020.
(6) It is therefore appropriate to operate a deduction on the fishing quota allocated to Portugal for the period from
1 July 2020 to 30 June 2021 and, where relevant, in subsequent years, for the overfished stock,
HAS ADOPTED THIS REGULATION:
Article 1
The fishing quota allocated to Portugal for anchovy (Engraulis encrasicolus) in International Council for the Exploration of the
Sea (ICES) zones 9 and 10 and Union waters of Committee for Eastern Central Atlantic Fisheries (CECAF) area 34.1.1
(ANE/9/3411), for the period from 1 July 2020 to 30 June 2021, fixed in Regulation (EU) 2020/123, shall be reduced as
set out in the Annex to this Regulation.
(1) OJ L 343, 22.12.2009, p. 1.
(2) 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).
(3) 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).19.2.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 58/13
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, 29 January 2021.
For the Commission
The President
Ursula VON DER LEYENANNEX
Member Species Area Species Area name Initial quota Permitted Total Quota Overfishing Multi- Addi- Out- Deductions
State code code name for the landings for catches for consum- related to plying tional standing to apply to
period the period the period ption permitted factor (2) Multi- deduc- the period
1 July 2019 1 July 2019 1 July 2019 related to landings plying tions from 1 July 2020 –
– 30 June – 30 June – 30 June permitted (quantity in factor (3), (4) previous 30 June 2021
2020 (in 2020 (Total 2020 landings (%) kilograms) year(s) (5) (quantity in
kilograms) adapted (quantity in (quantity kilograms)
quantity in kilograms) in
kilo- kilograms)
grams) (1)
PT ANE 9/3411 Anchovy ICES zones 9 and 10; 5 343 000 3 779 330 3 858 005 102,08 78 675 / / / 78 675
Union waters of CECAF
area 34.1.1
(1) Quotas available to a Member State pursuant to Regulation (EU) 2019/124 after taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of
the European Parliament and of the Council 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), quota transfers from 2018 to 2019 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3) and with Article 15(9) of Regulation (EU) No 1380/2013, or reallocation and
deduction of fishing opportunities in accordance with Articles 37 and 105 of 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 (OJ L 343,
22.12.2009, p. 1).
(2) As set out in Article 105(2) of Regulation (EC) No 1224/2009. Deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing equal to, or less than, 100 tonnes.
(3) As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.
(4) Letter ‘A’ indicates that an additional multiplying factor of 1,5 has been applied because the Member State has repeatedly overfished its quota over the previous 2 years. Letter ‘C’ indicates that an additional
multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.
(5) Remaining quantities from previous year(s).
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