# Commission Implementing Regulation (EU) 2016/2226 of 9 December 2016 operating deductions from fishing quotas available for certain stocks in 2016 on account of overfishing in the previous years, Introduction: Introductory text

Extent: E+W+S+N.I.

Commission Implementing Regulation (EU) 2016/2226
of 9 December 2016
operating deductions from fishing quotas available for certain stocks in 2016 on account of overfishing in the previous years
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, and in particular Article 105(1), (2) and (3) thereof,
Whereas:
(1)
Fishing quotas for the year 2015 have been established by:
Council Regulation (EU) No 1221/2014,
Council Regulation (EU) No 1367/2014,
Council Regulation (EU) 2015/104, and
Council Regulation (EU) 2015/106.
(2)
Fishing quotas for the year 2016 have been established by:
Council Regulation (EU) No 1367/2014,
Council Regulation (EU) 2015/2072,
Council Regulation (EU) 2016/72, and
Council Regulation (EU) 2016/73.
(3)
According 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)
Certain Member States have exceeded their fishing quotas for the year 2015. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2016 and, where relevant, in subsequent years, for the overfished stocks.
(6)
Commission Implementing Regulation (EU) 2015/1801 and Commission Implementing Regulation (EU) 2015/2404 have provided for deductions from fishing quotas for certain countries and species for 2015. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2015 and could therefore not be operated entirely in that year. To ensure that in such cases the full amount for the respective stocks be deducted, the remaining quantities should be taken into account when establishing deductions for 2016 and, where appropriate, from subsequent quotas.
(7)
By letter dated 25 October 2015, pursuant to Article 3(3) of Council Regulation (EC) No 847/96, Germany requested Commission's permission to land additional quantities of turbot and brill in Union waters of IIa and IV (T/B/2AC4-C) within the limits of 10 % of the quota. The additional quantities granted under that procedure should be considered as exceeding permitted landings for the purpose of the deductions envisaged in Article 105 of Regulation (EC) No 1224/2009.
(8)
Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2016 quotas pursuant to Commission Implementing Regulation (EU) No 185/2013.
(9)
Since quotas are expressed in tonnes, quantities below 1 tonne should not be considered,
HAS ADOPTED THIS REGULATION:

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Source: https://www.legislation.gov.uk/eur/2016/2226/introduction (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-2226/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.