title: Commission Implementing Regulation (EU) 2017/2300 of 12 December 2017 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Implementing Regulation (EU) 2015/82 on imports of citric acid originating in the People's Republic of China by imports of citric acid consigned from Cambodia, whether declared as originating in Cambodia or not, and making such imports subject to registration

text:
               13.12.2017

               EN

               Official Journal of the European Union

               L 329/39

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2300
   of 12 December 2017
   initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Implementing Regulation (EU) 2015/82 on imports of citric acid originating in the People's Republic of China by imports of citric acid consigned from Cambodia, whether declared as originating in Cambodia or not, and making such imports subject to registration
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Articles 13(3) and 14(5) thereof,
   After having informed the Member States,
   Whereas:
   A.   REQUEST

               (1)

               The European Commission (‘the Commission’) has received a request pursuant to Articles 13(3) and 14(5) of Regulation (EU) 2016/1036 (‘the basic Regulation’) to investigate the possible circumvention of the anti-dumping measures imposed on imports of citric acid originating in the People's Republic of China and to make imports of citric acid consigned from Cambodia, whether declared as originating in Cambodia or not, subject to registration.

               (2)

               The request was lodged on 30 October 2017 by the European industry manufacturing citric acid.

         B.   PRODUCT

               (3)

               The product concerned by the possible circumvention is citric acid (including trisodium citrate dihydrate), falling within CN ex codes 2918 14 00 (TARIC code 2918140090) and ex 2918 15 00 (TARIC code 2918150019) and originating in the People's Republic of China (‘the product concerned’).

               (4)

               The product under investigation is the same as that defined in the previous recital, but consigned from Cambodia, whether declared as originating in Cambodia or not, currently falling within the same CN codes as the product concerned (‘the product under investigation’).

         C.   EXISTING MEASURES

               (5)

               The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Commission Implementing Regulation (EU) 2015/82 (2) on the product concerned (‘the existing measures’).

         D.   GROUNDS

               (6)

               The request contains sufficient evidence that the anti-dumping measures imposed on the product concerned are being circumvented by imports of the product under investigation consigned from Cambodia.

               (7)

               The evidence submitted is as follows:

               (8)

               The request shows that a significant change in the pattern of trade involving exports from the People's Republic of China and Cambodia to the Union has taken place following the imposition of measures on the product concerned, without sufficient due cause or economic justification for such a change other than the imposition of the duty.

               (9)

               This change appears to stem from the transhipment, with or without minor processing operations, of the product concerned originating in the People's Republic of China via Cambodia to the Union.

               (10)

               Furthermore, the request contains sufficient evidence that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of the product under investigation appear to have replaced imports of the product concerned. In addition, there is sufficient evidence that imports of the product under investigation are made at prices below the non-injurious price established in the investigation that led to the existing measures.

               (11)

               Finally, the request contains sufficient evidence that the prices of the product under investigation are dumped in relation to the normal value previously established for the product concerned.

               (12)

               Should circumvention practices via Cambodia covered by Article 13 of the basic Regulation, other than transhipment, be identified in the course of the investigation, the investigation may also cover these practices.

               (13)

               The request further explains that registration under Article 14(5) of the basic Regulation becomes necessary in order to ensure the effective protection of the anti-dumping in place is not unduly diminished.

         E.   PROCEDURE

               (14)

               In light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13(3) of the basic Regulation and to make imports of the products under investigation subject to registration, in accordance with Article 14(5) of the basic Regulation.

         (a)   Questionnaires

               (15)

               In order to obtain information it deems necessary for its investigation, the Commission will send questionnaires to the known exporters/producers in Cambodia and to the known associations of exporters/producers in Cambodia, to the known importers and to the known associations of importers in the Union and to the authorities of Cambodia and the People's Republic of China. Information, as appropriate, may also be sought from the Union industry.

               (16)

               In any event, all interested parties should contact the Commission, but not later than the time limit set in Article 3 of this Regulation, and request a questionnaire within the time limit set in Article 3(1) of this Regulation, given that the time limit set in Article 3(2) of this Regulation applies to all interested parties.

               (17)

               The authorities of Cambodia and the People's Republic of China will be notified of the initiation of the investigation.

         (b)   Collection of information and holding of hearings

               (18)

               All interested parties are invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

         (c)   Exemption from registration of imports or measures

               (19)

               In accordance with Article 13(4) of the basic Regulation, imports of the products under investigation may be exempted from registration or measures if the importation does not constitute circumvention.

               (20)

               Since the possible circumvention takes place outside the Union, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to producers of the products under investigation in Cambodia that can show that they are not related (3) to any producer subject to the measures (4) and that are found not to be engaged in circumvention practices as defined in Article 13(1) and (2) of the basic Regulation. Producers wishing to obtain an exemption should submit a request duly supported by evidence within the time limit indicated in Article 3(3) of this Regulation.

         F.   REGISTRATION

               (21)

               Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation shall be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports was imposed.

         G.   TIME-LIMITS

               (22)

               In the interest of sound administration, time limits should be stated within which:

                           —

                           interested parties may make themselves known to the Commission, present their views in writing and submit questionnaire replies or any other information to be taken into account during the investigation,

                           —

                           producers in Cambodia may request exemption from registration of imports or measures,

                           —

                           interested parties may make a written request to be heard by the Commission.

               (23)

               Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the time limits laid down in Article 3 of this Regulation.

         H.   NON-COOPERATION

               (24)

               In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

               (25)

               Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available.

               (26)

               If an interested party does not cooperate or cooperates only partially and findings are therefore based on the facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

               (27)

               Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

         I.   SCHEDULE OF THE INVESTIGATION

               (28)

               The investigation will be concluded, pursuant to Article 13(3) of the basic Regulation, within nine months of the date of entry into force of this Regulation.

         J.   PROCESSING OF PERSONAL DATA

               (29)

               It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (5).

         K.   HEARING OFFICER

               (30)

               Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

               (31)

               A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request.

               (32)

               For further information and contact details interested parties may consult the Hearing Officer's web pages on the Directorate-General for Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

         HAS ADOPTED THIS REGULATION:
   Article 1
   An investigation is initiated pursuant to Article 13(3) of Regulation (EU) 2016/1036, in order to determine if imports into the Union of citric acid (including trisodium citrate dihydrate), currently falling within CN codes ex 2918 14 00 (TARIC code 2918140020) and ex 2918 15 00 (TARIC code 2918150013) consigned from Cambodia, whether declared as originating in Cambodia or not, are circumventing the measures imposed by Implementing Regulation (EU) 2015/82.
   Article 2
   The Customs authorities shall, pursuant to Articles 13(3) and 14(5) of Regulation (EU) 2016/1036, take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.
   Registration shall expire nine months following the date of entry into force of this Regulation.
   The Commission, by regulation, may direct Customs authorities to cease registration in respect of imports into the Union of products manufactured by producers having applied for an exemption from registration and having been found to fulfil the conditions for an exemption to be granted.
   Article 3

               (1)

               Interested parties must make themselves known by contacting the Commission and requesting the relevant questionnaires from the Commission within 15 days from the date of entry into force of this Regulation.

               (2)

               Interested parties, if their representations are to be taken into account during the investigation, must present their views in writing and submit questionnaire replies or any other information within 37 days from the date of receipt of the questionnaire, unless otherwise specified.

               (3)

               Producers in Cambodia requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time limit.

               (4)

               Interested parties may also apply to be heard by the Commission within the same 37-day time limit.

               (5)

               Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their right of defence.

               (6)

               All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (6). The parties submitting information in the course of this investigation are invited to provide reasons for asking confidential treatment. If the party submitting information fails to show good cause for a confidential treatment request, the Commission may treat such information as non-confidential.

               (7)

               Interested parties providing ‘Limited’ information are required to furnish non- confidential summaries of it pursuant to Article 19(2) of Regulation (EU) 2016/1036, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.

               (8)

               Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.

         Commission address for correspondence:

               European Commission

               Directorate-General for Trade

               Directorate H

               Office: CHAR 04/039

               1040 Brussels

               BELGIUM

               Email: TRADE-CITRIC-ACID-DUMPING@ec.europa.eu

         Article 4
   This Regulation shall enter into force on the 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, 12 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 30.6.2016, p. 21.

      (2)  Commission Implementing Regulation (EU) 2015/82 of 21 January 2015 imposing a definitive anti-dumping duty on imports of citric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 and of partial interim reviews pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 15, 22.1.2015, p. 8).

      (3)  In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558), two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In this context ‘person’ means any natural or legal person.

      (4)  However, even if producers are related in the aforementioned sense to companies subject to the measures in place on imports originating in the People's Republic of China, an exemption may still be granted if there is no evidence that the relationship with the companies subject to the original measures was established or used to circumvent the original measures.

      (5)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (6)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Regulation (EU) 2016/1036 and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).


title: Commission Implementing Regulation (EU) 2017/2309 of 13 December 2017 operating deductions from fishing quotas available for certain stocks in 2017 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2017/1345

text:
                  14.12.2017

                  EN

                  Official Journal of the European Union

                  L 331/23

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2309
      of 13 December 2017
      operating deductions from fishing quotas available for certain stocks in 2017 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2017/1345
      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), (3) and (5) thereof,
      Whereas:

                  (1)

                  Fishing quotas for the year 2016 have been established by:

                              —

                              Council Regulation (EU) No 1367/2014 (2),

                              —

                              Council Regulation (EU) 2015/2072 (3),

                              —

                              Council Regulation (EU) 2016/72 (4), and

                              —

                              Council Regulation (EU) 2016/73 (5).

                  (2)

                  Fishing quotas for the year 2017 have been established by:

                              —

                              Council Regulation (EU) 2016/1903 (6),

                              —

                              Council Regulation (EU) 2016/2285 (7),

                              —

                              Council Regulation (EU) 2016/2372 (8), and

                              —

                              Council Regulation (EU) 2017/127 (9).

                  (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)

                  Commission Implementing Regulation (EU) 2017/1345 (10) has established deductions from fishing quotas for certain stocks in 2017 on account of overfishing in the previous years.

                  (5)

                  However, for certain Member States, no deductions could be operated by Implementing Regulation (EU) 2017/1345 from quotas allocated for the overfished stocks because such quotas are not available for those Member States in the year 2017.

                  (6)

                  Article 105(5) of Regulation (EC) No 1224/2009 provides that, if it is not possible to operate deductions on the overfished stock in the year following the overfishing because the Member State concerned has no available quota, deductions may be operated on other stocks in the same geographical area or with the same commercial value. According to Commission Communication 2012/C 72/07 (11) such deductions should be preferably operated from quotas allocated for stocks fished by the same fleet as the fleet that overfished the quota, taking into account the need to avoid discards in mixed fisheries.

                  (7)

                  The Member States concerned have been consulted with regard to the proposed deductions from quotas allocated for stocks other than those which have been overfished.

                  (8)

                  In 2016, Spain overfished its quota for white marlin in the Atlantic Ocean (WHM/ATLANT). The deduction due has been applied following Implementing Regulation (EU) 2017/1345 to the full extent of the quota available for white marlin in 2017, in line with the guidelines set up in Communication 2012/C 72/07. Since the available 2017 quota for white marlin in the Atlantic Ocean is not sufficient, by letter of 9 August 2017, Spain requested to apply the remaining deduction, including outstanding deductions from previous years, on the 2017 quota for swordfish in the Atlantic Ocean, North of 5° N (SWO/AN05N). That request should be accepted in line with Article 105(5) of Regulation (EC) No 1224/2009.

                  (9)

                  In 2016, Spain overfished its quota for albacore in the Atlantic Ocean, North of 5° N (ALB/AN05N). By letter of 20 July 2017, Spain requested to spread the deduction due over three years. In view of the information provided and considering that paragraph 5 of ICCAT Supplemental Recommendation 13-05, concerning the North Atlantic albacore rebuilding program (12), establishes that overfishing is to be deducted within a maximum of two years, an exceptional equal spreading of the deduction over two years may alternatively be accepted.

                  (10)

                  Moreover, the Spanish fisheries authorities discovered that the 2016 catch figures transmitted to the Commission for albacore in the Atlantic Ocean, North of 5° N, were incorrect. On the basis of the corrected data transmitted by Spain on 4 August 2017, it appears that the Spanish quota for albacore in the Atlantic Ocean, North of 5° N, was exceeded by a lower amount than that taken into account for the deductions established by Implementing Regulation (EU) 2017/1345. The deduction from the 2017 Spanish quota for albacore in the Atlantic Ocean, North of 5° N, should therefore be adjusted.

                  (11)

                  Following the publication of Implementing Regulation (EU) 2017/1345, the Portuguese fisheries authorities discovered that the 2016 catch figures transmitted to the Commission for swordfish in the Atlantic Ocean, North of 5° N, (SWO/AN05N) were incorrect. On the basis of the corrected data transmitted by Portugal on 22 August 2017, it appears that the Portuguese quota for swordfish in the Atlantic Ocean, North of 5° N, was exceeded by a lower amount than that taken into account for the deductions established by Implementing Regulation (EU) 2017/1345. The deduction from the 2017 Portuguese quota for swordfish in the Atlantic Ocean, North of 5° N, should therefore be adjusted.

                  (12)

                  On 17 May 2017, Lithuania requested to update its catch declarations regarding mackerel in Union waters of IIa; Union and Norwegian waters of IVa (MAC/*4A-EN). On the basis of the updated data transmitted by Lithuania on the same date, it appears that the Lithuanian 2016 quota was exceeded for mackerel in Union waters of IIa; Union and Norwegian waters of IVa as well as for the parent stock, namely mackerel in areas VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV (MAC/2CX14-). The corresponding deductions should consequently be added to the Annex to Implementing Regulation (EU) 2017/1345.

                  (13)

                  On 10 August 2017, the United Kingdom informed the Commission that the by-catches of picked dogfish in Union and international waters of I, V, VI, VII, VIII, XII and XIV (DGS/*15X14) had been erroneously reported. Following corrections submitted on 30 August 2017 by the United Kingdom in the aggregated catch data reporting system, it appears that the by-catch uptake for picked dogfish in Union and international waters of I, V, VI, VII, VIII, XII and XIV remains below the allocated quota for 2016. Therefore, the corresponding deductions should be deleted from the Annex to Implementing Regulation (EU) 2017/1345.

                  (14)

                  In October 2017, a correction in the algorithms of the aggregated catch data reporting system revealed the overfishing by Denmark of Northern prawn in Greenland waters of NAFO 1 (PRA/N1GRN.). The Annex to Implementing Regulation (EU) 2017/1345 should therefore be amended accordingly.

                  (15)

                  Following changes in the stock area definitions set up in Regulation (EU) 2017/127 in order to allow for accurate reporting of catches, the deduction applicable to the Netherlands for overfishing of saithe in areas III and IV; Union waters of IIa, IIIb, IIIc and subdivisions 22-32 (POK/2A34) in the year 2016 should now be applied to the 2017 quota for saithe in areas IIIa and IV; Union waters of IIa (POK/2C3A4).

                  (16)

                  In 2017, the International Council for the Exploration of the Sea (ICES), in its advice and following the 2016 benchmark, amended the sandeel management areas. Therefore, deductions due by Denmark and the United Kingdom following overfishing of sandeel in Union waters of sandeel management area 1 (SAN/234_1) in 2016 are operated on the 2017 quota for sandeel in Union waters of sandeel management area 1r (SAN234_1R).

                  (17)

                  Moreover, certain deductions required by Implementing Regulation (EU) 2017/1345 appear to be larger than the adapted quota available in the year 2017 and, as a consequence, cannot be entirely operated in that year. According to Communication No 2012/C 72/07, the remaining amounts should be deducted from the adapted quotas available in subsequent years until the full overfished amount is paid back.

                  (18)

                  Implementing Regulation (EU) 2017/1345 should therefore be amended accordingly,

            HAS ADOPTED THIS REGULATION:
      Article 1
      The fishing quotas fixed in Regulations (EU) 2016/1903, (EU) No 2016/2285, (EU) 2016/2372 and (EU) 2017/127 for the year 2017 referred to in Annex I to this Regulation shall be reduced by applying the deductions on the alternative stocks set out in that Annex.
      Article 2
      The Annex to Implementing Regulation (EU) 2017/1345 is replaced by the text in Annex II to this Regulation.
      Article 3
      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, 13 December 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 343, 22.12.2009, p. 1.

         (2)  Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).

         (3)  Council Regulation (EU) 2015/2072 of 17 November 2015 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulations (EU) No 1221/2014 and (EU) No 2015/104 (OJ L 302, 19.11.2015, p. 1).

         (4)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 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, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).

         (5)  Council Regulation (EU) 2016/73 of 18 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks in the Black Sea (OJ L 16, 23.1.2016, p. 1).

         (6)  Council Regulation (EU) 2016/1903 of 28 October 2016 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2016/72 (OJ L 295, 29.10.2016, p. 1).

         (7)  Council Regulation (EU) 2016/2285 of 12 December 2016 fixing for 2017 and 2018 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks and amending Council Regulation (EU) 2016/72 (OJ L 344, 17.12.2016, p. 32).

         (8)  Council Regulation (EU) 2016/2372 of 19 December 2016 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 352, 23.12.2016, p. 26).

         (9)  Council Regulation (EU) 2017/127 of 20 January 2017 fixing for 2017 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 24, 28.1.2017, p. 1).

         (10)  Commission Implementing Regulation (EU) 2017/1345 of 18 July 2017 operating deductions from fishing quotas available for certain stocks in 2017 on account of overfishing in the previous years (OJ L 186, 19.7.2017, p. 6).

         (11)  Communication from the Commission – Guidelines for deduction of quotas under article 105(1), (2) and (5) of Regulation (EC) No 1224/2009 (2012/C 72/07) (OJ C 72, 10.3.2012, p. 27).

         (12)  https://www.iccat.int/Documents/Recs/compendiopdf-e/2013-05-e.pdf

         ANNEX I

            DEDUCTIONS FROM QUOTAS FOR ALTERNATIVE STOCKS

                     Member State

                     Species code

                     Area code

                     Species name

                     Area name

                     Permitted landings 2016 (Total adapted quantity in kilograms) (1)

                     Total catches 2016 (qty in kilograms)

                     Quota consumption (%)

                     Overfishing related to permitted landing (qty in kilograms)

                     Multi-plying factor (2)

                     Additional multiplying factor (3)
                         (4)

                     Outstanding deduction from previous years (5) (qty in kilograms)

                     Deductions 2017 (qty in kilograms)

                     Deductions already applied in 2017 on the same stock (qty in kilograms) (6)

                     Remaining quantity to be deducted on alternative stock (qty in kilograms)

                     (1)

                     (2)

                     (3)

                     (4)

                     (5)

                     (6)

                     (7)

                     (8)

                     (9)

                     (10)

                     (11)

                     (12)

                     (13)

                     (14)

                     (15)

                     DE

                     DGS

                     2AC4-C

                     Picked dogfish

                     Union waters of IIa and IV

                     0

                     2 118

                     N/A

                     2 118

                     /

                     /

                     /

                     2 118

                     0

                     2 118

                     Deduction to be made on the following stock

                     DE

                     ARU

                     34-C.

                     Greater silver smelt

                     Union waters of III and IV

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     2 118

                     DK

                     DGS

                     2AC4-C

                     Picked dogfish

                     Union waters of IIa and IV

                     0

                     1 350

                     N/A

                     1 350

                     /

                     /

                     /

                     1 350

                     0

                     1 350

                     Deduction to be made on the following stock

                     DK

                     NEP

                     2AC4-C

                     Norway lobster

                     Union waters of IIa and IV

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     1 350

                     DK

                     NOP

                     04-N.

                     Norway pout

                     Norwegian waters of IV

                     0

                     22 880

                     N/A

                     22 880

                     /

                     /

                     /

                     22 880

                     /

                     22 880

                     Deduction to be made on the following stock

                     DK

                     NOP

                     2A3A4.

                     Norway pout

                     IIIa; Union waters of IIa and IV

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     22 880

                     DK

                     POK

                     1N2AB.

                     Saithe

                     Norwegian waters of I and II

                     0

                     3 920

                     N/A

                     3 920

                     /

                     /

                     /

                     3 920

                     /

                     3 920

                     Deduction to be made on the following stock

                     DK

                     POK

                     2C3A4

                     Saithe

                     IIIa and IV; Union waters of IIa

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     3 920

                     DK

                     SAN

                     04-N.

                     Sandeel

                     Norwegian waters of IV

                     0

                     19 860

                     N/A

                     19 860

                     /

                     /

                     /

                     19 860

                     /

                     19 860

                     Deduction to be made on the following stock

                     DK

                     SAN

                     234_2R

                     Sandeel

                     Union waters of IIa, IIIa and IV (sandeel management area 2)

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     19 860

                     ES

                     BUM

                     ATLANT

                     Blue marlin

                     Atlantic Ocean

                     0

                     13 396

                     N/A

                     13 396

                     /

                     A

                     /

                     20 094

                     /

                     20 094

                     Deduction to be made on the following stock

                     ES

                     SWO

                     AN05N

                     Swordfish

                     Atlantic Ocean, North of 5° N

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     20 094

                     ES

                     GHL

                     1N2AB.

                     Greenland halibut

                     Norwegian waters of I and II

                     9 000

                     27 600

                     306,67 %

                     18 600

                     1.0

                     A

                     /

                     27 900

                     /

                     27 900

                     Deduction to be made on the following stock

                     ES

                     RED

                     1N2AB

                     Redfish

                     Norwegian waters of I and II

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     27 900

                     ES

                     WHM

                     ATLANT

                     White marlin

                     Atlantic Ocean

                     2 460

                     9 859

                     400,77 %

                     7 399

                     1.0

                     A

                     138 994

                     150 092

                     2 427

                     147 665

                     Deduction to be made on the following stock

                     ES

                     SWO

                     AN05N

                     Swordfish

                     Atlantic Ocean, North of 5° N

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     147 665

                     FR

                     POK

                     1/2/INT

                     Saithe

                     International waters of I and II

                     0

                     2 352

                     N/A

                     2 352

                     /

                     /

                     /

                     2 352

                     /

                     2 352

                     Deduction to be made on the following stock

                     FR

                     POK

                     2C3A4

                     Saithe

                     IIIa and IV; Union waters of IIa

                     /

                     /

                     /

                     /

                     /

                     2 352

                     FR

                     RED

                     51214S

                     Redfish (shallow pelagic)

                     Union and international waters of V; international waters of XII and XIV

                     0

                     29 827

                     N/A

                     29 827

                     /

                     /

                     /

                     29 827

                     /

                     29 827

                     Deduction to be made on the following stock

                     FR

                     BLI

                     5B67-

                     Blue ling

                     Union and international waters of Vb, VI, VII

                     /

                     /

                     /

                     /

                     /

                     29 827

                     IE

                     POK

                     1N2AB.

                     Saithe

                     Norwegian waters of I and II

                     0

                     5 969

                     N/A

                     5 969

                     /

                     /

                     /

                     5 969

                     /

                     5 969

                     Deduction to be made on the following stock

                     IE

                     HER

                     1/2-

                     Herring

                     Union, Faroese, Norwegian and international waters of I and II

                     /

                     /

                     /

                     /

                     /

                     5 969

                     NL

                     DGS

                     2AC4-C

                     Picked dogfish

                     Union waters of IIa and IV

                     0

                     1 260

                     N/A

                     1 260

                     /

                     /

                     /

                     1 260

                     /

                     1 260

                     Deduction to be made on the following stock

                     NL

                     COD

                     2A3AX4

                     Cod

                     IV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     1 260

                     NL

                     HAD

                     7X7A34

                     Haddock

                     VIIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1

                     559

                     26 220

                     N/A

                     25 661

                     /

                     /

                     /

                     25 661

                     /

                     25 661

                     Deduction to be made on the following stock

                     NL

                     HAD

                     2AC4.

                     Haddock

                     IV; Union waters of IIa

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     25 661

                     PT

                     GHL

                     1N2AB.

                     Greenland Halibut

                     Norwegian waters of I and II

                     0

                     18 487

                     N/A

                     18 487

                     /

                     /

                     /

                     18 487

                     /

                     18 487

                     Deduction to be made on the following stock

                     PT

                     RED

                     1N2AB

                     Redfish

                     Norwegian waters of I and II

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     18 487

                     UK

                     DGS

                     2AC4-C

                     Picked dogfish

                     Union waters of IIa and IV

                     0

                     17 776

                     N/A

                     17 776

                     /

                     /

                     /

                     17 776

                     /

                     17 776

                     Deduction to be made on the following stock

                     UK

                     PLE

                     2A3AX4

                     Plaice

                     IV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     /

                     17 776

            (1)  Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations 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 (OJ L 354, 28.12.2013, p. 22), quota transfers from 2015 to 2016 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3), with Article 5a of Council Regulation (EU) No 1221/2014 (OJ L 330, 15.11.2014, p. 16), with Article 18a of Council Regulation (EU) 2015/104 (OJ L 22, 28.1.2015, p. 1) or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Council Regulation (EC) No 1224/2009.

            (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 due to consecutive overfishing in the years 2014, 2015 and 2016. 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 that could not be deducted in 2016 pursuant to Regulation (EU) 2016/2226 as amended by Regulation (EU) 2017/162 because there was no or not sufficient quota available

            (6)  Quantities that could be deducted on the same stock thanks to exchange of fishing opportunities concluded in accordance with Article 16(8) of Regulation (EU) No 1380/2013.

         ANNEX II
         ‘
               ANNEX

                  DEDUCTIONS FROM QUOTAS FOR STOCKS WHICH HAVE BEEN OVERFISHED

                           Member State

                           Species code

                           Area code

                           Species name

                           Area name

                           Initial quota 2016 (in kilograms)

                           Permitted landings 2016 (Total adapted quantity in kilograms) (1)

                           Total catches 2016 (quantity in kilograms)

                           Quota consumption related to permitted landings

                           Overfishing related to permitted landing (quantity in kilograms)

                           Multiplying factor (2)

                           Additional Multiplying factor (3)
                               (4)

                           Outstanding deductions from previous years (5) (quantity in kilograms)

                           Deductions to apply in 2017 (quantity in kilograms) (6)

                           Deductions already applied in 2017 (qty in kilograms) (7)

                           To be deducted in 2018 and following year(s) (qty in kilograms)

                           (1)

                           (2)

                           (3)

                           (4)

                           (5)

                           (6)

                           (7)

                           (8)

                           (9)

                           (10)

                           (11)

                           (12)

                           (13)

                           (14)

                           (15)

                           (16)

                           BE

                           SOL

                           7FG.

                           Common sole

                           VIIf and VIIg

                           487 000

                           549 565

                           563 401

                           102,52 %

                           13 836

                           /

                           /

                           /

                           13 836

                           13 836

                           /

                           BE

                           SOL

                           8AB.

                           Common sole

                           VIIIa and VIIIb

                           42 000

                           281 638

                           287 659

                           102,14 %

                           6 021

                           /

                           C (8)

                           /

                           6 021

                           6 021

                           /

                           BE

                           SRX

                           07D.

                           Skates and rays

                           Union waters of VIId

                           87 000

                           86 919

                           91 566

                           105,35 %

                           4 647

                           /

                           /

                           /

                           4 647

                           4 647

                           /

                           BE

                           T/B

                           2AC4-C

                           Turbot and brill

                           Union waters of IIa and IV

                           329 000

                           481 000

                           514 275

                           106,92 %

                           33 275  (9)

                           /

                           /

                           /

                           33 275

                           33 275

                           /

                           DE

                           DGS

                           2AC4-C

                           Picked dogfish

                           Union waters of IIa and IV

                           0

                           0

                           2 118

                           N/A

                           2 118

                           /

                           /

                           /

                           2 118

                           2 118

                           /

                           DE

                           MAC

                           2CX14-

                           Mackerel

                           VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV

                           22 751 000

                           21 211 759

                           22 211 517

                           104,71 %

                           999 758

                           /

                           /

                           /

                           999 758

                           999 758

                           /

                           DK

                           DGS

                           2AC4-C

                           Picked dogfish

                           Union waters of IIa and IV

                           0

                           0

                           1 350

                           N/A

                           1 350

                           /

                           /

                           /

                           1 350

                           1 350

                           /

                           DK

                           HER

                           1/2-

                           Herring

                           Union, Faroese, Norwegian and international waters of I and II

                           7 069 000

                           10 331 363

                           10 384 320

                           100,51 %

                           52 957

                           /

                           /

                           /

                           52 957

                           52 957

                           /

                           DK

                           JAX

                           4BC7D

                           Horse mackerel and associated

                           Union waters of IVb, IVc and VIId

                           5 519 000

                           264 664

                           265 760

                           100,42 %

                           1 096

                           /

                           /

                           /

                           1 096

                           1 096

                           /

                           DK

                           MAC

                           2A34.

                           Mackerel

                           IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32

                           19 461 000

                           13 354 035

                           14 677 440

                           109,91 %

                           1 323 405

                           /

                           /

                           /

                           1 323 405

                           1 323 405

                           /

                           DK

                           MAC

                           2A4A-N

                           Mackerel

                           Norwegian waters of IIa and IVa

                           14 043 000

                           14 886 020

                           16 351 930

                           109,85 %

                           1 465 910

                           /

                           /

                           /

                           1 465 910

                           1 465 910

                           /

                           DK

                           NOP

                           04-N.

                           Norway pout

                           Norwegian waters of IV

                           0

                           0

                           22 880

                           N/A

                           22 880

                           /

                           /

                           /

                           22 880

                           22 880

                           /

                           DK

                           OTH

                           *2AC4C

                           Other species

                           Union waters of IIa and IV

                           6 018 300

                           3 994 920

                           4 508 050

                           112,84 %

                           513 130

                           1.2

                           /

                           /

                           615 756

                           615 756

                           /

                           DK

                           POK

                           1N2AB.

                           Saithe

                           Norwegian waters of I and II

                           /

                           0

                           3 920

                           N/A

                           3 920

                           /

                           /

                           /

                           3 920

                           3 920

                           /

                           DK

                           PRA

                           N1GRN.

                           Northern prawn

                           Greenland waters of NAFO 1

                           1 300 000

                           2 700 000

                           2 727 690

                           101,03 %

                           27 690

                           /

                           /

                           /

                           27 690

                           27 690

                           /

                           DK

                           SAN

                           04-N.

                           Sandeel

                           Norwegian waters of IV

                           0

                           0

                           19 860

                           N/A

                           19 860

                           /

                           /

                           /

                           19 860

                           19 860

                           /

                           DK

                           SAN

                           234_1 (11)

                           Sandeel

                           Union waters of sandeel management area 1

                           12 263 000

                           12 517 900

                           12 525 750

                           100,06 %

                           7 850

                           /

                           /

                           /

                           7 850

                           7 850

                           /

                           ES

                           ALB

                           AN05N

                           Northern albacore

                           Atlantic Ocean, north of 5° N

                           14 917 370

                           14 754 370

                           16 645 498

                           112,82 %

                           1 891 128

                           1.2

                           /

                           /

                           2 269 354

                           1 134 677  (12)

                           1 134 677  (12)

                           ES

                           ALF

                           3X14-

                           Alfonsinos

                           Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV

                           67 000

                           86 159

                           79 185

                           91,90 %

                           – 6 974

                           /

                           /

                           817

                           0

                           0

                           /

                           ES

                           BSF

                           8910-

                           Black scabbard-fish

                           Union and international waters of VIII, IX and X

                           12 000

                           24 004

                           16 419

                           68,41 %

                           – 7 585

                           /

                           /

                           2 703

                           0

                           0

                           /

                           ES

                           BUM

                           ATLANT

                           Blue marlin

                           Atlantic Ocean

                           0

                           0

                           13 396

                           N/A

                           13 396

                           /

                           A

                           /

                           20 094

                           20 094

                           /

                           ES

                           COD

                           1/2B.

                           Cod

                           I and IIb

                           13 192 000

                           9 730 876

                           9 731 972

                           100,01 %

                           1 096

                           /

                           /

                           /

                           1 096

                           1 096

                           /

                           ES

                           GHL

                           1N2AB.

                           Greenland halibut

                           Norwegian waters of I and II

                           /

                           9 000

                           27 600

                           306,67 %

                           18 600

                           1.0

                           A

                           /

                           27 900

                           27 900

                           /

                           ES

                           GHL

                           N3LMNO

                           Greenland halibut

                           NAFO 3LMNO

                           4 067 000

                           4 070 000

                           4 072 999

                           100,07 %

                           2 999

                           /

                           C (8)

                           /

                           2 999

                           2 999

                           /

                           ES

                           SRX

                           67AKXD

                           Skates and rays

                           Union waters of VIa, VIb, VIIa-c and VIIe-k

                           876 000

                           459 287

                           469 586

                           102,24 %

                           10 299

                           /

                           /

                           /

                           10 299

                           10 299

                           /

                           ES

                           SRX

                           89-C.

                           Skates and rays

                           Union waters of VIII and IX

                           1 057 000

                           925 232

                           956 878

                           103,42 %

                           31 646

                           /

                           A

                           131 767

                           179 236

                           179 236

                           /

                           ES

                           WHM

                           ATLANT

                           White marlin

                           Atlantic Ocean

                           2 460

                           2 460

                           9 859

                           400,77 %

                           7 399

                           1.0

                           A

                           138 994

                           150 092

                           150 092  (13)

                           /

                           FR

                           LIN

                           04-C.

                           Ling

                           Union waters of IV

                           162 000

                           262 351

                           304 077

                           115,91 %

                           41 726

                           1.0

                           /

                           /

                           41 726

                           41 726

                           /

                           FR

                           POK

                           1/2/INT

                           Saithe

                           International waters of I and II

                           0

                           0

                           2 352

                           N/A

                           2 352

                           /

                           /

                           /

                           2 352

                           2 352

                           /

                           FR

                           RED

                           51214S

                           Redfish (shallow pelagic)

                           Union and international waters of V; international waters of XII and XIV

                           0

                           0

                           29 827

                           N/A

                           29 827

                           /

                           /

                           /

                           29 827

                           29 827

                           /

                           FR

                           SBR

                           678-

                           Red seabream

                           Union and international waters of VI, VII and VIII

                           6 000

                           28 817

                           31 334

                           108,72 %

                           2 517

                           /

                           /

                           /

                           2 517

                           2 517

                           /

                           FR

                           SRX

                           07D.

                           Skates and rays

                           Union waters of VIId

                           663 000

                           630 718

                           699 850

                           110,96 %

                           69 132

                           1.0

                           A

                           /

                           103 698

                           103 698

                           /

                           FR

                           SRX

                           67AKXD

                           Skates and rays

                           Union waters of VIa, VIb, VIIa-c and VIIe-k

                           3 255 000

                           3 641 000

                           39 254

                           101,08 %

                           39 254

                           /

                           /

                           /

                           39 254

                           39 254

                           /

                           FR

                           WHG

                           08.

                           Whiting

                           VIII

                           1 524 000

                           2 406 000

                           2 441 333

                           101,47 %

                           35 333

                           /

                           /

                           /

                           35 333

                           35 333

                           /

                           IE

                           PLE

                           7FG.

                           Plaice

                           VIIf and VIIg

                           200 000

                           66 332

                           67 431

                           101,66 %

                           1 099

                           /

                           /

                           /

                           1 099

                           1 099

                           /

                           IE

                           POK

                           1N2AB.

                           Saithe

                           Norwegian waters of I and II

                           /

                           0

                           5 969

                           N/A

                           5 969

                           /

                           /

                           /

                           5 969

                           5 969

                           /

                           IE

                           SRX

                           67AKXD

                           Skates and rays

                           Union waters of VIa, VIb, VIIa-c and VIIe-k

                           1 048 000

                           949 860

                           980 960

                           103,27 %

                           31 056

                           /

                           A (8)

                           /

                           31 056

                           31 056

                           /

                           LT

                           MAC

                           *4A-EN

                           Mackerel

                           Union waters of IIa; Union and Norwegian waters of IVa.

                           0

                           900 000

                           901 557

                           100,17 %

                           1 557

                           /

                           /

                           /

                           1 557

                           1 557

                           /

                           LT

                           MAC

                           2CX14-

                           Mackerel

                           VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV

                           140 000

                           2 027 000

                           2 039 332

                           100,61 %

                           12 332

                           /

                           /

                           /

                           12 332

                           12 332

                           /

                           NL

                           DGS

                           2AC4-C

                           Picked dogfish

                           Union waters of IIa and IV

                           0

                           0

                           1 260

                           N/A

                           1 260

                           /

                           /

                           /

                           1 260

                           1 260

                           /

                           NL

                           HAD

                           7X7A34

                           Haddock

                           VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1

                           /

                           559

                           26 220

                           N/A

                           25 661

                           /

                           /

                           /

                           25 661

                           25 661

                           /

                           NL

                           HER

                           *25B-F

                           Herring

                           II, Vb north of 62° N (Faroes waters)

                           736 000

                           477 184

                           476 491

                           99,86 %

                           – 693

                           /

                           /

                           23 551

                           22 858

                           22 858

                           /

                           NL

                           OTH

                           *2A-14

                           Associate by-catches to horse mackerel (boarfish, whiting and mackerel)

                           Union waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV

                           1 663 800

                           1 777 300

                           2 032 689

                           114,37 %

                           255 389

                           1.2

                           /

                           /

                           306 467

                           306 467

                           /

                           NL

                           POK

                           2A34. (14)

                           Saithe

                           IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32

                           68 000

                           110 846

                           110 889

                           100,04 %

                           43 (10)

                           /

                           /

                           1 057

                           1 057

                           1 057

                           /

                           NL

                           T/B

                           2AC4-C

                           Turbot and brill

                           Union waters of IIa and IV

                           2 493 000

                           2 551 261

                           2 737 636

                           107,31 %

                           186 375

                           /

                           /

                           /

                           186 375

                           186 375

                           /

                           PT

                           BUM

                           ATLANT

                           Blue marlin

                           Atlantic ocean

                           49 550

                           49 550

                           50 611

                           102,14 %

                           1 061

                           /

                           /

                           /

                           1 061

                           1 061

                           /

                           PT

                           GHL

                           1N2AB

                           Greenland Halibut

                           Norwegian waters of I and II

                           /

                           0

                           18 487

                           N/A

                           18 487

                           /

                           /

                           /

                           18 487

                           18 487

                           /

                           PT

                           MAC

                           8C3411

                           Mackerel

                           VIIIc, IX and X; Union waters of CECAF 34.1.1

                           6 971 000

                           6 313 658

                           6 823 967

                           108,08 %

                           510 309

                           /

                           /

                           /

                           510 309

                           510 309

                           /

                           PT

                           SRX

                           89-C.

                           Skates and rays

                           Union waters of VIII and IX

                           1 051 000

                           1 051 000

                           1 068 676

                           101,68 %

                           17 676

                           /

                           /

                           /

                           17 676

                           17 676

                           /

                           PT

                           SWO

                           AN05N

                           Swordfish

                           Atlantic Ocean, North of 5° N

                           1 161 950

                           1 541 950

                           1 560 248

                           101,19 %

                           18 298

                           /

                           /

                           /

                           18 298

                           18 298

                           /

                           UK

                           DGS

                           2AC4-C

                           Picked dogfish

                           Union waters of IIa and IV

                           0

                           0

                           17 776

                           N/A

                           17 776

                           /

                           /

                           /

                           17 776

                           17 776

                           /

                           UK

                           HER

                           4AB.

                           Herring

                           Union and Norwegian waters of IV north of 53° 30′ N

                           70 348 000

                           70 710 390

                           73 419 998

                           103,83 %

                           2 709 608

                           /

                           /

                           2 709 608

                           2 709 608

                           /

                           UK

                           MAC

                           2CX14-

                           Mackerel

                           VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV

                           208 557 000

                           195 937 403

                           209 143 232

                           106,74 %

                           13 205 829

                           /

                           A (8)

                           /

                           13 205 829

                           13 205 829

                           /

                           UK

                           SAN

                           234_1 (11)

                           Sandeel

                           Union waters of sandeel management area 1

                           268 000

                           0

                           0

                           N/A

                           0

                           /

                           /

                           1 466 168

                           1 466 168

                           1 466 168

                           /

                           UK

                           SRX

                           67AKXD

                           Skates and rays

                           Union waters of VIa, VIb, VIIa-c and VIIe-k

                           2 076 000

                           2 006 000

                           2 008 431

                           100,12 %

                           2 431

                           /

                           /

                           /

                           2 431

                           2 431

                           /

                           UK

                           T/B

                           2AC4-C

                           Turbot and brill

                           Union waters of IIa and IV

                           693 000

                           522 000

                           544 680

                           104,34 %

                           22 680

                           /

                           /

                           /

                           22 680

                           22 680

                           /

                     ’

            (1)  Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations 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 (OJ L 354, 28.12.2013, p. 22), quota transfers from 2015 to 2016 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3), with Article 5a of Council Regulation (EU) No 1221/2014 (OJ L 330, 15.11.2014, p. 16), with Article 18a of Council Regulation (EU) 2015/104 (OJ L 22, 28.1.2015, p. 1), 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.

            (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 due to consecutive overfishing in the years 2014, 2015 and 2016. 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 that could not be deducted in 2016 pursuant to Regulation (EU) 2016/2226 as amended by Regulation (EU) 2017/162 because there was no or not sufficient quota available.

            (6)  Deductions to operate in 2017

            (7)  Deductions to operate in 2017 that could be actually applied considering the available quota on the day of entry into force of this Regulation.

            (8)  Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.

            (9)  At Belgium`s request, additional landings up to 10 % of the T/B quota is permitted according to Article 3(3) of Regulation (EC) No 847/96.

            (10)  Quantities below 1 tonne are not considered.

            (11)  To be deducted from (SAN/234_1R) (sandeel management area 1r).

            (12)  At Spain's request, the deduction of 2 269 354 kilos due in 2017 is equally spread over two years (2017 and 2018).

            (13)  Of which 2 427 kilos are deducted on the 2017 WHM/ATLANT quota and 147 665 kilos are alternatively deducted on the SWO/AN05N quota for 2017.

            (14)  To be deducted from POK/2C3A4.


title: Commission Implementing Regulation (EU) 2017/2310 of 13 December 2017 opening a tariff quota for the year 2018 for the import into the Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council

text:
               14.12.2017

               EN

               Official Journal of the European Union

               L 331/36

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2310
   of 13 December 2017
   opening a tariff quota for the year 2018 for the import into the Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (1), and in particular Article 16(1)(a) thereof,
   Having regard to Council Decision 2004/859/EC of 25 October 2004 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (2), and in particular Article 3 thereof,
   Whereas:

               (1)

               Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 (3) (‘the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway’) and Protocol 3 to the EEA Agreement (4) determine the trade arrangements for certain agricultural and processed agricultural products between the Contracting Parties.

               (2)

               Protocol 3 to the EEA Agreement provides for a zero rate of duty for waters containing added sugar or other sweetening matter or flavoured, classified under CN code 2202 10 00, and other non-alcoholic beverages, not containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404, classified under CN codes 2202 91 00 and 2202 99.

               (3)

               The EU zero rate of duty for those waters and those other beverages has temporarily, for an unlimited period of time, been suspended for Norway by the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (5) (hereinafter referred to as ‘the Agreement in the form of an Exchange of Letters’) approved by Decision 2004/859/EC. In accordance with the Agreement in the form of an Exchange of Letters, duty-free imports of goods with CN codes 2202 10 00, ex 2202 91 00 and ex 2202 99 that originate in Norway are to be allowed only within the limits of a duty-free quota. A duty is to be paid for imports that exceed the quota allocation.

               (4)

               Commission Implementing Regulation (EU) 2016/2034 (6) opened a tariff quota for the year 2017 for the import into the Union of goods under CN codes 2202 10 00, ex 2202 91 00 and ex 2202 99 originating in Norway.

               (5)

               The Agreement in the form of an Exchange of Letters requires that if the above mentioned tariff quota has been exhausted by 31 October of 2017, the tariff quota applicable from 1 January of the following year will be increased by 10 %. According to data provided to the Commission, the annual quota for 2017 for the waters and beverages in question opened by Implementing Regulation (EU) 2016/2034 was exhausted on 5 September 2017.

               (6)

               Therefore, an increased tariff quota shall be opened for the waters and beverages in question from 1 January to 31 December 2018 in accordance with the Agreement in the Form of an Exchange of Letters. The annual quota opened for 2017 by Implementing Regulation (EU) 2016/2034 was of a volume of 17,303 million litres. Hence, a quota for 2018 will be opened for a 10 % higher volume of 19,033 million litres.

               (7)

               Commission Implementing Regulation (EU) 2015/2447 (7) lays down rules for managing tariff quotas. The tariff quota opened by this Regulation should be managed in accordance with those rules.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   From 1 January to 31 December 2018, the duty free tariff quota set out in the Annex is open for goods originating in Norway which are listed in that Annex, under the conditions specified therein.
   2.   The rules of origin laid down in Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 shall apply to the goods listed in the Annex to this Regulation.
   3.   For quantities imported above the quota volume set out in the Annex, a preferential duty of 0,047 EUR/litre shall apply.
   Article 2
   The duty free tariff quota referred to in Article 1(1) shall be managed by the Commission in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
   Article 3
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 150, 20.5.2014, p. 1.

      (2)  OJ L 370, 17.12.2004, p. 70.

      (3)  OJ L 171, 27.6.1973, p. 2.

      (4)  OJ L 1, 3.1.1994, p. 3.

      (5)  OJ L 370, 17.12.2004, p. 72.

      (6)  Commission Implementing Regulation (EU) 2016/2034 of 21 November 2016 opening a tariff quota for the year 2017 for the import into the Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council (OJ L 314, 21.11.2016, p. 4).

      (7)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

      ANNEX

         Duty free tariff quota for 2018 applicable to imports into the Union of certain goods originating in Norway

                     Order No

                     CN code

                     TARIC code

                     Description of goods

                     Quota Volume

                  09.0709

                  2202 10 00

                              —

                              Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured

                  19,033 million litres

                  ex 2202 91 00

                  10

                              —

                              Non-alcoholic beer containing sugar

                  ex 2202 99 11

                  11
                  19

                              —

                              Soya-based beverages with a protein content of 2,8 % or more by weight containing sugar (sucrose or invert sugar)

                  ex 2202 99 15

                  11
                  19

                              —

                              Soya-based beverages with a protein content of less than 2,8 % by weight; beverages based on nuts of Chapter 8, cereals of Chapter 10 or seeds of Chapter 12 containing sugar (sucrose or invert sugar)

                  ex 2202 99 19

                  11
                  19

                              —

                              Other non-alcoholic beverages containing sugar (sucrose or invert sugar)