title: Commission Implementing Regulation (EU) 2019/2093 of 29 November 2019 amending Regulation (EC) No 333/2007 as regards the analysis of 3-monochloropropane-1,2-diol (3-MCPD) fatty acid esters, glycidyl fatty acid esters, perchlorate and acrylamide (Text with EEA relevance)

text:
                  9.12.2019

                  EN

                  Official Journal of the European Union

                  L 317/96

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2093
         of 29 November 2019
         amending Regulation (EC) No 333/2007 as regards the analysis of 3-monochloropropane-1,2-diol (3-MCPD) fatty acid esters, glycidyl fatty acid esters, perchlorate and acrylamide
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 34(6) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 333/2007 (2) lays down the methods of sampling and analysis to be used for the official control of the levels of certain contaminants in foodstuffs.

                     (2)

                     The maximum allowed levels for 3-monochloropropane-1,2-diol (3-MCPD) fatty acid esters, glycidyl fatty acid esters and perchlorate in foodstuffs have been established by Commission Regulation (EC) No 1881/2006 (3). Commission Regulation (EU) 2017/2158 (4) establishes mitigation measures and benchmark levels for the reduction of the presence of acrylamide in certain categories of foodstuffs.

                     (3)

                     Regulation (EC) No 333/2007 establishes specific performance criteria to be met by the validated methods of analysis for contaminants in food, applied by the relevant European laboratories. Consequently, it is appropriate to lay down specific performance criteria in Regulation (EC) No 333/2007, with which the method of analysis for controlling the maximum levels of 3-MCPD fatty acid esters, glycidyl fatty acid esters, perchlorate and acrylamide in foodstuffs has to comply.

                     (4)

                     The European Union Reference Laboratories in the field of Contaminants in Feed and Food have elaborated a guidance document on the estimation of the Limit of Detection (LOD) and Limit of Quantification (LOQ) for measurements in the field of contaminants in feed and food (5). Consequently, it is appropriate to adapt the definitions contained in Regulation (EC) No 333/2007 and related to the limit of detection and the limit of quantification.

                     (5)

                     Regulation (EC) No 333/2007 should therefore be amended accordingly.

                     (6)

                     Regulation (EU) 2017/625 applies with effect from 14 December 2019. Therefore this Regulation should start to apply from the same date.

                     (7)

                     The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Regulation (EC) No 333/2007 is amended as follows:

                        (1)

                        in Article 1, paragraph 1 is replaced by the following:

                           ‘1.   Sampling and analysis for the control of the levels of lead, cadmium, mercury, inorganic tin, inorganic arsenic, 3-monochloropropane-1,2-diol (3-MCPD), 3-MCPD fatty acid esters, glycidyl fatty acid esters, polycyclic aromatic hydrocarbons (PAH) and perchlorate listed in Sections 3, 4, 6 and 9 of the Annex to Regulation (EC) No 1881/2006 and for the control of the levels of acrylamide in accordance with Commission Regulation (EU) 2017/2158 (*1) shall be carried out in accordance with the Annex to this Regulation.

                           (*1)  Commission Regulation (EU) 2017/2158 of 20 November 2017 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food (OJ L 304, 21.11.2017, p. 24).’;"

                        (2)

                        the Annex is amended in accordance with the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 14 December 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 29 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 95, 7.4.2017, p. 1.

            (2)  Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the control of the levels of trace elements and processing contaminants in foodstuffs (OJ L 88, 29.3.2007, p. 29).

            (3)  Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).

            (4)  Commission Regulation (EU) 2017/2158 of 20 November 2017 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food (OJ L 304, 21.11.2017, p. 24).

            (5)  Guidance Document on the Estimation of LOD and LOQ for Measurements in the Field of Contaminants in Feed and Food, JRC Technical Reports EUR 28099 EU (2016). Available at: http://publications.jrc.ec.europa.eu/repository/bitstream/JRC102946/eur%2028099%20en_lod%20loq%20guidance%20document.pdf

            ANNEX
            The Annex to Regulation (EC) No 333/2007 is amended as follows:

                        (1)

                        in point C.3.1, Definitions, the definitions of ‘LOD’ and ‘LOQ’ are replaced by the following:

                           ‘“LOD”= Limit of detection, smallest measured content, from which it is possible to deduce the presence of the analyte with reasonable statistical certainty.

                           “LOQ”= Limit of quantification, lowest content of the analyte which can be measured with reasonable statistical certainty.’;

                        (2)

                        in point C.3.3.1, Performance criteria, point (b) is replaced by the following:

                                    ‘(b)

                                    Performance criteria for methods of analysis for 3-monochloropropane-1,2-diol (3-MCPD), 3-MCPD fatty acid esters and glycidyl fatty acid esters:

                                                —

                                                Performance criteria for methods of analysis for 3-MCPD in foods specified in point 4.1 of the Annex to Regulation (EC) No 1881/2006

                                                   Table 6a

                                                            Parameter

                                                            Criterion

                                                            Applicability

                                                            Foods specified in point 4.1 of the Annex to Regulation (EC) No 1881/2006

                                                            Specificity

                                                            Free from matrix or spectral interferences

                                                            Field blanks

                                                            Less than LOD

                                                            Repeatability (RSDr)

                                                            0,66 times RSDR as derived from (modified) Horwitz equation

                                                            Reproducibility (RSDR)

                                                            as derived from (modified) Horwitz equation

                                                            Recovery

                                                            75-110 %

                                                            Limit of Detection (LOD)

                                                            ≤ 5 μg/kg (on dry matter basis)

                                                            Limit of Quantification (LOQ)

                                                            ≤ 10 μg/kg (on dry matter basis)

                                                —

                                                Performance criteria for methods of analysis for 3-MCPD in foods specified in point 4.3 of the Annex to Regulation (EC) No 1881/2006

                                                   Table 6b

                                                            Parameter

                                                            Criterion

                                                            Applicability

                                                            Foods specified in point 4.3 of the Annex to Regulation (EC) No 1881/2006

                                                            Specificity

                                                            Free from matrix or spectral interferences

                                                            Field blanks

                                                            Less than LOD

                                                            Repeatability (RSDr)

                                                            0,66 times RSDR as derived from (modified) Horwitz equation

                                                            Reproducibility (RSDR)

                                                            as derived from (modified) Horwitz equation

                                                            Recovery

                                                            75-110 %

                                                            Limit of Detection (LOD)

                                                            ≤ 7 μg/kg

                                                            Limit of Quantification (LOQ)

                                                            ≤ 14 μg/kg

                                                —

                                                Performance criteria for methods of analysis for 3-MCPD fatty acid esters, expressed as 3-MCPD, in foods specified in point 4.3 of the Annex to Regulation (EC) No 1881/2006

                                                   Table 6c

                                                            Parameter

                                                            Criterion

                                                            Applicability

                                                            Foods specified in point 4.3 of the Annex to Regulation (EC) No 1881/2006

                                                            Specificity

                                                            Free from matrix or spectral interferences

                                                            Repeatability (RSDr)

                                                            0,66 times RSDR as derived from (modified) Horwitz equation

                                                            Reproducibility (RSDR)

                                                            as derived from (modified) Horwitz equation

                                                            Recovery

                                                            70-125 %

                                                            Limit of Detection (LOD)

                                                            Three tenths of LOQ

                                                            Limit of Quantification (LOQ)
                                                            for foods specified in 4.3.1 and 4.3.2

                                                            ≤ 100 μg/kg in oils and fats

                                                            Limit of Quantification (LOQ)
                                                            for foods specified in 4.3.3 and in 4.3.4 with a fat content < 40 %

                                                            ≤ two fifths of the ML

                                                            Limit of Quantification (LOQ)
                                                            for foods specified in 4.3.4 with a fat content ≥ 40 %

                                                            ≤ 15 μg/kg fat

                                                —

                                                Performance criteria for methods of analysis for glycidyl fatty acid esters, expressed as glycidol, in foods specified in point 4.2 of the Annex to Regulation (EC) No 1881/2006

                                                   Table 6d

                                                            Parameter

                                                            Criterion

                                                            Applicability

                                                            Foods specified in point 4.2 of the Annex to Regulation (EC) No 1881/2006

                                                            Specificity

                                                            Free from matrix or spectral interferences

                                                            Repeatability (RSDr)

                                                            0,66 times RSDR as derived from (modified) Horwitz equation

                                                            Reproducibility (RSDR)

                                                            as derived from (modified) Horwitz equation

                                                            Recovery

                                                            70-125 %

                                                            Limit of Detection (LOD)

                                                            Three tenths of LOQ

                                                            Limit of Quantification (LOQ)
                                                            for foods specified in 4.2.1 and 4.2.2

                                                            ≤ 100 μg/kg in oils and fats

                                                            Limit of Quantification (LOQ)
                                                            for foods specified in 4.2.3 with a fat content < 65 % and in 4.2.4 with a fat content < 8 %

                                                            ≤ two fifths of the ML

                                                            Limit of Quantification (LOQ)
                                                            for foods specified in 4.2.3 with a fat content ≥ 65 % and in 4.2.4 with a fat content ≥ 8 %

                                                            ≤ 31 μg/kg fat’

                        (3)

                        in point C.3.3.1, Performance criteria, point (d), ‘Notes to the performance criteria’ is replaced by the following:

                                    ‘(d)

                                    Performance criteria for methods of analysis for acrylamide:

                                       Table 8

                                                Parameter

                                                Criterion

                                                Applicability

                                                All foods

                                                Specificity

                                                Free from matrix or spectral interferences

                                                Field blanks

                                                Less than Limit of Detection (LOD)

                                                Repeatability (RSDr)

                                                0,66 times RSDR as derived from (modified) Horwitz equation

                                                Reproducibility (RSDR)

                                                as derived from (modified) Horwitz equation

                                                Recovery

                                                75-110 %

                                                Limit of Detection (LOD)

                                                Three tenths of LOQ

                                                Limit of Quantification (LOQ)

                                                For foods with benchmark levels < 125 µg/kg: ≤ two fifths of the benchmark level, however not required to be lower than 20 µg/kg
                                                For foods with benchmark level ≥ 125 µg/kg: ≤ 50 µg/kg’

                        (4)

                        in point C.3.3.1, Performance criteria, the following points (e) and (f) are added:

                                    ‘(e)

                                    Performance criteria for methods of analysis for perchlorate:

                                       Table 9

                                                Parameter

                                                Criterion

                                                Applicability

                                                All foods

                                                Specificity

                                                Free from matrix or spectral interferences

                                                Repeatability (RSDr)

                                                0,66 times RSDR as derived from (modified) Horwitz equation

                                                Reproducibility (RSDR)

                                                as derived from (modified) Horwitz equation

                                                Recovery

                                                70-110 %

                                                Limit of Detection (LOD)

                                                Three tenths of LOQ

                                                Limit of Quantification (LOQ)

                                                ≤ two fifths of the ML

                                    (f)

                                    Notes to the performance criteria:
                                    The Horwitz equation (*1) (for concentrations 1,2 x 10-7 ≤ C ≤ 0,138) and the modified Horwitz equation (*2) (for concentrations C < 1,2 × 10-7) are generalised precision equations which are independent of analyte and matrix but solely dependent on concentration for most routine methods of analysis.
                                    Modified Horwitz equation for concentrations C < 1,2 × 10-7:
                                    RSDR = 22 %
                                    where:

                                                —

                                                RSDR is the relative standard deviation calculated from results generated under reproducibility conditions

                                                —

                                                C is the concentration ratio (i.e. 1 = 100g/100g, 0,001 = 1 000 mg/kg). The modified Horwitz equation applies to concentrations C < 1,2 × 10-7.

                                          Horwitz equation for concentrations 1,2 x 10-7 ≤ C ≤ 0,138:
                                    RSDR = 2C(-0,15)

                                    where:

                                                —

                                                RSDR is the relative standard deviation calculated from results generated under reproducibility conditions

                                                —

                                                C is the concentration ratio (i.e. 1 = 100g/100g, 0,001 = 1 000 mg/kg). The Horwitz equation applies to concentrations 1,2 x 10-7 ≤ C ≤ 0,138.

                           (*1)  W. Horwitz, L.R. Kamps, K.W. Boyer, J.Assoc.Off.Analy.Chem.,63, 1980, 1344-1354."

                           (*2)  M. Thompson, Analyst, 125, 2000, 385-386.’"

                        (5)

                        in point C.3.3.2., ‘Fitness-for-purpose’ approach, the words ‘Table 8’ are replaced by the words ‘Table 10’.

               (*1)  W. Horwitz, L.R. Kamps, K.W. Boyer, J.Assoc.Off.Analy.Chem.,63, 1980, 1344-1354.

               (*2)  M. Thompson, Analyst, 125, 2000, 385-386.’’


title: Commission implementing Regulation (EU) 2019/2094 of 29 November 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mancozeb, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (Text with EEA relevance)

text:
                  9.12.2019

                  EN

                  Official Journal of the European Union

                  L 317/102

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2094
         of 29 November 2019
         amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mancozeb, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the first paragraph of Article 17 thereof,
         Whereas:

                     (1)

                     Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.

                     (2)

                     The approval period of the active substances dimoxystrobin, mancozeb, mecoprop-P, metiram, oxamyl and pyraclostrobin was extended until 31 January 2020 by Commission Implementing Regulation (EU) 2018/1796 (3).

                     (3)

                     The approval period of the active substances benfluralin, fluazinam, flutolanil and mepiquat was extended until 29 February 2020 by Commission Implementing Regulation (EU) 2019/168 (4).

                     (4)

                     Applications for the renewal of the approval of those substances were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (5).

                     (5)

                     Due to the fact that the assessment of those substances has been delayed for reasons beyond the control of the applicants, the approvals of those active substances are likely to expire before a decision has been taken on their renewal. It is therefore necessary to extend their approval periods.

                     (6)

                     In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission is to adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission is to set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission is to adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.

                     (7)

                     Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

                     (8)

                     The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 29 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            (3)  Commission Implementing Regulation (EU) 2018/1796 of 20 November 2018 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances amidosulfuron, bifenox, chlorpyrifos, chlorpyrifos-methyl, clofentezine, dicamba, difenoconazole, diflubenzuron, diflufenican, dimoxystrobin, fenoxaprop-p, fenpropidin, lenacil, mancozeb, mecoprop-p, metiram, nicosulfuron, oxamyl, picloram, pyraclostrobin, pyriproxyfen and tritosulfuron (OJ L 294, 21.11.2018, p. 15).

            (4)  Commission Implementing Regulation (EU) 2019/168 of 31 January 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances abamectin, Bacillus subtilis (Cohn 1872) Strain QST 713, Bacillus thuringiensis subsp. Aizawai, Bacillus thuringiensis subsp. israeliensis, Bacillus thuringiensis subsp. kurstaki, Beauveria bassiana, benfluralin, clodinafop, clopyralid, Cydia pomonella Granulovirus (CpGV), cyprodinil, dichlorprop-P, epoxiconazole, fenpyroximate, fluazinam, flutolanil, fosetyl, Lecanicillium muscarium, mepanipyrim, mepiquat, Metarhizium anisopliae var. Anisopliae, metconazole, metrafenone, Phlebiopsis gigantea, pirimicarb, Pseudomonas chlororaphis strain: MA 342, pyrimethanil, Pythium oligandrum, rimsulfuron, spinosad, Streptomyces K61, thiacloprid, tolclofos-methyl, Trichoderma asperellum, Trichoderma atroviride, Trichoderma gamsii, Trichoderma harzianum, triclopyr, trinexapac, triticonazole, Verticillium albo-atrum and ziram (OJ L 33, 5.2.2019, p. 1).

            (5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

            ANNEX
            Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                        (1)

                        in the sixth column, expiration of approval, of row 57, Mecoprop-P, the date is replaced by ‘31 January 2021’;

                        (2)

                        in the sixth column, expiration of approval, of row 81, Pyraclostrobin, the date is replaced by ‘31 January 2021’;

                        (3)

                        in the sixth column, expiration of approval, of row 114, Mancozeb, the date is replaced by ‘31 January 2021’;

                        (4)

                        in the sixth column, expiration of approval, of row 115, Metiram, the date is replaced by ‘31 January 2021’;

                        (5)

                        in the sixth column, expiration of approval, of row 116, Oxamyl, the date is replaced by ‘31 January 2021’;

                        (6)

                        in the sixth column, expiration of approval, of row 128, Dimoxystrobin, the date is replaced by ‘31 January 2021’;

                        (7)

                        in the sixth column, expiration of approval, of row 187, Flutolanil, the date is replaced by ‘28 February 2021’;

                        (8)

                        in the sixth column, expiration of approval, of row 188, Benfluralin, the date is replaced by ‘28 February 2021’;

                        (9)

                        in the sixth column, expiration of approval, of row 189, Fluazinam, the date is replaced by ‘28 February 2021’;

                        (10)

                        in the sixth column, expiration of approval, of row 191, Mepiquat, the date is replaced by ‘28 February 2021’.


title: Commission Implementing Regulation (EU) 2019/2095 of 29 November 2019 operating deduction from the Atlantic salmon fishing quota available to Poland in 2019 on account of overfishing in 2018

text:
                  9.12.2019

                  EN

                  Official Journal of the European Union

                  L 317/105

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2095
         of 29 November 2019
         operating deduction from the Atlantic salmon fishing quota available to Poland in 2019
         on account of overfishing in 2018
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(1), (2) and (3) thereof,
         Whereas:

                     (1)

                     The fishing quota for Atlantic salmon in Union waters of Subdivisions 22-31 (SAL/3BCD-F) has been allocated to Poland for the year 2018 by Council Regulation (EU) 2017/1970 (2).

                     (2)

                     This fishing quota for the year 2018 was increased by 1369 specimen following application of the year-to-year flexibility set up by Article 15(9) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3). The increase, corresponding to 10 % of the permitted landings for the year 2017, was calculated on the basis of the remaining unused quantities after catch declarations. During inspection missions carried out in Poland in accordance with Regulation (EC) No 1224/2009 during 2018 the Commission detected misreported and under-reported catch data revealing that the 2017 Polish quota for Atlantic Salmon in Union waters of Subdivisions 22-31 had been exhausted. Therefore, the year-to-year flexibility from year 2017 to year 2018 under Article 15(9) of Regulation (EC) No 1380/2013 had been unduly granted and the corresponding quantities should be deducted accordingly from the 2018 quota.

                     (3)

                     The Commission also detected further inconsistencies in the Polish data about Atlantic salmon fishery in Union waters of Subdivisions 22-31 for the year 2018 by cross-checking the data recorded and reported during inspected and non-inspected fishing trips. These inconsistencies in catch composition reporting were corroborated by several audit and verification missions conducted in Poland during 2018 and 2019 in accordance with Regulation (EC) No 1224/2009. These audit reports were duly communicated to and discussed with Poland.

                     (4)

                     The evidence gathered allowed the Commission to establish that the quota for Atlantic salmon in Union waters of Subdivisions 22-31 allocated to Poland in the year 2018 by Council Regulation (EU) 2017/1970 was exceeded by 2 160 pieces of salmon. Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.

                     (5)

                     Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions have to be operated in the following year or years by applying the respective multiplying factors as set out therein.

                     (6)

                     A multiplying factor equal to 1,00 should apply in accordance with Article 105(2) of Regulation (EC) No 1224/2009 as the amount of overfishing as quantified by the Commission is less than 100 tonnes,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The fishing quota for Atlantic salmon in Union waters of Subdivisions 22-31 allocated to Poland for the year 2019 by Council Regulation (EU) 2018/1628 (4) shall be reduced as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 29 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Council Regulation (EU) 2017/1970 of 27 October 2017 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2017/127 (OJ L 281, 31.10.2017, p. 1).

            (3)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

            (4)  Council Regulation (EU) 2018/1628 of 30 October 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2018/120 as regards certain fishing opportunities in other waters (OJ L 272, 31.10.2018, p. 1).

            ANNEX
            DEDUCTION FROM ATLANTIC SALMON FISHING QUOTA AVAILABLE TO POLAND IN 2019 FOR STOCKS WHICH HAVE BEEN OVERFISHED

                        Mem-ber State

                        Species code

                        Area code

                        Species name

                        Area name

                        Initial quota 2018 (in pieces)

                        Permitted landings 2018 (Total adapted quantity in pieces) (1)

                        Total catches 2018 (quantity
                        in pieces)

                        Quota con-sumption related to permitted landings

                        Overfishing related to permitted landing (quantity in pieces)

                        Multiplying factor (3)

                        Additional Multiplying factor (4)
                           ,
                            (5)

                        Deductions to apply in 2019 (quantity in pieces)

                        PL

                        SAL

                        3BCD-F

                        Atlantic salmon

                        Union waters of subdivisions 22-31

                        5 729

                        15 739  (2)

                        17 899

                        113,72 %

                        2 160

                        1,00

                        /

                        2 160

               (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 2017 to 2018 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3) and with Article 15(9) of Regulation (EU) No 1380/2013 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.

               (2)  This amount includes a reduction of 1369 pieces of salmon corresponding to the year-to-year flexibility unduly granted in 2018 under Article 15(9) of Regulation (EU) No 1380/2013 after detection of mis-reported and under-reported catch data for 2017.

               (3)  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.

               (4)  As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.

               (5)  Letter ‘A’ indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2016, 2017 and 2018. Letter ‘C’ indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.