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23.2.2011 Official
Journal
of
the
European
Union L
48/11
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) No 165/2011
of 22 February 2011
providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent
years on account of overfishing in 2010
THE EUROPEAN COMMISSION,
(4) According
to
paragraph
1
of
Article
105
of
Regulation
(EC) No 1224/2009, when the Commission has estab
Having regard to the Treaty on the Functioning of the European
lished that a Member State has exceeded the fishing
Union,
quotas which have been allocated to it, the Commission
shall operate deductions from future fishing quotas of
Having regard to Council Regulation (EC) No 1224/2009 of
that Member State.
20 November 2009 establishing a Community control system
for ensuring compliance with the rules of the common fisheries
policy, amending Regulations (EC) No 847/96, (EC) No
(5) Paragraph
2
of
Article
105
of
Regulation
(EC)
No
2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No
1224/2009 provides that deductions from fishing
2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No
quotas shall be operated in the following year or years
509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No
by applying certain multiplying factors set out in that
1300/2008, (EC) No 1342/2008 and repealing Regulations
paragraph.
(EEC) No 2847/93, (EC) No 1627/94 and (EC) No
1966/2006 ( 1 ), and in particular Article 105(1) and (2) thereof,
(6) The
deductions
applicable
for
overfishing
in
2010
are
Whereas:
higher than the quota allocated to Spain in 2011 for

the stock concerned.
(1) A
fishing
quota
for
mackerel
in
zone
VIIIc,
IX
and
X;
EU
waters of CECAF 34.1.1 was allocated to Spain for 2010
(7) The
mackerel
stock
in
question
is
currently
within
safe
by Council Regulation (EU) No 53/2010 ( 2 ) and for 2011
biological limits and scientific advice indicates that this is
by Council Regulation (EU) No 57/2011 ( 3 ).
likely to remain so in the foreseeable future. An
immediate and full application of the deduction from
(2) The
mackerel
fishing
quota
for
2010
was
reduced
the Spanish mackerel quota for 2011 would lead to a
following exchanges made by Spain with France and
complete closure of this fishery in 2011. In the specific
Portugal, pursuant to Article 20(5) of Council Regulation
circumstances of this case, such complete closure is likely
(EC) No 2371/2002 of 20 December 2002 on the
to involve serious risks of disproportionate socio-
conservation and sustainable exploitation of fisheries
economic consequences for both the fishing sector
resources under the Common Fisheries Policy ( 4 ).
concerned and the associated processing industry. On
balance, and taking into consideration the objectives of
(3) The
Commission
detected
inconsistencies
in
the
Spanish
the Common Fisheries Policy, it is considered appropriate
data about the mackerel fishery in 2010 by cross
in this particular case to operate the deductions needed
checking such data as they had been recorded and
for the restitution of the overfishing amount due over a
reported at different stages of the value chain, from
period of 5 years, from 2011 to 2015 and, if necessary,
catch to first sale. These inconsistencies were further
to operate any remainder deduction from the mackerel
corroborated through the conduct of several audits,
quota allocated in immediately subsequent years.
verification missions and inspections in Spain in
accordance with Regulation (EC) No 1224/2009. The
evidence gathered in the course of the investigation
HAS ADOPTED THIS REGULATION:
allows the Commission to establish that this Member
State has exceeded its mackerel quota in the year 2010
by 19 621 tonnes.
Article 1
The fishing quota for mackerel (Scomber scombrus) in zone VIIIc,
( 1 ) OJ L 343, 22.12.2009, p. 1.
IX and X; EU waters of CECAF 34.1.1 allocated to Spain in the
( 2 ) OJ L 21, 26.1.2010, p. 1.
( 3 ) OJ L 24, 27.1.2011, p.1.
year 2011 by Regulation (EU) No 57/2011 shall be reduced as
( 4 ) OJ L 358, 31.12.2002, p. 59.
shown in the Annex.

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L 48/12
EN
Official Journal of the European Union
23.2.2011
Article 2
The fishing quota for mackerel (Scomber scombrus) in zone VIIIc, IX and X; EU waters of CECAF 34.1.1 that
may be allocated to Spain in the years from 2012 to 2015 and, where appropriate, the fishing quota for the
same stock which may be allocated to Spain in subsequent years shall be reduced as shown in the Annex.
Article 3
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, 22 February 2011.
For the Commission
The President
José Manuel BARROSO

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23.2.2011 Off
ANNEX
Multiplying factor
Difference
of Article 105(2) of
Deduction 2015
Stock Initial
quota
2010
Adapted quota
Established catches
and, where
2010
2010
quota-catches
Regulation (EC) No Deduction 2011 Deduction
2012 Deduction
2013 Deduction
2014
(overfishing)
1224/2009
appropriate,
(overfishing * 2)
subsequent years
EN

MAC/8C3411 27
919 24
604 44
225 –
19
621 – 39 242 4
500 5
500 9
748 9
747 9
747
(79,7 % of 2010
quota)
icial
Jour
nal
of
the
European
Union
L
48/13

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