3. When more than 75 % of a quota for a stock subject to a precautionary TAC has been utilized before 31 October of the year of its application, the Member State to which such a quota has been allocated may request the Commission's permission to land additional quantities of fish of the same stock indicating the additional quantity required, this quantity not to exceed 10 % of the appropriate quota. The Commission shall decide on such requests within 20 workings days in accordance with the procedure laid down in Article 36 of Regulation (EEC) No 2847/93. The additional quantity granted under this procedure shall be considered as exceeding permitted landings for the purposes of the deductions envisaged in Article 5 of this Regulation.
Article 4
1. Article 3 (2) and (3) shall apply to stocks subject to an analytical TAC.
2. For stocks subject to analytical TAC, except those referred to in Article 5 (2), a Member State to which a relevant quota has been allocated may ask the Commission, before 31 October of the year of application of the quota, to withhold a maximum of 10 % of its quota to be transferred to the following year.
The Commission, in accordance with the procedure laid down in Article 36 of Regulation (EEC) No 2847/93, shall add to the relevant quota the quantity withheld.
Article 5
1. Except for the stocks referred to in paragraph 2, all landings in excess of the respective permitted landings shall be deducted from the quotas of the same stock in the following year.
2. For the stocks referred to in the third indent of Article 2, overfishing of permitted landings shall lead to deduction from the corresponding quota in the following year according to the following table:
Extent of the overfishing relative to the permitted landings |
Deduction |
The first 10 % |
Overfishing x 1,00 |
The next 10 % up to 20 % in total |
Overfishing x 1,10 |
The next 20 % up to 40 % in total |
Overfishing x 1,20 |
Any further overfishing greater than 40 % |
Overfishing x 1,40 |