L 19214 Official Journal of the European Union 24.7.2009 COMMISSION REGULATION (EC) No 649/2009 of 23 July 2009 adapting certain fish quotas for 2009 in the context of the year-to-year management of fishing quotas THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploi- tation of fisheries resources under the common fisheries policy (1), and in particular Article 23(4) thereof, Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas(?), and in particular Article 4(2) thereof, Whereas: (1)  According to Article 23(4) of Regulation (EC) No 2371/2002, when the Commission has established that a Member States has exceeded the fishing opportunities which have been allocated to it, the Commission shall operate deductions from future opportunities from that Member State. (2)  Article 5 of Regulation (EC) No 847/96 establishes the criteria and conditions by which the Commission may operate such deductions. (3)  According to Article 4(2) of Regulation (EC) No 847/96 Member States may ask the Commission, before 31 October in the year of application of the quota, to withhold a maximum of 10 % of its quota to be trans- ferred to the following year. The Commission shall add to the relevant quota the quantity withheld. (4)  Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (}), Council Regulation (EC) No 1404/2007 of 26 November 2007 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2008 (4, Council Regulation (EC) No 1579/2007 of 20 December 2007 fixing the fishing opportunities and the conditions relating thereto for certain fish stocks and () O] L 358, 31.12.2002, p. 59. () OJ L 115, 9.5.1996, p. 3. () O] L 384, 29.12.2006, p. 28. (% OJ L 312, 30.11.2007, p. 1. groups of fish stocks applicable in the Black Sea for 2008 (°) and Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing oppor- tunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (), fix quotas for certain stocks for 2008 and specify which stocks may be subject to the measures foreseen by Regulation (EC) No 847/96. (5)  Council Regulation (EC) No 1139/2008 of 10 November 2008 fixing the fishing opportunities and the conditions relating thereto for certain fish stocks applicable in the Black Sea in 2009 (), Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (%), Council Regu- lation (EC) No 1322/2008 of 28 November 2008 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2009 (°) and Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (1), fix quotas for certain stocks for 2009. (6)  For the United Kingdom and Ireland and for Poland, some of these 2009 quotas have been adapted by Commission Regulation (EC) No 147/2007 of 15 February 2007 adapting certain fish quotas from 2007 to 2012 pursuant to Article 23(4) of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (') and Commission Regu- lation (EC) No 635/2008 of 3 July 2008 adapting the cod fishing quotas to be allocated to Poland in the Baltic Sea (Subdivisions 25-32, EC Waters) from 2008 to 2011 pursuant to Council Regulation (EC) No 338/2008 (). (7)  Certain Member States have requested, before 31 October of 2008, pursuant to Article 4(2) Regulation (EC) No 847/96 that part of their quotas for 2008 be withheld and transferred to the following year. Within the limits indicated in that Regulation, the quantities withheld should be added to the quota for 2009. 346, 29.12.2007, p. 1 19, 23.1.2008, p. 1. 308, 19.11.2008, p. 3. 352, 31.12.2008, p. 1. 345, 23.12.2008, p. 1. 22, 26.1.2009, p. 1. 46, 16.2.2007, p. 10. 176, 4.7.2008, p. 8. 99999999 L L L L L L L L