L 365/106 Official Journal of the European Union 19.12.2014 COMMISSION IMPLEMENTING REGULATION (EU) No 1360/2014 of 18 December 2014 operating deductions from fishing quotas available for certain stocks in 2014 on account of over- fishing of other stocks in the previous years and amending Implementing Regulation (EU) 871/2014 as regards amounts to be deducted in future years 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 Community 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 ('), and in particular Article 105 (1), (2), (3) and (5) thereof, Whereas: (1) Council Regulations (EU) No 1262/2012 (), (EU) No 1088/2012 (), (EU) No 1261/2012 (¥, (EU) No 39/2013 (°) and (EU) No 40/2013 (*) fix fishing quotas for certain stocks for 2013. (2)  Council Regulations (EU) No 12622012, (EU) No 1180/2013 (), (EU) No 24/2014 (), and (EU) No 43/2014 () fix fishing quotas for certain stocks for 2014. (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) No 871/2014 (*°) has established deductions from fishing quotas for certain stocks in 2014 on account of overfishing in the previous years. (5)  However, for certain Member States no deductions could be operated by Implementing Regulation (EU) No 871/2014 from quotas allocated for the overfished stocks because such quotas were not available for those Member States in the year 2014. (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 should be operated on other stocks in the same geographical area or with the same commercial value. According to Commission Communication No 2012/C 72/07 (') 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. () OJL343,22.12.2009,p. 1. (¥) Council Regulation (EU) No 1262/2012 of 20 December 2012 fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish stocks (OJ L 356, 22.12.2012, p. 22). (®) Council Regulation (EU) No 1088/2012 of 20 November 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (O] L 323,22.11.2012, p. 2). (*) Council Regulation (EU) No 1261/2012 of 20 December 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Black Sea (O] L 356, 22.12.2012, p. 19). () Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (OJ L 23, 25.1.2013, p. 1). () Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non- EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agree- ments (O] L 23, 25.1.2013, p. 54). () Council Regulation (EU) No 1180/2013 of 19 November 2013 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (O] L 313,22.11.2013, p. 4). (®) Council Regulation (EU) No 24/2014 of 10 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (O] L 9, 14.1.2014, p. 4). (’) Council Regulation (EU) No 432014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (O] L 24, 28.1.2014, p. 1). (") Commission Implementing Regulation (EU) No 871/2014 of 11 August 2014 operating deductions from fishing quotas available for certain stocks in 2014 on account of overfishing in the previous years (O] L 239, 12.8.2014, p. 14). (") 0] C€72,10.3.2012, p. 27.