Exploratory fisheries
Regulation (EU) 2019/124 is amended as follows:
(1)
Article 27(2) is replaced by the following:
‘2. The Member States referred to in paragraph 1 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2019 to the total Union level of 36 102 gross tonnage in that area.’;
(2)
the following Article is inserted:
‘Article 28a
Exploratory fisheries
1. Member States may participate in longline exploratory fisheries for toothfish ( Dissostichus spp.) in the SPRFMO Convention Area in 2019 only if the SPRFMO has approved their application for such fisheries including a Fisheries Operation Plan and commitment to implement a Data Collection Plan.
2. Fishing shall take place only in the research blocks specified in Annex IJ. Fishing shall be prohibited in depths less than 750 metres and more than 2 000 metres.
3. The TAC shall be as set out in Annex IJ. Fishing shall be limited to one trip of a maximum duration of 21 consecutive days and to a maximum number of 5 000 hooks per set, with a maximum of 20 sets per research block. Fishing shall cease either when the TAC is reached or if 100 sets have been set and hauled, whichever is sooner.’;
(3)
Annexes IA, IB, IH, IJ, III, IV, VII and VIII to Regulation (EU) 2019/124 are amended in accordance with the Annex to this Regulation.
ANNEXSupplementary provisions
ANNEX
1.
Annex IA is amended as follows:
(a)
the fishing opportunities table for sandeel and associated by-catches in Union waters of ICES divisions 2a and 3a and ICES subarea 4 is replaced by the following:
‘ Species:
Sandeel and associated by-catches
Ammodytes spp.
Zone:
Union waters of 2a, 3a and 4 ( 1 )
Denmark
106 387 ( 2 )
United Kingdom
2 325 ( 2 )
Germany
162 ( 2 )
Sweden
3 906 ( 2 )
Union
112 780
TAC
112 780
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Special condition:
within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IIC:
Zone
:
Union waters of sandeel management areas
1r
2r ( )
3r
4 ( )
5r
6
7r
(SAN/234_1R)
(SAN/234_2R)
(SAN/234_3R)
(SAN/234_4)
(SAN/234_5R)
(SAN/234_6)
(SAN/234_7R)
Denmark
86 704
4 717
10 084
4 717
0
165
0
United Kingdom
1 895
103
220
103
0
4
0
Germany
133
7
15
7
0
0
0
Sweden
3 184
173
370
173
0
6
0
Union
91 916
5 000
10 689
5 000
0
175
0
Total
91 916
5 000
10 689
5 000
0
175
0
( ) In management areas 2r and 4 the TAC may only be fished as a monitoring TAC with an associated sampling protocol for the fishery.’
(b)
the fishing opportunities table for blue whiting in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 is replaced by the following:
‘ Species:
Blue whiting
Micromesistius poutassou
Zone:
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14
(WHB/1X14)
Denmark
48 813 ( 4 )
Germany
18 979 ( 4 )
Spain
41 383 ( 4 )
( 5 )
France
33 970 ( 4 )
Ireland
37 800 ( 4 )
The Netherlands
59 522 ( 4 )
Portugal
3 844 ( 4 )
( 5 )
Sweden
12 075 ( 4 )
United Kingdom
63 341 ( 4 )
Union
319 727 ( 4 )
( 6 )
Norway
99 900
Faroe Islands
10 000
TAC
Not relevant
Analytical TAC
Article 7(2) of this Regulation applies
(c)
the fishing opportunities table for Ling in Union waters of 4 is replaced by the following:
‘ Species:
Ling
Molva molva
Zone:
Union waters of 4
(LIN/04-C.)
Belgium
26 ( 7 )
Denmark
404 ( 7 )
Germany
250 ( 7 )
France
225
The Netherlands
9
Sweden
17 ( 7 )
United Kingdom
3 104 ( 7 )
Union
4 035
TAC
4 035
Precautionary TAC
(d)
the Appendix is replaced by the following:
‘Appendix
The TACs referred to in Article 8(4) are the following:
For Belgium: common sole in 7a; common sole in 7f and 7g; common sole in 7e; common sole in 8a and 8b; megrims in 7, haddock in 7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1; Norway lobster in 7; cod in 7a; plaice in 7f and 7g; plaice in 7h, 7j and 7k; Skates and Rays in 6a, 6b, 7a-c and 7e-k.
For France: mackerel in 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32; herring in 4, 7d and Union waters of 2a; horse mackerel in Union waters of 4b, 4c and 7d; whiting in 7b-k; haddock in 7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1; common sole in 7f and 7g; whiting in 8; red seabream in Union and international waters of 6, 7 and 8; boarfish in Union and international waters of 6, 7 and 8; mackerel in 6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14; skates and rays in Union waters of 6a, 6b, 7a-c and 7e-k, skates and rays in Union waters of 7d, skates and rays in Union waters of 8 and 9; undulate ray in Union waters of 7d and 7e.
For Ireland: anglerfish in 6; Union and international waters of 5b; international waters of 12 and 14; anglerfish in 7; Norway lobster in Functional Unit 16 of ICES Subarea 7.
For the United Kingdom: in exchange for the West of Scotland cod and whiting: cod in 6b; Union and international waters of 5b west of 12° 00′ W and of 12 and 14; whiting in 6; Union and international waters of 5b; international waters of 12 and 14; and in exchange for the Celtic Sea cod, Irish Sea whiting and plaice in 7h, 7j and 7k: cod in 7b, 7c, 7e-k, 8, 9 and 10; Union waters; haddock in 7b-k, 8,9 and 10; Union waters of CECAF 34.1.1; sole in 7h, 7j and 7k; sole in 7e; plaice in 7h, 7j and 7k.
’
2.
Annex IB is amended as follows:
(a)
the fishing opportunities table for herring in Union, Faroese, Norwegian and international waters of 1 and 2 is replaced by the following:
‘ Species:
Herring
Clupea harengus
Zone:
Union, Faroese, Norwegian and international waters of 1 and 2
(HER/1/2-)
Belgium
13 ( 8 )
Denmark
13 129 ( 8 )
Germany
2 299 ( 8 )
Spain
43 ( 8 )
France
566 ( 8 )
Ireland
3 399 ( 8 )
The Netherlands
4 698 ( 8 )
Poland
664 ( 8 )
Portugal
43 ( 8 )
Finland
203 ( 8 )
Sweden
4 865 ( 8 )
United Kingdom
8 393 ( 8 )
Union
38 315 ( 8 )
Faroe Islands
4 500 ( 9 )
( 10 )
Norway
34 484 ( 9 )
( 11 )
TAC
588 562
Analytical TAC
Special condition:
within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
Norwegian waters north of 62° N and the fishery zone around Jan Mayen (HER/*2AJMN)
34 484
2, 5b north of 62° N (Faroese waters) (HER/*25B-F)
Belgium
2
Denmark
1 541
Germany
270
Spain
5
France
67
Ireland
399
The Netherlands
552
Poland
78
Portugal
5
Finland
24
Sweden
571
United Kingdom
986’
(b)
the fishing opportunities table for cod in Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14 is replaced by the following:
‘ Species:
Cod
Gadus morhua
Zone:
Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14
(COD/N1GL14)
Germany
1 636 ( 12 )
United Kingdom
364 ( 12 )
Union
2 000 ( 12 )
TAC
Not relevant
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
(c)
the fishing opportunities table for redfish (pelagic) in Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14 is replaced by the following:
‘ Species:
Redfish (pelagic)
Sebastes spp.
Zone:
Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14
(RED/N1G14P)
Germany
765 ( 13 )
( 14 )
( 15 )
France
4 ( 13 )
( 14 )
( 15 )
United Kingdom
5 ( 13 )
( 14 )
( 15 )
Union
774 ( 13 )
( 14 )
( 15 )
Norway
561 ( 13 )
( 14 )
Faroe Islands
0 ( 13 )
( 14 )
( 16 )
TAC
Not relevant
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
3.
Annex IH is replaced by the following:
‘ANNEX IH
WCPFC CONVENTION AREA
Species:
Swordfish
Xiphias gladius
Zone:
WCPFC Convention Area south of 20° S
(SWO/F7120S)
Union
3 170,36
TAC
Not relevant
Precautionary TAC
’
4.
Annex IJ is replaced by the following:
‘ANNEX IJ
SPRFMO CONVENTION AREA
Species:
Jack mackerel
Trachurus murphyi
Zone:
SPRFMO Convention Area
(CJM/SPRFMO)
Germany
9 079,65
The Netherlands
9 841,41
Lithuania
6 317,86
Poland
10 863,08
Union
36 102
TAC
Not relevant
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Species:
Toothfish
Dissostichus spp.
Zone:
SPRFMO Convention Area
(TOP/SPRFMO)
TAC
45 ( 17 )
Precautionary TAC
’
5.
Annex III is replaced by the following:
‘ANNEX III
MAXIMUM NUMBER OF FISHING AUTHORISATIONS FOR UNION FISHING VESSELS FISHING IN THIRD-COUNTRY WATERS
Area of fishing
Fishery
Number of fishing authorisations
Allocation of fishing authorisations amongst Member States
Maximum number of vessels present at any time
Norwegian waters and fishery zone around Jan Mayen
Herring, north of 62° 00′ N
77
DK
25
57
DE
5
FR
1
IE
8
NL
9
PL
1
SV
10
UK
18
Demersal species, north of 62° 00′ N
80
DE
16
50
IE
1
ES
20
FR
18
PT
9
UK
14
Unallocated
2
Mackerel ( 18 )
Not relevant
Not relevant
70
Industrial species, south of 62° 00′ N
480
DK
450
150
UK
30
Faroese waters
All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines
26
BE
0
13
DE
4
FR
4
UK
18
Directed fisheries for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62° 28′ N and east of 6° 30′ W
8 ( 19 )
Not relevant
4
Trawl fisheries outside 21 miles from the Faroese baseline. In the periods from 1 March to 31 May and from 1 October to 31 December, those vessels may operate in the area between 61° 20′ N and 62° 00′ N and between 12 and 21 miles from the baselines
70
BE
0
26
DE
10
FR
40
UK
20
Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61° 30′ N and west of 9° 00′ W and in the area between 7° 00′ W and 9° 00′ W south of 60° 30′ N and in the area south-west of a line between 60° 30′ N, 7° 00′ W and 60° 00′ N, 6° 00′ W
70
DE ( 20 )
8
20 ( 21 )
FR ( 20 )
12
Directed trawl fisheries for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend
70
Not relevant
22 ( 21 )
Fisheries for blue whiting. The total number of fishing authorisations may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called ‘main fishing area of blue whiting’
34
DE
2
20
DK
5
FR
4
NL
6
UK
7
SE
1
ES
4
IE
4
PT
1
Line fisheries
10
UK
10
6
Mackerel
20
DK
2
12
BE
1
DE
2
FR
2
IE
3
NL
2
SE
2
UK
6
Herring, north of 62° 00′ N
20
DK
5
20
DE
2
IE
2
FR
1
NL
2
PL
1
SE
3
UK
4
1, 2b ( 22 )
Fishery for snow crab with pots
20
EE
1
Not applicable
ES
1
LV
11
LT
4
PL
3
’
6.
Annex IV is replaced by the following:
‘ANNEX IV
ICCAT CONVENTION AREA
( 23 )
1.
Maximum number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic
Spain
60
France
37
Union
97
2.
Maximum number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean
Spain
364
France
130
Italy
30
Cyprus
20 ( 24 )
Malta
54 ( 24 )
Union
598
3.
Maximum number of Union fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes
Croatia
16
Italy
12
Union
28
4.
Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean
Table A
Number of fishing vessels ( 25 )
Cyprus ( 26 )
Greece ( 27 )
Croatia
Italy
France
Spain
Malta ( 28 )
Portugal
Purse Seiners
1
1 ( 29 )
16
19
22
6
1
0
Longliners
23 ( 30 )
0
0
35
8
49
61
0
Baitboat
0
0
0
0
37
69
0
76 ( 31 )
Handline
0
0
12
0
33 ( 32 )
1
0
0
Trawler
0
0
0
0
57
0
0
0
Small scale
0
13
0
0
130
599
52
0
Other artisanal ( 33 )
0
42
0
0
0
0
0
0
Table B
Total capacity in gross tonnage
Cyprus
Croatia
Greece
Italy
France
Spain
Malta
Purse Seiners
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Longliners
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Baitboats
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Handlines
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Trawlers
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Other artisanal
To be established
To be established
To be established
To be established
To be established
To be established
To be established
5.
Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State
Member State
Number of traps ( 34 )
Spain
5
Italy
6
Portugal
3
6.
Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean
Table A
Maximum tuna farming capacity and fattening capacity
Number of farms
Capacity (in tonnes)
Spain
10
11 852
Italy
13
12 600
Greece
2
2 100
Cyprus
3
3 000
Croatia
7
7 880
Malta
6
12 300
Table B
( 35 )
( 36 )
Maximum input of wild caught bluefin tuna (in tonnes)
Spain
7 000
Italy
To be determined
Greece
To be determined
Cyprus
To be determined
Croatia
To be determined
Malta
8 766
Portugal
350
7.
The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to fish for northern albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007 shall be as follows:
Member State
Maximum number of vessels
Ireland
50
Spain
730
France
151
United Kingdom
12
Portugal
310
8.
Maximum number of Union fishing vessels of at least 20 meters length that fish for bigeye tuna in the ICCAT Convention Area shall be as follows:
Member State
Maximum number of vessels with purse seines
Maximum number of vessels with longlines
Spain
23
190
France
11
—
Portugal
—
79
Union
34
269
’
7.
Annex VII is replaced by the following:
‘ANNEX VII
WCPFC CONVENTION AREA
Maximum number of Union fishing vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention Area
Spain
14
Union
14
’
8.
Annex VIII is replaced by the following:
‘ANNEX VIII
QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS FOR THIRD-COUNTRY VESSELS FISHING IN UNION WATERS
Flag State
Fishery
Number of fishing authorisations
Maximum number of vessels present at any time
Norway
Herring, north of 62° 00′ N
To be established
To be established
Faroe Islands
Mackerel, 6a (north of 56° 30′ N), 2a, 4a (north of 59° N)
Horse mackerel, 4, 6a (north of 56° 30′ N), 7e, 7f, 7h
20
14
Herring, north of 62° 00′ N
20
To be established
Herring, 3a
4
4
Industrial fishing for Norway pout, 4, 6a (north of 56° 30′ N) (including unavoidable by-catches of blue whiting)
14
14
Ling and tusk
20
10
Blue whiting, 2, 4a, 5, 6a (north of 56° 30′ N), 6b, 7 (west of 12° 00′ W)
20
20
Blue ling
16
16
Venezuela ( 37 )
Snappers (French Guiana waters)
45
45
’
( 1 ) Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula.
( 2 ) Up to 2 % of the quota may consist of by-catches of whiting and mackerel (OT1/*2A3A4). By-catches of whiting and mackerel counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota.
( 3 ) In management areas 2r and 4 the TAC may only be fished as a monitoring TAC with an associated sampling protocol for the fishery.’
( 4 ) Special condition: within a total access quantity of 22 500 tonnes for the Union, Member States may fish up to the following percentage of their quotas in Faroese waters (WHB/*05-F.): 7 %.
( 5 ) Transfers of this quota may be effected to 8c, 9 and 10; Union waters of CECAF 34.1.1. However, such transfers shall be notified in advance to the Commission.
( 6 ) Special condition: from the EU quotas in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 (WHB/*NZJM1) and in 8c, 9 and 10; Union waters of CECAF 34.1.1 (WHB/*NZJM2), the following quantity may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen: 227 975.’
( 7 ) Special condition: of which up to 25 % but no more than 75t may be fished in: Union waters of 3a (LIN/*03A-C).’
( 8 ) When reporting catches to the Commission the quantities fished in each of the following areas shall also be reported: NEAFC Regulatory Area and Union waters.
( 9 ) May be fished in Union waters north of 62° N.
( 10 ) To be counted against the catch limits of the Faroe Islands.
( 11 ) To be counted against the catch limits of Norway.
( 12 ) Except for by-catches, the following conditions shall apply to these quotas:
1.
They may not be fished between 1 April and 31 May 2019.
2.
EU vessels may choose to fish in either or both of the following areas:
Reporting code
Geographical limits
COD/GRL1
The part of the Greenlandic fishing zone that lies within NAFO sub-area 1F West of 44° 00′ W and South of 60° 45′ N, that portion of NAFO subarea 1 lying south of the parallel of 60° 45′ north latitude (Cape Desolation) and the part of the Greenlandic fishing zone within ICES division 14b that lies East of 44° 00′ W and South of 62° 30′ N.
COD/GRL2
The part of the Greenlandic fishing area that lies within ICES division 14b North of 62° 30′ N.’
( 13 ) May only be fished from 10 May to 31 December.
( 14 ) May only be fished in Greenland waters within the Redfish Conservation Area bounded by the lines joining the following coordinates:
Point
Latitude
Longitude
1
64° 45′ N
28° 30′ W
2
62° 50′ N
25° 45′ W
3
61° 55′ N
26° 45′ W
4
61° 00′ N
26° 30′ W
5
59° 00′ N
30° 00′ W
6
59° 00′ N
34° 00′ W
7
61° 30′ N
34° 00′ W
8
62° 50′ N
36° 00′ W
9
64° 45′ N
28° 30′ W
( 15 ) Special condition: this quota may also be fished in international waters of the Redfish Conservation Area mentioned above (RED/*5-14P).
( 16 ) May only be fished in Greenland Waters of 5 and 14 (RED/*514GN).’
( 17 ) This TAC is for exploratory fisheries only. Fishing shall only take place within the following research blocks (A-E):
—
Research block A: area bounded by latitudes 47° 15′ S and 48° 15′ S and by longitudes 146° 30′ E and 147° 30′ E
—
Research block B: area bounded by latitudes 47° 15′ S and 48° 15′ S and by longitudes 147° 30′ E and 148° 30′ E
—
Research block C: area bounded by latitudes 47° 15′ S and 48° 15′ S and by longitudes 148° 30′ E and 150° 00′ E
—
Research block D: area bounded by latitudes 48° 15′ S and 49° 15′ S and by longitudes 149° 00′ E and 150° 00′ E
—
Research block E: area bounded by latitudes 48° 15′ S and 49° 30′ S and by longitudes 150° 00′ E and 151° 00′ E.
( 18 ) Without prejudice to additional licences granted to Sweden by Norway in accordance with established practice.
( 19 ) Those figures are included in the figures for all trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines.
( 20 ) Those figures refer to the maximum number of vessels present at any time.
( 21 ) Those figures are included in the figures for “Trawl fisheries outside 21 miles from the Faroese baselines”.
( 22 ) The allocation of fishing opportunities available to the Union in the zone of Svalbard is without prejudice to the rights and obligations deriving from the Treaty of Paris of 1920.
( 23 ) The numbers shown in sections 1, 2 and 3 may decrease in order to comply with international obligations of the Union.
( 24 ) This number may increase if a purse seine vessel is replaced by 10 longline vessels in accordance with footnote 4 or footnote 6 of table A in point 4 of this Annex.
( 25 ) The numbers in this Table A of section 4 may be further increased, provided that the international obligations of the Union are complied with.
( 26 ) One medium size purse seiner may be replaced by no more than 10 longline vessels or one small purse seiner and no more than three longline vessels.
( 27 ) One medium size purse seiner may be replaced by no more than 10 longline vessels or one small size purse seine vessel and three other artisanal vessels.
( 28 ) One medium size purse seiner may be replaced by no more than 10 longline vessels.
( 29 ) This vessel shall not be used in 2019.
( 30 ) Polyvalent vessels, using multi-gear equipment.
( 31 ) Baitboats of the outermost regions of Azores and Madeira.
( 32 ) Line vessels operating in the Atlantic.
( 33 ) Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line).
( 34 ) This number may be further increased, provided that the international obligations of the Union are complied with.
( 35 ) The farming capacity of Portugal of 500 tonnes is covered by the unused capacity of the Union set out in Table A.
( 36 ) The content of this table shall be further reviewed provided that the international obligations of the Union are complied with. The reviewed table shall not contain figures lower than the ones contained in Regulation (EC) 2018/120.
( 37 ) To issue those fishing authorisations, proof must be produced that a valid contract exists between the ship owner applying for the fishing authorisation and a processing undertaking situated in the Department of French Guiana, and that it includes an obligation to land at least 75 % of all snapper catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. Such a contract must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guianese economy. A copy of the duly endorsed contract shall be appended to the fishing authorisation application. Where such an endorsement is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.