Considerations on COM(2024)506 - Fixing for 2025 and 2026 of the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters
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| dossier | COM(2024)506 - Fixing for 2025 and 2026 of the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union ... |
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| document | COM(2024)506  |
| date | January 30, 2025 |
(2) The total allowable catches (TACs) should therefore be established, in accordance with Article 3 of Regulation (EU) No 1380/2013, on the basis of available scientific advice, taking into account biological and socio-economic aspects, while ensuring fair treatment between fishing sectors, and in the light of opinions expressed during the consultation of stakeholders.
(3) Under Article 15 of Regulation (EU) No 1380/2013, all stocks for which there are catch limits have been subject to the landing obligation since 1 January 2019, although certain exemptions apply. On the basis of joint recommendations by the Member States and in accordance with Article 15 of Regulation (EU) No 1380/2013, the Commission has adopted delegated acts laying down details for the implementation of the landing obligation for certain fisheries.
(4) Fishing opportunities for stocks covered by the landing obligation should take account of the fact that discarding is in principle no longer allowed. Therefore, the fishing opportunities should be based on the advice figure for total catches as provided by the International Council for the Exploration of the Sea (ICES). The quantities that, by way of exemption from the landing obligation, may continue to be discarded should be deducted from that advice figure for total catches. Moreover, fishing opportunities for stocks for which ICES provides only landings advice, should be set on the basis of that advice.
(5) Regulation (EU) 2018/973 of the European Parliament and of the Council (2) established a multiannual plan (‘MAP’) for the North Sea (‘the North Sea MAP’) and Regulation (EU) 2019/472 of the European Parliament and of the Council (3) established a MAP for the Western Waters (‘the Western Waters MAP’). The North Sea MAP and the Western Waters MAP set out targets and measures for the long-term management of stocks covered by those MAPs. Fishing opportunities for stocks listed in Article 1(1) of those Regulations (‘target stocks’) should be fixed in accordance with the range of fishing mortality values resulting in maximum sustainable yield (MSY) (‘ranges of FMSY’), or at a lower level, and in accordance with the safeguards provided for in those Regulations. The ranges of FMSY are set
f) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries
Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22, ELI: data. europa.eu/eli/reg/2013/1380/oj).
(2) Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, p. 1, ELI: data.europa.eu/eli/reg/2018/973/oj).
(3) Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (OJ L 83, 25.3.2019, p. 1, ELI: data.europa.eu/eli/reg/2019/472/oj).
out in the relevant ICES advice. Where no adequate scientific information is available, fishing opportunities for target stocks or stocks referred to in Article 1(4) of those Regulations (‘by-catch stocks’) should be fixed in accordance with the precautionary approach, as set out in those Regulations.
(6) In accordance with Article 4(6) of the North Sea MAP and Article 4(7) of the Western Waters MAP, fishing opportunities for target stocks should be fixed to ensure that there is less than 5 % probability of the biomass falling below the limit biomass reference point (Blim) (4).
(7) In accordance with Article 7 of the North Sea MAP and Article 8 of the Western Waters MAP, where scientific advice indicates that the spawning stock biomass of any of the target stocks is below MSY Bt. er (5), remedial measures are to be taken, in particular the fishing opportunities should be fixed at a level corresponding to the fishing mortality that is reduced proportionally to take into account the decrease in the biomass. Where scientific advice indicates that the spawning stock biomass of any of the target stocks is below Blim, further remedial measures are to be taken to ensure the rapid return of the stock to levels above those capable of producing MSY. In particular, those remedial measures can include suspending the targeted fishery for the stock in question and the adequate reduction of fishing opportunities for those or other stocks in the fisheries.
(8) There are certain stocks for which ICES advises zero catches or low catches, or ICES forecasts that a less than 5 % probability of the biomass falling below Blim could only be achieved with low catches, could only be achieved with zero catches or not be achieved with zero catches. However, if TACs for those stocks were established at the levels advised by ICES, the obligation to land all catches, including by-catches, from those stocks in mixed fisheries, would give rise to the phenomenon of ‘choke species’. ‘Choke species’ are species with a lack of quota that can cause one or more fishing vessels to stop fishing even if they still have quota for other species. Pursuant to Article 5(3) of the North Sea MAP and Western Waters MAP and Article 16(4) of Regulation (EU) No 1380/2013, in conjunction with Article 2(1) and (5), points (c) and (f), of that Regulation and in order to strike a balance between maintaining fisheries, in view of the potentially severe socio-economic implications of failing to do so, and the need to achieve a good biological status for those stocks, taking account of the difficulty of fishing all stocks in a mixed fishery at MSY, it is appropriate to establish specific TACs for by-catches for those stocks. Those by-catch TACs should be set at levels that ensure that the mortality for those stocks is decreased or that their biomass remains stable and that provide incentives to improve selectivity and avoid by-catches of those stocks. In order to reduce catches of the stocks for which by-catch TACs are set, fishing opportunities for the fisheries in which fish from those stocks are caught should be set at levels that help the biomass of vulnerable stocks to recover to sustainable levels.
(9) In order to guarantee, to the extent possible, the use of fishing opportunities in mixed fisheries in accordance with Article 16(2) of Regulation (EU) No 1380/2013, it is appropriate to establish a pool for quota exchanges for Member States that have no quota to cover their unavoidable by-catches.
(10) In accordance with Article 2(2) and Article 16(4) of Regulation (EU) No 1380/2013, for stocks that are not covered by the North Sea MAP or the Western Waters MAP, where adequate scientific information is available, fishing opportunities should be fixed in line with the MSY fishing mortality and, where such information is not available, fishing opportunities should be fixed in line with the precautionary approach to fisheries management, as defined in Article 4(1), point (8), of Regulation (EU) No 1380/2013.
(11) For certain stocks, ICES advice remains valid for several years and that advice remains the best available scientific advice for the entire advice period. In those cases, annual TACs covering the entire advice period should be set (‘multiannual TAC’). However, if new ICES advice becomes available during that period, it should be ensured that the multiannual TAC remains consistent with the new advice. Moreover, it should be ensured that the annual deductions from the Union quotas, to take account of exemptions from the landing obligation, remain consistent with the available data.
(4) Bta is the biomass below which there may be reduced reproductive capacity.
(5) MSY Btiigger is the biomass level below which management action is to be taken to allow a stock to rebuild above the level capable of producing MSY in the long term.
(12) According to the ICES advice for 2025, the biomass of European seabass (Dicentrarchus labrax) in ICES divisions 8a and 8b is forecast to decrease further in 2024 and to remain below MSY B,. but above B,. . Therefore, in accordance with Article 8(1) of the Western Waters MAP, Spain and France are jointly to ensure that, when determining their quotas for commercial fisheries for that stock, the sum of commercial landings, commercial discards, recreational landings and recreational discards is below the F point value (6) for total removals, as reduced proportionally to take into account the decrease in the biomass. In order to allow the Commission to monitor the correct application of the objectives and rules set out in Regulation (EU) No 1380/2013 and in the Western Waters MAP, Member States should submit to the Commission information regarding those quotas.
(13) Additional measures for recreational fisheries for European seabass in ICES divisions 8a and 8b should be maintained, in view of the significant impact of recreational fisheries on the biomass of that stock and taking into account the decreased biomass.
(14) There are certain stocks for which ICES advises catches above a low level. However, if TACs for those stocks were established at those levels, the obligation to land all catches, including by-catches from those stocks in mixed fisheries, would give rise to the phenomenon of ‘choke species’ and the premature closure of certain fisheries. Pursuant to Article 5(3) of the North Sea MAP and Western Waters MAP and Article 16(4) of Regulation (EU) No 1380/2013, in conjunction with Article 2(1) and (5), points (c) and (f), of that Regulation and in order to strike a balance between maintaining fisheries, in view of the potentially severe socio-economic implications of failing to do so, and the need to achieve a good status for those stocks, taking account of the difficulty of fishing all stocks in a mixed fishery at MSY, it is appropriate to establish specific TACs for by-catches for those stocks. Those by-catch TACs should be fixed on the basis of evidence demonstrating that setting the TACs at the level advised by ICES would both lead to the premature closure of one or more fisheries and have a potentially severe socio-economic impact. In addition, those by-catch TACs should be set at levels that reduce the phenomenon of ‘choke species’ and the premature closure of certain fisheries, reduce the associated socio-economic impacts and reduce the fishing mortality for those stocks or ensure that their biomass remains stable, as well as provide incentives to improve selectivity and avoid by-catches of those stocks.
(15) According to scientific advice, recreational catches of pollack (Pollachius pollachius) in ICES subareas 8, 9 and 10 and Union waters of CECAF 34.1.1 are non-negligible. It is therefore appropriate to maintain limits to its recreational fishery in those areas. In order to protect the spawning grounds and limit juvenile catches, no specimen of pollack may be caught and retained from 1 January to 30 April in recreational fisheries, while the maximum of two specimens could be allowed for the remaining part of the year.
(16) In May 2022, ICES noted that, despite Member States’ efforts for the recovery of European eel (Anguilla anguilla), no overall progress had been made in achieving the 40 % silver eel biomass escapement objective across the entire Union, as required by Article 2(4) of Council Regulation (EC) No 1100/2007 (7), and that no clear patterns for mortality were observed. In November 2024, ICES advised once again that, when the precautionary approach is applied, there should be zero catches of European eel in all habitats and at all life stages, throughout its natural range, which includes the north-east Atlantic and the Mediterranean. This concerns both recreational and commercial catches and includes catches of glass eels for restocking and aquaculture.
(17) Council Regulation (EU) 2023/194 (8) extended to 6 months the closure period for any commercial eel fishing activity in Union marine and brackish waters of the north-east Atlantic. It also prohibited all recreational eel fisheries in those waters. It was considered that a 6-month closure period would better protect the stock than the Union and national measures implemented until 2022. It was also considered that the extended closure period would further the achievement of the escapement objective of at least 40 % of silver eels set out in Article 2(4) of Regulation
(6) ‘FMSY point value’ as the value of the estimated fishing mortality that with a given fishing pattern and under current average environmental conditions gives the long-term MSY.
(7) Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel (OJ L 248, 22.9.2007, p. 17, ELI: data.europa.eu/eli/reg/2007/1100/oj).
(8) Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1, ELI: data.europa.eu/eli/reg/2023/194/oj).
(EC) No 1100/2007. Council Regulation (EU) 2024/257 (9) maintained those measures while clarifying the criteria for setting the closure period and the possible derogation for continued limited eel fisheries during the eel migration period. Given the continued critical state of the European eel, it is appropriate to maintain those measures in 2025.
(18)
Pursuant to Regulation (EC) No 1100/2007, restocking of glass eel is a conservation measure chosen by certain Member States in their eel management plans. In order to enable those Member States to continue implementing that measure, glass eel catches in Union marine and brackish waters of the north-east Atlantic at the appropriate time of the year and possibly during their main migration period or periods may be required. Therefore, Member States may allow continued glass eel fishing exclusively for restocking for an additional 50 days during the main migration period or periods of glass eel.
(19) In its advice for certain stocks of elasmobranchs (skates, sharks, rays), ICES recommends zero catches, due to their poor conservation status or where even limited fishing activity could give rise to a serious conservation risk. In addition, such elasmobranchs have high survival rates when discarded. Consequently, catches of those stocks should be discarded rather than landed, as discarding is not considered to raise their fishing mortality significantly and would even support the conservation of those stocks. Therefore, the fishing of such species should be prohibited because, pursuant to Article 15(4), point (a), of Regulation (EU) No 1380/2013, the landing obligation does not apply to species for which fishing is prohibited. When accidentally caught, those species should not be harmed and should be promptly released.
(20) In order to maximise the use of fishing opportunities, it is appropriate to allow for the implementation of a flexible arrangement between certain TAC areas where the same biological stock is concerned.
(21) Articles 3 and 4 of Council Regulation (EC) No 847/96 (10) provide for year-to-year flexibility for quotas for stocks subject to both precautionary and analytical TACs. Under Article 2 of that Regulation, when fixing TACs, the Council is to decide to which stocks Articles 3 and 4 of that Regulation are not to apply, in particular on the basis of their biological status. Moreover, Article 15(9) of Regulation (EU) No 1380/2013 provides for further year-to-year flexibility for all stocks that are subject to the landing obligation. In order to avoid excessive flexibility that would undermine the achievement of the objectives of the CFP, year-to-year flexibility for quotas pursuant to Articles 3 and 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013 should not apply cumulatively. Finally, year-to-year flexibility under Article 15(9) of Regulation (EU) No 1380/2013 should, where relevant, be excluded on the basis of the biological status of stocks.
(22) Where a TAC is allocated to one Member State only, it is appropriate to empower that Member State to fix that TAC, in accordance with Article 2(1) of the Treaty on the Functioning of the European Union (TFEU). Such empowerment is appropriate, provided that, when determining the TAC level, the Member State complies with the objectives and rules set out in Regulation (EU) No 1380/2013, in the North Sea MAP and the Western Waters MAP. In order to allow the Commission to monitor the correct application of the objectives and rules set out in Regulation (EU) No 1380/2013, in the North Sea MAP and the Western Waters MAP, Member States should submit to the Commission information regarding those TACs. In addition, the Commission may request the Scientific, Technical and Economic Committee for Fisheries (STECF) to assess those TACs, and in the event that the STECF assesses those TACs not to comply with objectives and rules set out in Regulation (EU) No 1380/2013, in the North Sea MAP and the Western Waters MAP, Member States should revise the TACs in line with the STECF advice.
(23)
It is necessary to establish the fishing effort limitations for sole (Solea solea) in the Western Channel (ICES division 7e) in accordance with Article 12 of the Western Waters MAP.
(9) Council Regulation (EU) 2024/257 of 10 January 2024 fixing for 2024, 2025 and 2026 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2023/194 (OJ L, 2024/257, 11.1.2024, ELI: data.europa.eu/eli/reg/2024/257/oj).
(10) Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3, ELI: data.europa.eu/eli/reg/1996/847/oj).
(24) It is necessary to establish the fishing effort ceilings for 2025 in accordance with Articles 6, 11, 13 and 16 of Regulation (EU) 2023/2053 of the European Parliament and of the Council (11).
(25) The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (12), and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort, and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending the Commission data on landings of stocks subject to this Regulation.
(26) At its 2024 annual meeting, the North-East Atlantic Fisheries Commission (NEAFC) adopted a TAC for NEAFC Contracting Parties for redfish (Sebastes mentella) in international waters of ICES subareas 1 and 2 for 2025, which may be fished for in the period from 1 July 2025 to 30 November 2025. The Union quota for redfish in that area for 2025 should be set at the level of that TAC. In addition, once the TAC is fully utilised by NEAFC Contracting Parties and the fishery is closed, Member States should prohibit directed fishery for redfish by vessels flying their flag.
(27) The NEAFC adopted for 2025 the same conservation measures as in 2024 for the two redfish stocks (shallow pelagic and deep pelagic) in the Irminger Sea and adjacent waters and adopted additional measures for fishing vessels having carried out directed fisheries for those stocks. Those measures should be implemented in Union law.
(28) The NEAFC did not adopt a recommendation for Greenland halibut (Reinhardtius hippoglossoides) in ICES subareas 1 and 2 for 2025. The Union quota for Greenland halibut in international waters of ICES subareas 1 and 2 for 2025 should be set at the level of 1 711 tonnes. The level of the Union quota corresponds to 9,25 % of the level of the ICES advice for 2023 of 18 494 tonnes. The ICES advice is the last best available scientific advice for Greenland halibut in ICES subareas 1 and 2.
(29) Mackerel (Scomber scombrus), blue whiting (Micromesistius poutassou) and Atlanto-Scandian herring (Clupea harengus) in the north-east Atlantic are subject to coastal States consultations on the fisheries management for those stocks, and are stocks that are also managed by NEAFC. The Union participated in those consultations on the basis of the positions endorsed by the Council on 10 October 2024. The outcome of those consultations was documented in Agreed Records for Atlanto-Scandian herring in the north-east Atlantic for 2025 signed on 18 October 2024, for blue whiting in the north-east Atlantic for 2025 signed on 16 October 2024 and for mackerel in the north-east Atlantic for 2025 signed on 22 October 2024. At its annual meeting in 2024, NEAFC adopted recommendations on conservation and management measures for Atlanto-Scandian herring, blue whiting and mackerel for 2025. It is therefore appropriate to set the TACs for Atlanto-Scandian herring, blue whiting and mackerel in the north-east Atlantic at the level of fishing opportunities agreed in the respective coastal States Agreed Records and NEAFC recommendations.
(30) At its 2024 annual meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT) maintained current measures for certain stocks in the ICCAT Convention area. In addition, the ICCAT increased the TACs for 2025 compared to 2024 for bigeye tuna (Thunnus obesus) and North Atlantic swordfish (Xiphias gladius). Moreover, ICCAT moved the closure for using fish aggregating devices (FADs) for fishing for tropical tunas to later in the year and reduced its duration to 45 days. Those measures should be implemented in Union law.
(31) The Union quotas for stocks in the ICCAT Convention area for 2025 were adjusted during the 2024 ICCAT annual meeting in accordance with several ICCAT recommendations under which the Union may, upon request, carry over a set percentage of its unused quota of fishing opportunities from 2023 to 2025. Pending such possible adjustments to Union quotas under Union law, quotas for individual Member States should be established on the basis of the total Union quota for 2025 as agreed by the ICCAT before any such carry-overs.
(11) Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627 (OJ L 238, 27.9.2023, p. 1, ELI: data.europa. eu/eli/reg/2023/2053/oj).
(12) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 (OJ L 343, 22.12.2009, p. 1, ELI: data.europa.eu/eli/reg/2009/1224/oj).
(32) At its 2024 annual meeting, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for stocks in the CCAMLR Convention area for the period from 1 December 2024 to 30 November 2025. Those measures should be implemented in Union law.
(33) At its 2024 annual meeting, the Indian Ocean Tuna Commission (IOTC) maintained measures adopted for yellowfin tuna (Thunnus albacares) and bigeye tuna in the IOTC Area of Competence for 2025: the catch limit, the limitation of fishing capacity and the limitation of FADs and of supply vessels. Those measures should be implemented in Union law.
(34) The annual meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) is scheduled for 17 to 21 February 2025. Consequently, the current measures in the SPRFMO Convention area that are functionally linked to the TACs should be temporarily maintained until the annual meeting takes place and the 2025 TACs are established.
(35) At its 2024 annual meeting, the Inter-American Tropical Tuna Commission (IATTC) maintained the current measures applicable in the IATTC Convention area while confirming the reduction of the number of drifting FADs for 2025. Those measures should be implemented in Union law.
(36) At its 2023 annual meeting, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) adopted the TAC for Southern bluefin tuna (Thunnus maccoyii) for a 3-year period from 2024 to 2026. That measure should be implemented in Union law for 2025.
(37) At its 2024 annual meeting, the South East Atlantic Fisheries Organisation (SEAFO) maintained for the period 2025-2026 the TACs in the SEAFO Convention area set for 2024. However, the TAC of Patagonian toothfish (Dissostichus eleginoides) in SEAFO subarea D was increased by 13 tonnes for 2025 compared to 2024. Those measures should be implemented in Union law.
(38) At its 2024 annual meeting, the Western and Central Pacific Fisheries Commission (WCPFC) maintained for 2025 the measures adopted for 2024. Those measures should be implemented in Union law.
(39) At its 46th annual meeting in 2024, the Northwest Atlantic Fisheries Organisation (NAFO) adopted fishing opportunities for certain stocks in the NAFO Convention area for 2025. It also maintained for 2025 measures that are functionally linked to the fishing opportunities of shortfin squid (Illex illecebrosus) in NAFO subareas 3 and 4 and yellowtail flounder (Limanda ferruginea) in NAFO divisions 3LNO, aiming at minimising the levels of by-catches of non-target species and without which the fishing opportunities for those stocks would have to be reduced to protect the non-target species. Those measures should be implemented in Union law.
(40) At its 2024 annual meeting, the Parties of the Southern Indian Ocean Fisheries Agreement (SIOFA) revised the fishing opportunities for toothfishes (Dissostichus spp.) in the Del Cano Area. Although the Parties of SIOFA did not adopt the Scientific Committee’s recommendation to establish a new management area for toothfishes in the South Indian Ridge area and a catch limit, the Union should apply those measures in line with that recommendation and its position expressed during that annual meeting of the Parties of SIOFA. They also updated the list of deep-water sharks for which directed fishing in the SIOFA Agreement Area is prohibited. Those measures should be implemented in Union law.
(41) Under Article 498(2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (13) (the ‘Trade and Cooperation Agreement’), the Union and the United Kingdom are to hold annual consultations to agree, by 10 December of each year, the TACs for the following year for the stocks listed in Annex 35 to the Trade and Cooperation Agreement. If such TACs are not agreed on by 10 December, the Parties are to immediately resume consultations with the continued aim of agreeing on the TACs, as required by Article 499(1) of the Trade and Cooperation Agreement.
(42) In 2024, the Union and the United Kingdom held bilateral consultations on the setting of a large number of TACs for 2025 for stocks listed in Annex 35 to the Trade and Cooperation Agreement. Those consultations were conducted pursuant to Article 498(2), (4) and (6) of the Trade and Cooperation Agreement. The Union participated in those
(13) OJ L 149, 30.4.2021, p. 10, ELI: data.europa.eu/eli/agree_internation/2021/689(1)/oj.
consultations on the basis of the Union position endorsed by the Council on 7 October 2024, and in accordance with Commission services non-papers endorsed by the Council on 5, 8, 19 November and 2 December 2024. The outcome of the consultations was documented in a written record signed on 6 December 2024. The relevant fishing opportunities should therefore be fixed at the levels set out in that written record, and the other measures functionally linked to the fishing opportunities also set out in that written record should be implemented in Union law.
(43) The Union and the United Kingdom agreed on a reciprocal access in 2024 to target an initial total of 280 tonnes of northern albacore (Thunnus alalunga) in the exclusive economic zones of the Member States and the United Kingdom. This excludes access to areas covered under Article 5(3) of Regulation (EU) No 1380/2013.
(44) TACs for deep-sea stocks listed in Annex 35 to the Trade and Cooperation Agreement for 2024 were included in Regulation (Eu) 2024/257 but marked as ‘to be established’. Regulation (EU) 2024/257 should therefore be amended and the fishing opportunities for those stocks be fixed at the levels set out in the written record.
(45) Accompanying measures for the stocks concerned should be maintained, including remedial measures for North Sea cod (Gadus morhua) and remedial measures for red seabream (Pagellus bogaraveo) in ICES subareas 6, 7 and 8. The functionally linked technical measures for gadoids and for red seabream should only apply until the relevant delegated acts become applicable.
(46) The Union and the United Kingdom agreed that a maximum catch size of 100 cm should be respected when targeting spurdog (Squalus acanthias), to deter directed fisheries targeting aggregations of mature females in order to protect a component of this stock that is particularly vulnerable to fishing mortality. Such a measure is functionally linked to the TAC for the stock, as without such measure the TAC level alone would not ensure sufficient protection of pupping females, which constitute a particularly vulnerable part of the population. That maximum size should only apply until a delegated act introducing corresponding measures becomes applicable.
(47) Seasonal closures for sandeel (Ammodytes spp.) fisheries with certain towed gear in ICES divisions 2a, 3a and ICES subarea 4 should continue to allow for the protection of spawning grounds and limitation of juvenile catches.
(48) In 2024, the Union, the United Kingdom and Norway held trilateral consultations on six shared and jointly managed stocks occurring within the areas under their jurisdiction, with the aim of agreeing on the management of those stocks, including the fishing opportunities for 2025. Those consultations were conducted between 4 November and 2 December 2024, on the basis of the Union position endorsed by the Council on 7 October 2024, and in accordance with the Commission services non-paper endorsed by the Council on 8 November 2024. The outcome of the consultations was documented in an agreed record signed by the Heads of Delegation on 2 December 2024. The relevant fishing opportunities should be set at the level agreed with the United Kingdom and Norway, and the other provisions of that agreed record should be implemented in Union law.
(49) The Union held bilateral consultations with Norway on seven shared and jointly managed stocks in the Skagerrak area (cod (Gadus morhua), haddock (Melanogrammus aeglefinus), herring (Clupea harengus), Northern shrimp (Pandalus borealis), plaice (Pleuronectes platessa), sprat (Sprattus sprattus) and whiting (Merlangius merlangus)), to agree on the management of those stocks and fishing opportunities for 2025, as well as exchange of quotas and access arrangements. Those consultations were concluded on 5 December 2024 and the outcome was documented in three agreed records signed by the Heads of Delegation on 5 December 2024. The relevant fishing opportunities should be set at the level agreed with Norway, and the other provisions of those agreed records should be implemented in Union law.
(50) In bilateral consultations, the Union and Norway were unable to agree on access to their respective waters for two jointly managed pelagic stocks in the Northeast Atlantic: Atlanto-Scandian herring (Clupea harengus) and blue whiting (Micromesistius poutassou). The Union and Norway will resume discussions as early as possible with a view to finding suitable access arrangements. Pending the conclusion of those consultations on the levels of access, those access levels should be marked as ‘to be established’.
(51) In accordance with the procedure provided for in the Sustainable Fisheries Partnership Agreement between the European Union, of the one part, and the Government of Greenland and the Government of Denmark, of the other part (14), and the implementing Protocol thereto, the Parties agreed to establish the level of fishing opportunities available for the Union in Greenland waters for 2025 at the level agreed and provided in that implementing Protocol, to be confirmed by exchange of letters, as provided for in Article 12(8) of that Agreement, after the application, on a provisional basis, of the implementing Protocol thereto by the Parties. The relevant fishing opportunities should therefore be fixed at the level set out in the implementing Protocol, and taking into account the transfers to Norway agreed in bilateral fisheries consultations between the Union and Norway for 2025.
(52) The Treaty of 9 February 1920 relating to Spitsbergen (Svalbard) (‘the 1920 Treaty of Paris’) grants equal and non-discriminatory access to resources around Svalbard for all Parties to that Treaty, including with respect to fishing. The Union’s position concerning that access has been outlined in several notes verbales to Norway, with the most recent being dated 26 February 2021, 28 June 2021, 1 August 2022, and 26 October 2023. As regards the fishing opportunities for snow crabs (Chionoecetes spp.) around Svalbard, it is appropriate to limit the number of fishing vessels that are authorised to conduct such fishing activities, ensuring that the exploitation of snow crabs around Svalbard is consistent with non-discriminatory management rules set by Norway, which holds sovereignty and jurisdiction in the area in accordance with the relevant provisions of the United Nations Convention on the Law of the Sea and the 1920 Treaty of Paris. The allocation of such fishing opportunities among Member States is limited to 2025. In the Union, the primary responsibility for ensuring compliance with applicable law lies with flag Member States.
(53) As regards the fishing opportunities for cod in the north-east Arctic, it is appropriate to set the Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b for 2025 on the basis of the reference TAC for that stock and the Union’s historical fishing share of 2,8274 %. That Union quota should be allocated to the Member States in accordance with Council Decision 87/277/EEC (15) , subject to the adaptations necessary due to the withdrawal of the United Kingdom from the Union as set out in Annex 36, table E, to the Trade and Cooperation Agreement.
(54) In accordance with the Union’s Declaration addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in Union waters to fishing vessels flying the flag of Venezuela in the exclusive economic zone off the coast of French Guiana, approved on behalf of the Union by Council Decision (EU) 2015/1565 (16), it is necessary to fix the maximum number of fishing authorisations for snapper available to Venezuela in Union waters.
(55) At its 46th annual meeting in 2024, NAFO decided to reopen the fishery for cod (Gadus morhua) in the part of NAFO divisions 2J, 3K and 3L (‘2J3KL’) covered by the NAFO Regulatory Area, following the adoption by Canada of a catch limit of 18 000 tonnes for its fishing vessels in NAFO divisions 2J3KL for the period from 1 July 2024 to 30 June
2025. In particular, NAFO adopted a TAC and a Union quota for that stock for the period of 1 July 2024 to 30 June
2025 at the level of 735 tonnes, based on a revised allocation key in NAFO. In addition, NAFO established recovery measures for that stock for that period. The TAC, Union quota and recovery measures entered into force on
11 October 2024, without retroactive application. Those measures should be implemented in Union law.
(56) Regulation (EU) 2024/257 should therefore be amended accordingly.
(57) To guarantee to the extent possible the use of fishing opportunities for cod, herring and redfish in Norwegian waters of ICES areas 1 and 2, Germany and France will endeavour to make 20 % of each of their quota for haddock (HAD/1N2AB.), saithe (Pollachius virens) (POK/1N2AB.), Greenland halibut (GHL/1N2AB.), and other species (OTH/1N2AB.) available for exchanges with Member States not having sufficient quota for those stocks. Spain, Portugal and other Member States concerned are to request exchanges by 31 January 2025. Requests are not to exceed needs to cover unavoidable by-catches in fisheries for cod, herring and redfish. Any unused quantities not transferred are to be returned to the Member States that initially contributed to the exchange. Unless otherwise agreed, Member States not having sufficient quotas for such unavoidable by-catches will endeavour to provide in
(14) Sustainable Fisheries Partnership Agreement between the European Union, of the one part, and the Government of Greenland and the Government of Denmark, of the other part (OJ L 175, 18.5.2021, p. 3, ELI: data.europa.eu/eli/agree_internatio-n/2021/793/oj).
(15) Council Decision 87/277/EEC of 18 May 1987 on the allocation of the catch possibilities for cod in the Spitsbergen and Bear Island area and in Division 3m as defined in the NAFO Convention (OJ L 135, 23.5.1987, p. 29, ELI: data.europa. eu/eli/dec/1987/277/oj).
(16) Council Decision (EU) 2015/1565 of 14 September 2015 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (OJ L 244, 19.9.2015, p. 55, ELI: data.europa. eu/eli/dec/2015/1565/oj).
return quotas of cod (COD/1N2AB.). Where those quantities do not allow the Member States concerned to cover their unavoidable by-catches, Germany and France will endeavour to agree to further exchanges according to availability of quota and the global balance of the exchange.
(58) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to authorise individual Member States to manage fishing effort allocations in accordance with a kilowatt per day system, to grant additional days at sea for the permanent cessation of fishing activities and for enhanced scientific observer coverage and to establish spreadsheet formats for the collection and transmission of information on transfers of days at sea between fishing vessels flying the flag of a Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (17).
(59) To ensure continuous application and prevent legal uncertainty during the period between the end of the year and the date of entry into force of the new Regulation fixing the fishing opportunities for the subsequent year, the provisions of this Regulation concerning prohibitions and closed seasons should continue to apply at the beginning of 2026 until the entry into force of the Regulation fixing the fishing opportunities for 2026. For the same reasons, provisions applying from 1 January 2025 to 31 December 2026 should continue to apply at the beginning of 2027 until the entry into force of the Regulation fixing the fishing opportunities for 2027.
(60) To avoid the interruption of fishing activities and safeguard the livelihood of fishers, this Regulation should apply with effect from 1 January 2025. However, provisions on fishing effort limits should apply with effect from 1 February 2025. For reasons of urgency and to provide legal certainty as soon as possible, this Regulation should enter into force on the day of its publication.
(61) Certain international measures that create or restrict fishing opportunities for the Union were adopted by the relevant regional fisheries management organisations (RFMOs) at the end of 2024 and became applicable before the entry into force of this Regulation. The provisions of this Regulation that implement such measures in Union law should therefore apply retroactively. In particular, as the fishing season in the CCAMLR Convention area runs from 1 December to 30 November, and as certain fishing opportunities or prohibitions in the CCAMLR Convention area are laid down for a period starting from 1 December 2024, the relevant provisions of this Regulation should apply from that date. In addition, the fishing season for toothfishes in the SIOFA Agreement Area runs from 1 December to 30 November, and as the TACs for that group of species are established for a period starting from 1 December 2024, the TACs should apply from that date. Such retroactive application does not prejudice the principle of legitimate expectation as it is forbidden for fishing vessels flying the flag of the Contracting Party to fish in the CCAMLR Convention area and the SIOFA Agreement Area without authorisation.