Explanatory Memorandum to COM(2025)92 - Amendment of Regulation (EU) 2025/202 fixing for 2025 and 2026 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters - Main contents
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| dossier | COM(2025)92 - Amendment of Regulation (EU) 2025/202 fixing for 2025 and 2026 the fishing opportunities for certain fish stocks, applicable ... |
|---|---|
| source | COM(2025)92  |
| date | 06-03-2025 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Council Regulation (EU) 2025/202 1 fixes for 2025 and 2026 the fishing opportunities for certain fish stocks, applicable in EU waters and, for EU fishing vessels, in certain non-EU waters. The proposal amends those fishing opportunities to take account of the latest scientific advice and other developments.
• Consistency with existing policy provisions in the policy area
The measures proposed are consistent with the objectives and rules set out in Regulation (EU) No 1380/2013 2 of the European Parliament and of the Council on the Common Fisheries Policy (CFP) (‘Basic Regulation’), which are inter alia to be applied when establishing fishing opportunities, i.e. catch and fishing effort limits, with the aim of ensuring that EU fisheries are ecologically, economically, and socially sustainable.
• Consistency with other Union policies
The proposed measures are consistent with other EU policies, in particular Directive 2008/56/EC of the European Parliament and of the Council 3 (‘Marine Strategy Framework Directive’), and aim to contribute to achieving good environmental status, in particular as regards descriptor 3 regarding good environmental status, which requires all commercially exploited fish and shellfish to be within safe biological limits.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis of the proposal is Article 43(3) of the Treaty on the Functioning of the European Union (TFEU).
• Subsidiarity
The proposal falls under the exclusive EU competence as referred to in Article 3(1)(d) TFEU. Therefore, the subsidiarity principle does not apply.
• Proportionality
The proposal allocates fishing opportunities to Member States in accordance with the objectives and rules set out in the Basic Regulation as well as the outcome of multilateral or bilateral consultations with non-EU countries, including in the context of regional fisheries management organisations (RFMOs). Consequently, the fishing opportunities should be fixed taking into account the best available scientific advice. In addition to biological considerations, fishing opportunities should take into account socio-economic considerations, in particular the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield (MSY) at the same time.
Pursuant to Article 16(6) and (7) and Article 17 of the Basic Regulation, Member States are to decide how the fishing opportunities available to them may be allocated to vessels flying their flag in accordance with certain criteria set out in those Articles. Therefore, Member States have the necessary margin of discretion when distributing the allocated quotas, in line with their preferred social/economic model for using the fishing opportunities available to them.
• Choice of the instrument
Given that the proposal amends an existing regulation, the most appropriate legal instrument is a regulation.
3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
The Commission has consulted stakeholders, in particular through the advisory councils, on the basis of its annual communication entitled ‘Sustainable fishing in the EU: state of play and orientations for 2025’ (COM(2024) 235 final).
Stakeholders’ responses to that annual communication set out their views on the Commission’s evaluation of the state of the resources and on the appropriate management response. The Commission considered those responses when formulating the proposal.
• Collection and use of expertise
International Council for the Exploration of the Sea (ICES) scientific advice is based on a framework developed by its expert groups and decision-making bodies and issued in line with its framework partnership agreement with the Commission.
• Impact assessment
The scope of the proposal is circumscribed by Article 43(3) of the TFEU.
This proposal seeks to avoid short-term approaches in favour of long-term sustainability. It takes account of initiatives by stakeholders and advisory councils if they have been positively reviewed by ICES. The Commission’s CFP reform proposal was based on an impact assessment (SEC(2011) 891) that considered that while achieving the MSY objective was a necessary condition for environmental, economic and social sustainability, those three objectives cannot be achieved in isolation.
As regards fishing opportunities for RFMOs stocks and for stocks jointly managed with non-EU countries, this proposal essentially implements internationally agreed measures. Any aspects that are relevant to assessing possible impacts of the fishing opportunities are dealt with in the preparation and conduct of international negotiations in which the EU’s fishing opportunities are agreed with non-EU countries.
• Regulatory fitness and simplification
Not applicable.
• Fundamental rights
The proposal complies with fundamental rights and in particular those recognised by the Charter of Fundamental Rights of the European Union.
4. BUDGETARY IMPLICATIONS
The proposed measures will have no budgetary implications.
5. OTHER ELEMENTS
• Detailed explanation of the specific provisions of the proposal
The proposal seeks to amend Council Regulation (EU) 2025/202 as described below.
Contents
Regulation (EU) 2025/202 provisionally marked as ‘to be established’ the total allowable catches (TAC) for sandeel and associated by-catches (Ammodytes spp.) in United Kingdom (UK) and EU waters of ICES subarea 4 (North Sea), UK waters of ICES division 2a and EU waters of division 3a (Skagerrak and Kattegat) for 2025, pending publication of the scientific advice for that stock for 2025 by ICES.
ICES is expected to publish its scientific advice for sandeel in ICES subarea 4 and division 3a for 2025 on 28 February 2025. Following the publication of that advice, the EU will hold bilateral consultations with the UK on the level of the TAC for 2025 for that stock pursuant to Articles 498 i, i and (6) 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 4 (‘Trade and Cooperation Agreement’). Pending the outcome of those bilateral consultations, the text of the relevant recital of Council Regulation (EU) 2024/1015 5 is included in square brackets and the TAC for sandeel in ICES subarea 4 and divisions 2a and 3a for 2024 is marked ‘pm’ (pro memoria). As soon as the outcome of those bilateral consultations is known, the Commission services will update the proposal by means of a non-paper proposing the relevant TAC for 2025 at the level agreed with the UK.
Fishing effort limits for EU vessels fishing for bluefin tuna (Thunnus thynnus) in part of the International Commission for the Conservation of Atlantic Tunas (ICCAT) Convention area, in the Atlantic Ocean, east of 45°W, and the Mediterranean, and maximum input and capacity for EU farms of bluefin tuna in that area are based on information provided in the annual plans referred to in Articles 11, 13 and 15 of Regulation (EU) 2023/2053 of the European Parliament and of the Council 6 . Member States are to transmit those plans to the Commission by 31 January each year, pursuant to Article 16(1) of Regulation (EU) 2023/2053. Those plans are then compiled by the Commission and form the basis for the establishment of an EU annual plan, which is transmitted to the ICCAT Secretariat for discussion and approval by ICCAT, as required by Article 16 i of Regulation (EU) 2023/2053. Pending the submission and approval by ICCAT of the EU annual plan, the text of the relevant recital of Council Regulation (EU) 2024/1015 is included in square brackets and the EU fishing effort limits and the EU maximum farming input and capacity for 2025 are marked ‘pm’. As soon as the EU annual plan is approved by ICCAT, the Commission services will update the proposal by means of a non-paper proposing the relevant fishing effort limits and maximum farming input and capacity for 2025.
In addition, pursuant to Article 8 of Regulation (EU) 2023/2053, Member States may request to transfer a maximum 5% of their annual quota of bluefin tuna in the Atlantic Ocean, east of 45°W, and the Mediterranean, from the preceding year to a given year. Where Member States make such a request, they are required to submit to the Commission a revised annual fishing plan and a revised annual fishing capacity management plan. Based on such revised annual fishing plans and revised annual fishing capacity management plans, the Commission will submit a revised EU annual plan to the ICCAT Secretariat for discussion and approval by ICCAT, pursuant to Article 11(5) of Regulation (EU) 2023/2053. Pending the possible inclusion by the Commission and the approval by ICCAT of such revisions in the EU annual plan, the text of the relevant recital of Council Regulation (EU) 2024/1856 7 is included in square brackets and the TAC for bluefin tuna in the Atlantic Ocean, east of 45°W, and the Mediterranean for 2025 is marked ‘pm’. As soon as the EU annual plan is approved by ICCAT, the Commission services will update the proposal by means of a non-paper proposing to amend the quotas of the relevant Member States for that stock for 2025 accordingly.
Moreover, pursuant to Articles 8a, 17b and 18b of Regulation (EU) 2017/2107 of the European Parliament and of the Council 8 a Member State’s annual quota for: (i) bigeye tuna (Thunnus obesus) in the Atlantic Ocean; (ii) albacore (Thunnus alalunga) in the Atlantic Ocean, respectively north of 5°N and south of 5°N; and (iii) swordfish (Xiphias gladius) in the Atlantic Ocean, respectively north of 5°N and south of 5°N, may be transferred from the penultimate year to a given year in accordance with the relevant ICCAT recommendations. Therefore, it is proposed to amend the quotas of the relevant Member States for those stocks for 2025 accordingly.
When incidentally by-caught, Article 33(1) of Regulation (EU) 2017/2107 requires EU vessels to not harm and promptly release into the sea, to the extent practicable, shortfin mako (Isurus oxyrinchus) in the Atlantic Ocean, north of 5°N (‘North Atlantic shortfin mako’), while giving due consideration to the safety of crew members. At its 2021 annual meeting, ICCAT adopted a prohibition to retain on board, tranship or land any part or whole carcass of North Atlantic shortfin mako. It is therefore proposed to implement that prohibition in EU law. That prohibition should only apply until an amendment to Regulation (EU) 2017/2107 implementing that prohibition becomes applicable.
In Regulation (EU) 2025/202, the TACs in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention area are provisionally set at zero and measures functionally linked to the TACs are temporarily maintained, pending the outcome of the 2025 annual meeting of the SPRFMO held from 17 to 21 February 2025.
Pending the outcome of that annual meeting, the text of the relevant recital of Council Regulation (EU) 2024/1015 is included in square brackets and the TACs in SPRFMO Convention area are marked ‘pm’. As soon as the outcome of that annual meeting is known, the Commission services will update the proposal by means of a non-paper proposing the relevant TACs for 2025 at the level agreed in the SPRFMO.
At its 2024 annual meeting, the Inter-American Tropical Tuna Commission (IATTC) maintained the closure periods for purse seine vessels fishing for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) or skipjack tuna (Katsuwonus pelamis). That measure has already been implemented in EU law through Regulation (EU) 2025/202. In addition, at its 2024 annual meeting, the IATTC decided that Contracting Parties should report to its Secretariat annual catches of bigeye tuna by individual purse seine vessels by 15 February of the following year and to foresee additional days of closure for individual purse seine vessels in case those vessels reach specific thresholds in catches of bigeye tuna. It is proposed to also implement those measures in EU law.