Considerations on COM(2023)587 - Fixing for 2024, 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, and amending Regulation (EU) 2023/194 as regards deep-sea stocks

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dossier COM(2023)587 - Fixing for 2024, 2025 and 2026 of the fishing opportunities for certain fish stocks, applicable in Union waters and, for ...
document COM(2023)587 EN
date January 10, 2024
 
table>(1)Article 6 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires the adoption of conservation measures taking account of available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF) and other advisory bodies, and any advice received from advisory councils.
(2)The Council should adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to those fishing opportunities, as appropriate. Under Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities are to be fixed in accordance with the objectives of the common fisheries policy (CFP) as set out in Article 2(2) of that Regulation. Under Article 16(1) of that Regulation, fishing opportunities are to be allocated among the Member States so as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.

(3)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.

(4)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 adopts delegated acts laying down details for the implementation of the landing obligation for certain fisheries.

(5)Fishing opportunities for stocks covered by the landing obligation should take account of the fact that discarding is in principle no longer allowed. Therefore, they 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.

(6)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 MAPs 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 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. Pursuant to Article 5(3) of those Regulations, when fixing fishing opportunities for by-catch stocks, mixed fisheries considerations should also be taken into account.

(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 stocks referred to in Article 1(1) of those Regulations is below the limit biomass reference point (Blim) (4), 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. However, if TACs for those stocks are established at the advised 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. 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. 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 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 its scientific advice for cod (Gadus morhua) in ICES subdivision 21 (Kattegat), ICES advises zero catches of that stock in 2024. Moreover, according to ICES, cod in that area is mainly taken as by-catch in the Norway lobster (Nephrops norvegicus) fishery. Therefore, if the TAC for cod in the Kattegat for 2024 was established at zero, this would notably result in vessels fishing for Norway lobster in that area to cease fishing in 2024, thus potentially leading to a premature closure of this fishery. Based on European Market Observatory for Fisheries and Aquaculture Products (EUMOFA) data (5), the indicative value (6) of possible catches of Norway lobster fishery in division 3a (Skagerrak-Kattegat) within the limits of the TAC for 2024 is estimated at EUR 98 561 451. It is therefore appropriate to establish a TAC for by-catches of the choke species cod in the Kattegat.

(10)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.

(11)In accordance with Articles 2(2) and 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.

(12)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 remain consistent with the new advice. Moreover, it should be ensured that the annual deductions from the advice figure for total catches to take account of exemptions from the landing obligation remain consistent with the available data.

(13)European seabass (Dicentrarchus labrax) in ICES divisions 8a and 8b (Bay of Biscay) is a target stock under the Western Waters MAP. According to the ICES advice for 2024, the biomass of that stock decreased to below MSY Btrigger in 2023 and is expected to decrease further in 2024 while remaining above Blim. Therefore, appropriate remedial measures should be adopted to ensure the rapid return of that stock to levels above those capable of producing MSY. France and Spain should therefore ensure that commercial landings and recreational removals for that stock, which are to be set by them for 2024, are below the FMSY point value (7), as reduced proportionally to take into account the decrease in the biomass, and adopt additional measures in accordance with Article 19 of Regulation (EU) No 1380/2013.

(14)Measures governing recreational fisheries for European seabass in ICES divisions 8a and 8b should be strengthened, in view of their significant impact on the biomass of that stock and taking into account the decreased biomass. The bag limit should therefore be reduced to one fish caught and retained per fisher per day. Fixed nets should also be excluded, as they are insufficiently selective and likely to catch a number of specimens exceeding the established limit.

(15)Article 5(3) of the Western Waters MAP provides for the management of mixed fisheries with regards to by-catch stocks taking into account the difficulty of fishing all stocks at MSY at the same time, especially in situations where that leads to a premature closure of the fishery. Mixed fisheries considerations in the Bay of Biscay published on 14 November 2023 indicates that, if horse mackerel is excluded, pollack (Pollachius pollachius) is the most limiting stock for demersal fisheries in the Bay of Biscay for three fishing segments out of 21. Given the socio-economic data submitted by one of the Member States concerned, suggesting that for pollack in the Bay of Biscay and Iberian waters (ICES subarea 8 and division 9a), mixed fishery considerations point to the difficulty of fishing all TACs fully, more time is needed in order to assess the socio-economic impact of the setting of fishing opportunities for pollack for fishers active in that mixed fishery (sole (Solea solea) and Norway lobster). For that reason, a provisional TAC for pollack in the Bay of Biscay (divisions 8abde) should be set for the first half of year 2024. On the basis of the ICES advice of 30 June 2023 regarding pollack in the Bay of Biscay and Iberian waters, and taking into account the seasonality of the fishery, the level of that provisional quota should be fixed at 500 tonnes from 1 January 2024 to 30 June 2024. Such a provisional TAC aims to ensure fishing activities can continue while the data is being assessed, until the Council sets a definitive Union TAC.

(16)According to scientific advice, recreational catches of pollack in ICES subareas 8, 9, 10 and Union waters of CECAF 34.1.1 (Bay of Biscay and Iberian waters) are non-negligible and it is therefore appropriate to introduce 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.

(17)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 (8), and that no clear patterns for mortality were observed. In November 2023, ICES advised once again that, when the precautionary approach is applied, there should be zero catches of European eel (Anguilla anguilla) 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.

(18)Council Regulation (EU) 2023/194 (9) extended to six months the closure period for any commercial eel fishing activity in Union marine and brackish waters of the north-east Atlantic and of the Mediterranean Sea, and for Union fishing vessels in all marine waters of the Mediterranean. It also prohibited all recreational eel fisheries in those waters. It was considered that a six-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 allow continuing restocking measures, would contribute to the recovery of the eel stock and would further the achievement of the escapement objective of at least 40 % of silver eels set out in Article 2(4) of Regulation (EC) No 1100/2007. Given the continued critical state of the European eel, it is appropriate to maintain those measures in 2024.

(19)The eel migration period is influenced by a broad range of environmental and biological factors and can therefore vary depending on the life stage of eel, the habitat and the geographical area, notably straits. It may therefore be appropriate to set different closure periods, notably for different fishing areas of a Member State and for different types of fisheries within those fishing areas, in order to take account of those elements as well as of the temporal and geographical migration patterns of eel at the glass eel and silver eel life stages, respectively. The Member States concerned should determine the relevant closure period or periods based on those elements.

(20)In Union marine and brackish waters of the north-east Atlantic, the closure period or periods should cover the main migration period or periods of glass eel and silver eel, respectively, with an exception for fishing operations conducted, with or without a fishing vessel, for the exclusive purpose of scientific investigations and carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council (10). Considering the potentially severe socio-economic implications of a full closure of fisheries targeting glass eel and silver eel during their main migration period or periods, Member States may allow eel fishing for 30 days during those periods. To ensure the effective protection of silver eel migrating from the Baltic Sea into the North Sea, the coastal Member States of ICES subarea 3, that is Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden, should agree on effective closure periods for silver eel. In case the Member States concerned cannot agree by 1 March 2024, the closure period for silver eel in the Baltic Sea and Skagerrak-Kattegat should be 15 September 2024 to 15 March 2025.

(21)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.

(22)In its advice for certain stocks of elasmobranchs (skates, sharks, rays), ICES recommends zero catches, due to their poor conservation status. 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 significantly their fishing mortality and would even support the conservation of those stocks. Therefore, fishing of such species should be prohibited, as under 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.

(23)For certain species, such as certain species of sharks, even limited fishing activity could give rise to a serious conservation risk. Fishing opportunities for such species should therefore be fully restricted through a general prohibition of fishing those species.

(24)At the 12th Conference of the Parties of the Convention on the Conservation of Migratory Species of Wild Animals (Manila, 23–28 October 2017), a number of species were added to the lists of protected species in Appendices I and II to that Convention. Therefore, it is appropriate to provide for the protection of those species with respect to Union fishing vessels operating in all waters and third country fishing vessels operating in Union waters.

(25)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.

(26)Articles 3 and 4 of Council Regulation (EC) No 847/96 (11) 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.

(27)Where a TAC is allocated to one Member State only, it may be 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 principles and rules of the CFP. In order to ensure the correct application by those Member States of the principles and rules of the CFP, the Commission evaluates information submitted by the Member State to it regarding the determination of that TAC level and the data used as a basis for that determination.

(28)It is necessary to establish the fishing effort limitations for sole in the Western Channel (ICES division 7e) in accordance with Article 12 of the Western Waters MAP.

(29)It is necessary to establish the fishing effort ceilings for 2024 in accordance with Articles 6, 11, 13 and 16 of Regulation (EU) 2023/2053 of the European Parliament and of the Council (12).

(30)The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (13), 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.

(31)At its 2023 annual meeting, the North-East Atlantic Fisheries Commission (NEAFC) confirmed for 2024 the conservation measures for the two redfish (Sebastes mentella) stocks (shallow pelagic and deep pelagic) in the Irminger Sea and adjacent waters, prohibiting directed fisheries of those stocks and prohibiting refuelling and any support activities. In addition, in order to minimise by-catches, the NEAFC prohibited fishing activities in the area where redfish aggregates. Those measures should be implemented in Union law.

(32)The NEAFC did not adopt a recommendation for Greenland halibut (Reinhardtius hippoglossoides) in ICES subareas 1 and 2 for 2024. The Union quota for Greenland halibut in international waters of ICES subareas 1 and 2 for 2024 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 last best available scientific advice from ICES for Greenland halibut in ICES subareas 1 and 2, namely the advice for that stock published by ICES in 2021 which advised a maximum level of catches of 18 494 tonnes for both 2022 and 2023.

(33)The NEAFC adopted a catch limit for redfish (Sebastes mentella) in international waters of ICES subareas 1 and 2 for 2024. However, pending conclusion of the Union’s examination of whether to object to that NEAFC recommendation, in particular in relation to the Union’s historic fishing rights, it is appropriate that currently the Union quota for redfish (Sebastes spp.) in international waters of ICES subareas 1 and 2 is marked as ‘to be established’. It is also appropriate that the Union establish in the first half of 2024, through an in-year amendment, that Union quota, also taking into account that the fishery is limited to the period from 1 July to 31 December 2024.

(34)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 the NEAFC. The Union participated in those consultations on the basis of the positions endorsed by the Council on 5 October 2023. The outcome of those consultations was documented in Agreed Records for Atlanto-Scandian herring in the north-east Atlantic for 2024 signed on 13 October 2023, for blue whiting in the north-east Atlantic for 2024 signed on 18 October 2023, and for mackerel in the north-east Atlantic for 2024 also signed on 18 October 2023. At its 42nd annual meeting in 2023, the NEAFC adopted recommendations on conservation and management measures for Atlanto-Scandian herring and mackerel for 2024. The NEAFC did not adopt a recommendation on conservation and management measures for blue whiting for 2024. It is therefore appropriate to set the TACs for Atlanto-Scandian herring and mackerel in the north-east Atlantic at the level of fishing opportunities agreed in the respective coastal States Agreed Records and NEAFC recommendations. It is also appropriate to set the TAC for blue whiting in the north-east Atlantic at the level of the fishing opportunities set out in the coastal States Agreed Record for blue whiting and in line with the Union position expressed in the NEAFC.

(35)Since 2021, the Union does not have access to fishing of its mackerel quota in Norwegian waters of the North Sea (MAC/2A4A-N). In order for the Union to use that quota, it is appropriate to allocate new fishing opportunities to a TAC (MAC/2A34-N) covering the geographical scope of the North Sea (MAC/2A34) and Norwegian Waters (MAC/2A4A-N) with a new relative stability key. Part of the fishing opportunities allocated to the MAC/2A34-N should be transferred by Denmark to the holders of quotas in the Western Waters TAC (MAC/2ACX14-) based on the existing relative stability key for that TAC.

(36)At its 2023 annual meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT) agreed to maintain for 2024 the TACs set for 2023 for Eastern Atlantic bluefin tuna (Thunnus thynnus), Mediterranean albacore and South albacore (Thunnus alalunga), Mediterranean, and North and South Atlantic swordfish (Xiphias gladius), blue marlin (Makaira nigricans), white marlin (Tetrapturus albidus), yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus), as well as the retention allowance for South Atlantic shortfin mako (Isurus oxyrinchus). The ICCAT also set for 2024 TACs for North Atlantic albacore of 47 251 tonnes, for North and South Atlantic blue shark (Prionace glauca) of 30 000 and 27 711 tonnes, respectively. Those measures should be implemented in Union law.

(37)In order to reduce the fishing mortality of juvenile bigeye and yellowfin tuna, the ICCAT also agreed to maintain a maximum limit of 300 fish aggregating devices (FADs) per fishing vessel in 2024 and a seventy-two-day closure period for the use of FADs.

(38)Under several ICCAT recommendations, the Union may, upon request, carry over a percentage of its unused quota of ICCAT stocks from the penultimate or the preceding year to a given year, according to the rules for each stock as laid down by the ICCAT. In order for Member States to make use of such carry-overs, the corresponding quantities provided for in those recommendations should be implemented in Union law on the basis of a Commission proposal as soon as possible, so that the Member States can use the Union quotas for ICCAT stocks in their totality as provided by the ICCAT for 2024. Pending the implementation of those recommendations in Union law, quotas for individual Member States for certain stocks should be established on the basis of a total Union quota for 2024 as agreed by the ICCAT before any adjustments due to overfishing or underfishing by Member States.

(39)At its 2023 annual meeting, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for target and by-catch species for the period from 1 December 2023 to 30 November 2024. Those measures should be implemented in Union law.

(40)At its 2023 annual meeting, the Indian Ocean Tuna Commission (IOTC) maintained the limitation of fishing capacity, of FADs and of supply vessels and the catch limit for yellowfin tuna in the IOTC Area of Competence. The IOTC also adopted Resolution 23/04 establishing for the first time a catch limit for bigeye tuna (Thunnus obesus) for 2024 and 2025 in the IOTC Area of Competence. Those measures should be implemented in Union law.

(41)The annual meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held from 29 January to 2 February 2024. The current measures in the SPRFMO Convention area that are functionally linked to the TACs should therefore be provisionally maintained until the annual meeting is held and the TACs for 2024 are determined.

(42)At its 2023 annual meeting, the Inter-American Tropical Tuna Commission (IATTC) decided to maintain the current measures applicable in the IATTC Convention area. Those measures should be implemented in Union law.

(43)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 three-year period from 2024 to 2026. That measure should be implemented in Union law.

(44)At its 2023 annual meeting, the South East Atlantic Fisheries Organisation (SEAFO) decided to maintain for 2024 the TACs in the SEAFO Convention area set for 2023.

(45)The 2023 annual meeting of the Western and Central Pacific Fisheries Commission (WCPFC) was held from 4 to 8 December 2023. Pending availability of the outcome of that meeting, current measures in the WCPFC Convention area that are functionally linked to the TACs and the maximum numbers of fishing vessels should be provisionally maintained until those measures for 2024 become available.

(46)At its 45th annual meeting in 2023, the Northwest Atlantic Fisheries Organisation (NAFO) adopted fishing opportunities for certain stocks in the NAFO Convention area for 2024. It also adopted certain measures for 2024 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.

(47)At its 10th annual meeting in 2023, the Southern Indian Ocean Fisheries Agreement (SIOFA) maintained the previously adopted fishing opportunities for the stocks covered by that Agreement. It also adopted a by-catch limit for Portuguese dogfish (Centroscymnus coelolepis) and amended the boundaries of the Del Cano and Williams Ridge toothfishes (Dissostichus spp.) management areas, while extending observer and tagging requirements for toothfishes in the rest of the Agreement Area. Those measures should be implemented in Union law.

(48)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 (14) (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.

(49)In 2023, the Union and the United Kingdom held bilateral consultations on the setting of a large number of TACs for 2024 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 consultations on the basis of specifications to the Union position endorsed by the Council on 12 October 2023 and subsequent supplementary non-papers, pursuant to Article 2 of Council Decision (EU) 2021/1875 (15). The outcome of those consultations was documented in a Written Record signed on 6 December 2023 and supplemented by an addendum on 8 December 2023. The relevant fishing opportunities should therefore be fixed at the level set out in that Written Record. The other measures functionally linked to the fishing opportunities also set out in that Written Record should be implemented in Union law.

(50)TACs for deep-sea stocks listed in Annex 35 to the Trade and Cooperation Agreement for 2024 were included in Regulation (EU) 2023/194 but marked as ‘to be established’. Regulation (EU) 2023/194 should therefore be amended and the fishing opportunities for those stocks be fixed at the level set out in the Written Record of fisheries consultations between the Union and the United Kingdom for 2024.

(51)The Union and the United Kingdom agreed that a maximum 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 measure concerning the maximum size should apply only until a delegated act introducing corresponding measures becomes applicable.

(52)The Union and the United Kingdom agreed on a reciprocal access in 2024 to target an initial total of 280 tonnes of northern albacore 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.

(53)The measures to reduce bycatches of gadoids recently adopted in a delegated act are functionally linked to the TACs of species caught in mixed fisheries together with gadoids, such as haddock, megrims, anglerfish and Norway lobster, as, without those measures in place, TAC levels of target species should be reduced to ensure that gadoid stocks are able to recover.

(54)The measures to improve the conservation status of red seabream, to reduce the level of unwanted catches and to protect better spawning grounds and juveniles in ICES subareas 6 to 8 recently adopted in a delegated act are functionally linked to the red seabream TAC, as without them the TAC level should be further reduced to ensure the recovery of the stock.

(55)The functionally-linked technical measures for gadoids and for red seabream should apply only until the relevant delegated acts introducing corresponding measures become applicable.

(56)Seasonal closures for sandeel 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.

(57)In 2023, the Union, the United Kingdom and Norway held trilateral consultations on six shared and jointly managed stocks occurring within the areas under the jurisdiction of the three parties, with the aim to agree on the management of those stocks including the fishing opportunities for 2024. Those consultations were conducted between 3 November and 8 December 2023, on the basis of the Union position endorsed by the Council on 12 October 2023 and subsequent supplementary non-papers. The outcome of the consultations was documented in an Agreed Record, signed by the Head of Delegations on 8 December 2023. The relevant fishing opportunities should be set at the level agreed with the United Kingdom and Norway, together with the other provisions of that Agreed Record.

(58)The Union held bilateral consultations with Norway on one shared and jointly managed stock in the Skagerrak area (whiting), with the aim to agree on the management of this stock and fishing opportunities for 2024, as well as exchange of quotas and access arrangements. Those consultations were conducted between 30 October and 8 December 2023, on the basis of the Union position endorsed by the Council on 12 October 2023. The outcome of the consultations was documented in Agreed Records. The relevant fishing opportunities should be set at the level agreed with Norway, together with the other provisions of that Agreed Records.

(59)The Union in 2023 jointly agreed with the United Kingdom and Norway to maintain remedial measures with regard to Northern Shelf cod (Gadus morhua) in order to support the long-term sustainable management of that stock, in accordance with Article 13 of the North Sea MAP.

(60)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, and the Protocol implementing that Agreement (16), the Joint Committee established the level of fishing opportunities available for the Union in Greenland waters in 2024. The level of fishing opportunities available for the Union in Greenland waters in 2024 was documented in the minutes of the Joint Committee meeting held from 21 to 23 November 2023 in Brussels. The relevant fishing opportunities should therefore be fixed at the level set out in those minutes, and taking into account the transfers to Norway under the annual exchange of fishing opportunities. The level of the fishing opportunities established for shrimp (Pandalus borealis) in Greenland waters of ICES subareas 5 and 14 does not include a reserve of 150 tonnes to be considered as set out in the Agreed Record of the fisheries consultations between the Union and Norway for 2024.

(61)The Treaty of 9 February 1920 relating to Spitsbergen (Svalbard) (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 set out in several notes verbales to Norway, the latest of which dated 26 February 2021, 28 June 2021 and 1 August 2022. As regards the fishing opportunities for snow crab (Chionoecetes spp.) around the area of Svalbard, it is appropriate to fix the number of fishing vessels that are authorised to conduct such fishery in order to ensure that the exploitation of snow crab around Svalbard is made consistent with such non-discriminatory management rules as may be set out by Norway, which enjoys 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 2024. It is recalled that, in the Union, the primary responsibility for ensuring compliance with applicable law lies with the flag Member States.

(62)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 based on the reference TAC for that stock and the Union’s historic fishing rights. That Union quota should be allocated to the Member States in accordance with Council Decision 87/277/EEC (17), 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.

(63)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 means of Council Decision (EU) 2015/1565 (18), it is necessary to fix the maximum number of fishing authorisations for snapper available to Venezuela in Union waters.

(64)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. The Commission should exercise those powers in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (19).

(65)Given that certain provisions should be applied on a continuous basis, and in order to avoid legal uncertainty in the period between the end of the previous year and the date of entry into force of the 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 2025 until the entry into force of the Regulation fixing the fishing opportunities for 2025. For the same reasons, provisions applying from 1 January 2024 to 31 December 2025 or 31 December 2026 should continue to apply at the beginning of 2026 or 2027 until the entry into force of the Regulation fixing the fishing opportunities for 2026 or 2027, respectively.

(66)In order to avoid the interruption of fishing activities and to ensure the livelihood of fishers, this Regulation should apply from 1 January 2024. However, provisions on fishing effort limits should apply from 1 February 2024. In addition, provisions on commercial fishing activities for European eel in Union marine and brackish waters of ICES subareas 3, 4, 6, 7, 8 and 9, and in adjacent Union brackish waters should apply from 1 April 2024, in order to avoid overlapping provisions with Regulation (EU) 2023/194 on the same subject matter. For reasons of urgency, this Regulation should enter into force on the day of its publication.

(67)This Regulation should apply to the newly allocated fishing opportunities for mackerel in ICES division 3a, in the United Kingdom and in Union waters of divisions 2a, 3b, 3c, in division 3d and ICES subarea 4 as well as in Norwegian waters of divisions 2a and 4a (in MAC/2A34-N) from 1 January 2023 in order to allow the Union to access fully its mackerel quota. Such retroactive application does not therefore affect the principles of legal certainty or protection of legitimate expectations.

(68)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 2023 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 2023, 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 2023, 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.

(69)In accordance with ICCAT rules, Member States should ensure that their fishing vessels do not deploy FADs during the 15 days before the start of the closure period, that is, from 17 December 2023 onwards. The provision of this Regulation that implements that measure in Union law should therefore apply retroactively,