Considerations on 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 ... |
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| document | COM(2025)92  |
| date | March 31, 2025 |
| (2) | On 6 March 2025, the Union and the United Kingdom conducted bilateral consultations pursuant to Article 498(2), (4) 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 (2), on the level of the total allowable catches (TACs) for sandeel and associated by-catches (Ammodytes spp.) in United Kingdom and Union waters of ICES subarea 4, United Kingdom waters of ICES division 2a, and Union waters of ICES division 3a. The Union participated in those consultations on the basis of the Union position endorsed by the Council on 4 March 2025. The outcome of those consultations was documented in a written record signed on 12 March 2025. The relevant TACs should therefore be set at the level agreed with the United Kingdom. |
| (3) | Fishing effort limits for Union fishing 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 in the Mediterranean, and maximum input and capacity for Union 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 (3). Pursuant to Article 16(1) of that Regulation, Member States are to submit those plans to the Commission by 31 January of each year. Those plans are then compiled by the Commission and form the basis for the establishment of a Union annual plan, which is transmitted to the ICCAT Secretariat for discussion and approval by ICCAT, as required by Article 16(2) of Regulation (EU) 2023/2053. On 5 March 2025, the Union annual plan for 2025 was approved by ICCAT. The Union fishing effort limits and Union maximum farming input and capacity for 2025 should therefore be amended in line with that annual plan. |
| (4) | In accordance with Article 8 of Regulation (EU) 2023/2053, certain Member States included in their annual fishing plans submitted to the Commission requests to carry over 5 % of their annual quota of bluefin tuna in the Atlantic Ocean, east of 45°W, and the Mediterranean, from 2024 to 2025. On the basis of those requests, the Commission integrated a request for carry-over of the EU quota for that stock from 2024 to 2025 in the Union annual plan for 2025. Following the approval of the Union annual plan, the quotas of the relevant Member States for bluefin tuna in the Atlantic Ocean, east of 45°W, and the Mediterranean, for 2025, should therefore be amended accordingly. |
| (5) | In accordance with Articles 8a, 17b and 18b of Regulation (EU) 2017/2107 of the European Parliament and of the Council (4), annual quotas for certain Member States for (a) bigeye tuna (Thunnus obesus) in the Atlantic Ocean, (b) albacore (Thunnus alalunga) in the Atlantic Ocean, both north of 5°N and south of 5°N, and (c) swordfish (Xiphias gladius) in the Atlantic Ocean, both north of 5°N and south of 5°N, were transferred from 2023 to 2025 in accordance with the relevant ICCAT recommendations. The quotas of the relevant Member States for those stocks for 2025 should therefore be amended accordingly. |
| (6) | Article 33(1) of Regulation (EU) 2017/2107 requires Union vessels not to harm and to promptly release into the sea when incidentally by-caught, 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. Therefore, that prohibition should be implemented in Union law. That prohibition should apply until 31 December 2025 or until the date on which an amendment to Regulation (EU) 2017/2107 introducing the same prohibition becomes applicable, whichever is earlier. |
| (7) | At its 13th annual meeting in 2025, the South Pacific Regional Fisheries Management Organisation (SPRFMO) adopted catch limits for jack mackerel (Trachurus murphyi) and maintained exploratory fisheries for toothfishes (Dissostichus spp.). In addition, the SPRFMO maintained or amended functionally linked measures. Those outcomes of the SPRFMO meeting should be implemented in Union law. |
| (8) | 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 or skipjack tuna (Katsuwonus pelamis). That measure has already been implemented in Union 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 envisage additional days of closure for individual purse seine vessels where those vessels reach specific thresholds in catches of bigeye tuna. Those outcomes should be implemented in Union law. |
| (9) | In Part B of Annex IA to Regulation (EU) 2025/202, an error in the TAC table for mackerel (Scomber scombrus) in the North Sea and Baltic Sea, in the special condition for UK and international waters of ICES zones 2a, 5b, 6, 7, 8d, 8e, 12 and 14 (MAC/*2AX14) in footnote 1, should be corrected. |
| (10) | Regulation (EU) 2025/202 should therefore be amended accordingly. |
| (11) | Given the urgency of avoiding interruptions to fishing activities, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. |
| (12) | The fishing opportunities, and measures functionally linked thereto, provided for in Regulation (EU) 2025/202 apply from 1 January 2025. The provisions introduced by this Regulation concerning fishing opportunities, and measures functionally linked thereto, should therefore also apply from that date. Such retroactive application does not affect the principle of legal certainty or the principle of the protection of legitimate expectations, as the fishing opportunities concerned are either increased or have not yet been exhausted and the functionally linked measures have already been implemented, |