Regulation 2023/2638 - Fixing of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2024 and amending Regulation (EU) 2023/194 as regards certain fishing opportunities in other waters - Main contents

Official Journal

of the European Union

EN

Series L

2023/2638

22.11.2023

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries and other advisory bodies, and any advice received from advisory councils.

The Council is to 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 Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each stock or fishery.

The total allowable catches (TACs) should therefore be established, in accordance with Regulation (EU) No 1380/2013, on the basis of the available scientific advice, taking into account biological and socioeconomic implications while ensuring fair treatment between fishing sectors and taking into account the opinions expressed during consultations with stakeholders.

Regulation (EU) 2016/1139 of the European Parliament and of the Council (2) establishes a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and for the fisheries exploiting those stocks. That plan aims to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels that can produce the maximum sustainable yield (MSY). Regulation (EU) No 1380/2013 provides that, for stocks subject to specific multiannual plans, the fishing opportunities are to be fixed in accordance with the rules laid down in those multiannual plans.

In accordance with Article 4(1) of Regulation (EU) 2016/1139, the fishing opportunities for stocks listed in Article 1 of that Regulation are to be fixed to achieve fishing mortality at MSY, expressed in ranges, as soon as possible and, on a progressive, incremental basis, at the latest by 2020. The catch limits applicable in 2024 to the relevant stocks in the Baltic Sea should therefore be established in line with the rules and objectives of the multiannual plan established by that Regulation.

The International Council for the Exploration of the Sea (ICES) published its annual stock advice for Baltic stocks on 31 May 2023.

There are certain stocks covered by Regulation (EU) 2016/1139 for which ICES advises zero catches. However, if TACs were 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’. A choke species is a 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. It is therefore appropriate to establish specific TACs for by-catches for those stocks in...