(1)

Council Regulation (EU) 2024/257 (1) fixes 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. Those fishing opportunities should be amended to take into account the publication of scientific advice.

(2)

Regulation (EU) 2024/257, as amended by Council Regulation (EU) 2024/1856 (2), set a provisional total allowable catch (TAC) for anchovy (Engraulis encrasicolus) in ICES subareas 9 and 10 and Union waters of Committee for Eastern Central Atlantic Fisheries (CECAF) division 34.1.1 for the period from 1 July 2024 to 30 September 2024 at the level of 4 997 tonnes, pending the publication by the International Council for the Exploration of the Sea (ICES) of its scientific advice for anchovy in ICES division 9a for that period, and allowed fishing to continue. Following the publication of that advice on 21 June 2024, the definitive TAC for anchovy in ICES subareas 9 and 10 and Union waters of CECAF division 34.1.1 for the period from 1 July 2024 to 30 June 2025 should be set at the level advised by ICES for the western and the southern populations occurring in that area. In addition, a special condition should be established under which catches in the southern part of the TAC area are not to exceed 969 tonnes, in accordance with the ICES advice for the population occurring in that area. Moreover, to take into account that catches may already have occurred under the provisional TAC, catches of anchovy in the southern part of the TAC area during the period from 1 July 2024 to 30 September 2024 in addition to the special condition of 969 tonnes should be allowed, provided that certain other conditions are met.

(3)

On 29 July 2024, the Scientific, Technical and Economic Committee for Fisheries (STECF) published its advice on the socioeconomic impact of maintaining the TACs for pollack (Pollachius pollachius) in ICES division 8c and in subareas 9 and 10 and Union waters of CECAF division 34.1.1 for 2024 at the level advised by ICES. That STECF advice indicates the level of those TACs required to avoid the phenomenon of ‘choke species’, i.e. 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. Therefore, the TACs for 2024 set by Regulation (EU) 2024/257 should be increased. Pursuant to Article 5(3) of Regulation (EU) 2019/472 of the European Parliament and of the Council (3), those TACs should be set at a level of 108 tonnes in ICES division 8c, and 132 tonnes in subareas 9 and 10 and Union waters of CECAF division 34.1.1 which, according to STECF advice, will allow the fleets to continue operating until 18 September 2024 and 8 December 2024 respectively, and therefore reduce the phenomenon of ‘choke species’ and the resulting premature closure of the relevant fisheries, as well as associated socioeconomic impacts on the fisheries sector.

(4)

For certain additional stocks, both the Union quotas and Member States quotas for 2024 should be amended to take into account the required deductions resulting from exemptions from the landing obligation.

(5)

On 13 March 2024, the European Parliament and the Council adopted Regulation (EU) 2024/897 (4) implementing in Union law certain fisheries management, conservation and control measures in the International Commission for the Conservation of Atlantic Tunas (ICCAT) Convention area. That Regulation added new provisions in Articles 9 and 12 of Regulation (EU) 2017/2107 of the European Parliament and of the Council (5). To avoid overlapping provisions on the same subject matter, Article 28 of Regulation (EU) 2024/257 should be amended accordingly.

(6)

Regulation (EU) 2023/194 set a TAC for red seabream (Pagellus bogaraveo) in ICES subarea 9 for 2024 at the level of 114 tonnes. ICES published its advice for that stock for 2025 and 2026 on 16 August 2024. For 2025 and 2026, ICES for the first time provided advice for two different populations of red seabream in that area. ICES explained that this is because, firstly, two populations of red seabream occur in ICES subarea 9: red seabream distributed in ICES subarea 9 except for the Atlantic part of the Strait of Gibraltar (i.e. Galician and Portuguese coast) on the one hand, and red seabream distributed in the Atlantic part of the Strait of Gibraltar and in the western Mediterranean on the other. Secondly, ICES explained that the advice of the General Fisheries Commission for the Mediterranean (GFCM) Scientific Advisory Committee on Fisheries (SAC) for red seabream in GFCM geographical subareas 1 and 3 (western Mediterranean) covers the red seabream population distributed in the western Mediterranean and in the Atlantic part of the Strait of Gibraltar. In addition, according to the latest draft advice of the SAC for that stock for 2025: (i) the biomass has been below Blim (i.e. the spawning stock biomass reference point below which there may be reduced reproductive capacity) since 2011; (ii) the stock’s biomass in 2024 is at 30 % of Blim; (iii) the biomass will remain below Blim even with no fishing in 2025; and (iv) the fishing mortality is currently at 204 % of the FMSY proxy, where ‘FMSY’ is estimated fishing mortality that with a given fishing pattern and under current average environmental conditions gives the long-term MSY. Moreover, ICES advised minimising catches of red seabream in the Atlantic part of the Strait of Gibraltar for 2025 and 2026.

(7)

Consequently, fishing for red seabream in the Atlantic part of the Strait of Gibraltar in the remainder of 2024, under the TAC for red seabream in ICES subarea 9 for 2024, could pose a serious threat to that stock. That serious threat should be addressed urgently. Therefore, in accordance with Article 4(7) and Article 8(2) of Regulation (EU) 2019/472, the fishery for red seabream in the Atlantic part of the Strait of Gibraltar should be suspended.

(8)

Regulations (EU) 2024/257 and (EU) 2023/194 should therefore be amended accordingly.

(9)

The provisions of this Regulation amending provisions of Regulation (EU) 2024/257 regarding ICCAT and regarding pollack in ICES division 8c and in subareas 9 and 10 and Union waters of CECAF division 34.1.1, except for the prohibition of directed fisheries, should apply from 1 January 2024, in line with the application period of the amended provisions. The TAC for anchovy in ICES subareas 9 and 10 and Union waters of CECAF division 34.1.1 should apply from 1 July 2024, again in line with the application period of the amended provision. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the levels of the fishing opportunities are maintained or increased.

(10)

Given the urgency of avoiding interruptions to fishing activities, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union,

(1)

Article 12a is replaced by the following:

(2)

Article 28 is replaced by the following:

(3)

in Article 59, third subparagraph:

(4)

Annex IA is amended in accordance with Annex I to this Regulation.

(1)

in Article 59, second subparagraph, the following points are inserted after point (h):

;

(2)

Annex IA is amended in accordance with Annex II to this Regulation.