(1)

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, advice from advisory councils set up for the relevant geographical areas of competence and joint recommendations made by Member States.

(2)

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. Regulation (EU) No 1380/2013 provides that 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.

(3)

Regulation (EU) No 1380/2013 provides that the objective of the Common Fisheries Policy is to achieve the maximum sustainable yield (MSY) exploitation rate by 2015 where possible and, on a progressive, incremental basis, at the latest by 2020 for all stocks. The objective of the transitional period until 2020 was to balance the achievement of MSY for all stocks with the possible socioeconomic implications of the possible adjustments of related fishing opportunities.

(4)

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.

(5)

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 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.

(6)

In accordance with Article 4(1) of Regulation (EU) 2016/1139, the fishing opportunities for stocks listed in Article 1 of that Regulation were 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 2023 to the relevant stocks in the Baltic Sea should therefore be established in line with the objectives of the multiannual plan established by that Regulation.

(7)

The International Council for the Exploration of the Sea (ICES) published its annual stock advice for Baltic stocks on 31 May 2022, except for its advice for western Baltic herring, which was published on 30 June 2022. It indicates that the biomass of western Baltic herring in ICES subdivisions 20 to 24 slightly increased but is only 59 % of the limit reference point for the spawning stock biomass (Blim), below which it is possible that reproductive capacity might be reduced. Furthermore, recruitment remains at historically low levels. ICES therefore published for the fifth consecutive year a zero-catch advice for western Baltic herring. Pursuant to Article 5(2) of Regulation (EU) 2016/1139, all appropriate remedial measures should therefore be adopted to ensure a rapid return of the stock concerned to levels above the level capable of producing MSY. Moreover, that provision requires further remedial measures to be adopted. Therefore, in 2022, the directed fishery for western Baltic herring was closed and a very low TAC was set for unavoidable by-catches of western Baltic herring to avoid the phenomenon of ‘choke species’. However, targeting western Baltic herring was allowed for fishing operations conducted 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 (3), as well as for small-scale coastal fishers fishing with certain passive gears. Given the ICES advice and the unchanged stock situation, it is appropriate to maintain the level of fishing opportunities and the functionally linked remedial measures.

(8)

As regards the eastern Baltic cod stock, since 2019 ICES has been able to base its precautionary advice on a more data-rich assessment. ICES estimates that the biomass of the eastern Baltic cod stock continues to be below Blim and has hardly increased since 2021. ICES therefore published for the fourth consecutive year a zero-catch advice for eastern Baltic cod. Since 2019, strict conservation measures have been adopted in the Union. Pursuant to Article 5(2) of Regulation (EU) 2016/1139, the targeted fishery for eastern Baltic cod was closed and a TAC for unavoidable by-catches of eastern Baltic cod was set at a very low level to avoid the phenomenon of ‘choke species’. Moreover, further remedial measures functionally linked to the fishing opportunities were adopted in the form of spawning closures and the prohibition of recreational fisheries in the main distribution area. Given the ICES advice and the unchanged stock situation, it is appropriate to maintain the level of fishing opportunities and the functionally linked remedial measures.

(9)

As regards the western Baltic cod stock, scientific estimates have indicated for several years that the spawning stock biomass was below the reference point below which specific and appropriate management action is to be taken (Btrigger). Increasingly strict management measures have therefore been adopted in recent years. In 2021 ICES decided to perform a more in-depth assessment which revealed that for more than 10 years the biomass of the western Baltic cod stock had been mostly below Blim. Therefore, pursuant to Article 5(2) of Regulation (EU) 2016/1139, the targeted fishery for western Baltic cod was closed and a very low TAC was set for unavoidable by-catches of western Baltic cod to avoid the phenomenon of ‘choke species’. Moreover, further remedial measures functionally linked to the fishing opportunities were adopted in the form of an extended spawning closure, which also covers recreational fisheries, and the further reduction of the daily bag limit in recreational fisheries. In 2022 ICES revised the stock’s biomass downwards and, despite a slight increase last year, the biomass is estimated to be less than 40 % of Blim. Because of slightly increased recruitment estimates and unclear additional mortality factors, which ICES is currently unable to include in its assessment model, the advice for the fishing mortality resulting in MSY (FMSY) is to increase the total catches. However, ICES stressed that its short-term forecast is highly uncertain and that, given the unclear additional mortality, it is likely that there is a 66 % probability for the stock’s biomass to remain below Blim in 2024 if the fishing opportunities are set at the FMSY point value. Furthermore, as in 2021, ICES was not able to provide separate catch advice for commercial and recreational catches. Given the declining stock situation and the uncertainty surrounding the advice for catches at the FMSY point value, it is appropriate to take a precautionary approach and to maintain the level of fishing opportunities and the functionally linked remedial measures.

(10)

In 2020 ICES estimated that the biomass of central Baltic herring had fallen below Btrigger, and in 2021 that it had come close to Blim. In 2022 ICES estimated that the biomass had increased but still remained below Btrigger. The stock relied on the 2019 year class only, and the estimation of its strength has varied substantially since 2020. It is therefore appropriate to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139.

(11)

The biomass of herring in the Gulf of Bothnia has been continuously decreasing since 2010. In 2019 ICES decided to provide an advice based on the approach developed for data-limited stocks, due to strong retrospective bias in the stock assessment. Following an in-depth analysis, ICES was again able to provide an MSY advice in 2021. The updated advice for 2021 was to increase the fishing opportunities for 2021 substantially, based on the estimation that the biomass was finally increasing. The ICES advice for 2022 was to slightly decrease fishing opportunities. However, in the advice for 2023, ICES revised the stock’s biomass significantly downwards. According to ICES, this smaller biomass is most probably due to the continuous decrease of the herring’s size. ICES estimates that the stock’s biomass is now just above Btrigger. The only catch scenario advised by ICES that would keep the stock above Btrigger in 2024 is the lowest point of the FMSY range. Given the stock’s negative development and the need to avoid the stock falling below Btrigger, it is appropriate to set the fishing opportunities at the FMSY lowest point.

(12)

According to the ICES advice on plaice, cod is by-caught in plaice fisheries. According to the ICES advice on sprat, sprat is caught in a mixed fishery with herring and is a prey species for cod. It is appropriate to take those multispecies interactions into account and to fix the fishing opportunities for plaice and sprat in the corresponding lower FMSY range.

(13)

Regarding salmon in ICES subdivisions 22 to 31, ICES has stated for several years that the status of the river stocks was very heterogeneous. In 2021, following an in-depth analysis, ICES advised that all commercial and recreational catches in the main basin, which are inherently mixed fisheries catching salmon from healthy and weak river stocks, should be stopped to protect the weak river stocks. ICES, however, considered that the existing directed fishery in the coastal areas of the Gulf of Bothnia and the Åland Sea could continue during the salmon summer migration. Therefore, a specific TAC was set for by-catches of salmon in those areas, with the exemption of fishing operations conducted 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; and for coastal fisheries north of latitude 59° 30′ N between 1 May and 31 August. Further remedial measures functionally linked to the fishing opportunities were also adopted in the form of restrictions to the use of longlines and a daily bag limit in recreational fisheries. In 2022 ICES carried over its advice from 2021. It is therefore appropriate to maintain the level of fishing opportunities and the functionally linked remedial measures while clarifying that the recreational fisher should stop the fishing of salmon for the remainder of the day after catching the first adipose fin-clipped salmon.

(14)

In order to ensure the full use of coastal fishing opportunities, a limited inter-area flexibility for salmon between ICES subdivisions 22 to 31 and ICES subdivision 32 was introduced in 2019. Given the unchanged fishing opportunities for those two stocks, it is appropriate to maintain the current flexibility.

(15)

Prohibiting fishing for sea trout beyond four nautical miles measured from the baselines and limiting by-catches of sea trout to 3 % of the combined catch of sea trout and salmon have contributed to a large extent to substantially reducing previously significant misreporting of catches in the salmon fishery, in particular as sea-trout catches. It is therefore appropriate to maintain the relevant provision to maintain a low level of misreporting.

(16)

Measures on recreational fisheries of cod and salmon and measures for the conservation of the sea trout and salmon stocks should be without prejudice to more stringent national measures under Articles 19 and 20 of Regulation (EU) No 1380/2013.

(17)

The use of the fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (4), and in particular Article 33 thereof on the recording of catches and fishing effort and Article 34 thereof on the transmission of data on the exhaustion of fishing opportunities to the Commission. This Regulation should therefore specify the codes relating to landings of stocks subject to this Regulation that Member States are to use when sending data to the Commission.

(18)

Council Regulation (EC) No 847/96 (5) laid down additional conditions for the year-to-year management of TACs, including, under its Articles 3 and 4, flexibility provisions for stocks subject to precautionary and analytical TACs. Under Article 2 of that Regulation, when fixing the TACs, the Council is to decide to which stocks Articles 3 and 4 are not to apply, in particular on the basis of the biological status of the stocks. More recently, Article 15(9) of Regulation (EU) No 1380/2013 laid down the year-to-year flexibility mechanism for all stocks that are subject to the landing obligation. Therefore, to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources, hinder the achievement of the objectives of the Common Fisheries Policy and cause the biological status of the stocks to deteriorate, it should be made explicit that Articles 3 and 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.

(19)

The biomass of the stock of eastern Baltic cod, western Baltic cod and western Baltic herring is below Blim and only by-catch, scientific fisheries and, in the case of western Baltic herring, certain small-scale coastal fisheries are permitted in 2023. The Member States having a quota share of the relevant TAC have therefore undertaken not to apply the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 to those stocks in 2023 so that catches in 2023 do not exceed the TAC set for eastern Baltic cod, western Baltic herring and western Baltic cod. Furthermore, south of latitude 59° 30′ N, the biomass of almost all salmon river stocks is below the limit reference point for smolt production (Rlim) and only by-catch and scientific fisheries are permitted in 2023. The relevant Member States have therefore undertaken a similar commitment regarding year-to-year flexibility in relation to main-basin salmon catches in 2023.

(20)

Council Regulation (EU) 2022/109 (6) fixes fishing opportunities for Norway pout until 31 October 2022 in ICES division 3a, United Kingdom and Union waters of subarea 4, and United Kingdom waters of 2a. The fishing period for Norway pout is from 1 November to 31 October. To enable the start of the fishery on 1 November 2022, and based on new scientific advice and following consultations with the United Kingdom, it is necessary to fix a preliminary TAC for Norway pout in ICES division 3a, United Kingdom and Union waters of subarea 4, and United Kingdom waters of ICES division 2a from 1 November 2022 to 31 December 2022. This preliminary TAC should be fixed in line with ICES advice published on 7 October 2022.

(21)

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 implementing Protocol thereto (7) provide that the Union is to receive 7,7 % of the TAC for capelin (Mallotus villosus) to be fished in Greenland waters of ICES subareas 5 and 14. On 7 October 2022, the Union received information from the Greenland authorities that following the best available scientific advice and based on the agreement reached between Greenland, Iceland and Norway on capelin, the Government of Greenland had fixed its quota. In accordance with the implementing Protocol, Greenland would like to offer the Union 7 760 tonnes of capelin. Pending the acceptance by the Union of the offer of capelin and the implementation of that offer in Union law, fishing opportunities for that stock in Regulation (EU) 2022/109 should be marked ‘To be established’.

(22)

Updated scientific advice for southern hake in ICES division 8c, subareas 9 and 10 and Union waters of CECAF 34.1.1 for 2022 was published by ICES on 12 October 2022. That updated scientific advice is MSY advice and is based on a new assessment model developed by ICES during a benchmark for that stock held in February 2022. The fishing opportunities for that stock for 2022, established by Regulation (EU) 2022/109, should be amended based on that updated scientific advice, and the TAC be fixed in line with the highest value within the range of FMSY (‘FMSY upper’), as southern hake is the most limiting species in the mixed fisheries.

(23)

Regulation (EU) 2022/109 should therefore be amended accordingly.

(24)

To avoid the interruption of fishing activities, the provisions of this Regulation relating to the Baltic Sea should apply from 1 January 2023. The catch limits provided for in Regulation (EU) 2022/109 apply from 1 January 2022. The provisions introduced by this Regulation concerning those catch limits should therefore also apply from 1 January 2022. However, this Regulation should apply to Norway pout in ICES division 3a, United Kingdom and Union waters of ICES subarea 4, and United Kingdom waters of ICES division 2a from 1 November 2022 until 31 October 2023 as that is the fishing season of Norway pout. In view of the need to continue sustainable fishing activities and to start the relevant fisheries on time for the opening of the fishing seasons, the provisions of this Regulation concerning catch limits for capelin in Greenland waters of ICES subareas 5 and 14 should apply from 15 October 2022. Since the fishing opportunities concerned either have not yet been exhausted or will be increased by this Regulation, the principles of legal certainty and protection of legitimate expectations are not affected by the retroactive application of this Regulation. For reasons of urgency, this Regulation should enter into force immediately after its publication,