(1)

On 29 April 2021, the Council adopted Decision (EU) 2021/689 on the conclusion 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 (hereinafter ‘Trade and Cooperation Agreement’) (2). The Trade and Cooperation Agreement entered into force on 1 May 2021.

(2)

Article 498(2) of the Trade and Cooperation Agreement provides that the Parties shall hold consultations annually to agree, by 10 December of each year, the total allowable catches (TACs) for the following year for the stocks listed in Annex 35 of the Agreement. These consultations may also cover the additional matters referred to in Article 498(4) of the Agreement including list of stocks for which fishing is prohibited, the determination of the TAC for any stock which is not listed in Annex 35 or Annex 36 and the Parties’ respective shares of those stocks, measures for fisheries management.

(3)

The Union conducts the annual consultations in line with the objectives and principles set out in Articles 2, 3, 28 and 33 of Regulation (EU) No 1380/2013, Articles 4 and 5 of the Western Waters (3) and North Sea (4) multiannual plans, and Council Decision (EU) 2021/1875 (5).

(4)

The Union position during the annual consultations is based on the best available scientific advice, principally that provided by the International Council for the Exploration of the Sea (ICES) in accordance with Article 494(3)(c) of the Trade and Cooperation Agreement.

(5)

The Written Record documenting the arrangements made between the Parties as a result of those consultations shall be produced and signed by the heads of delegation of the Parties in accordance with the obligation set out in Article 498(6) of that Agreement.

(6)

On 16 December 2022, the Union agreed with the United Kingdom on the setting of a substantial number of TACs for 2022 for stocks listed in Annex 35 to the Trade and Cooperation Agreement. The outcome of the consultations was documented in the Written Record (6), which was endorsed by the Council on 20 December 2022 and signed by the Head of Delegation of the United Kingdom and by the Commission representative on behalf of the Union, in accordance with Article 498(6) of the Trade and Cooperation Agreement and Decision (EU) 2021/1875.

(7)

Piked dogfish (Squalus acanthias) is a stock jointly managed by the Union and the United Kingdom. During the annual consultations, the Union and the United Kingdom agreed that, given the assessed improvement of the status of the piked dogfish stock, piked dogfish should no longer be a prohibited species. The relevant TAC levels fixed in that Written Record were subsequently implemented in Council Regulation (EU) 2023/194 (7).

(8)

The Union and the United Kingdom also agreed that, in order to protect a component of this stock that is particularly vulnerable to fishing mortality, it is appropriate to deter directed fisheries targeting aggregations of mature females. To this end, the Union and the United Kingdom agreed that a maximum catch size of 100 cm should be respected.

(9)

Pending the adoption of such a maximum catch size in Union law in accordance with Article 15(2) of Regulation (EU) No 1380/2013, the measure agreed with the United Kingdom was established in Annex IA of Regulation (EU) 2023/194. The measure was functionally linked to the TAC for piked dogfish, as, without such measure, the TAC level alone would not ensure sufficient protection of spawning females, which constitute a particularly vulnerable part of the population.

(10)

The current Regulation aims at excluding piked dogfish above 100 cm from the landing obligation, thereby ensuring that when caught accidentally, such specimen shall not be harmed and be promptly released back into the sea.

(11)

The Regulation provides a more stable legal framework, given the temporary nature of the measures adopted by the Council which, in accordance with Article 59(k) of Regulation (EU) 2023/194, will cease to apply on the date on which a delegated act introducing corresponding measures and regulating the treatment of catches of those stocks over 100 cm becomes applicable.

(12)

The current Regulation ensures compliance by the Union with its international obligations and create legal certainty and a level playing field for Union fishermen.

(13)

As the measures provided for in this Regulation have a direct impact on the conservation of the stock, this Regulation should enter into force immediately after its publication.

(14)

As the measures agreed in the Written Record between the Union and the United Kingdom expire on 31 December 2023, this Regulation should also cease to apply on that date,