(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, and any advice received from advisory councils.

(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. 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.

(3)

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.

(4)

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.

(5)

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.

(6)

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

(7)

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 order to strike a balance between maintaining fisheries, in view of the potentially severe socioeconomic implications of failing to do so, and the need to achieve a good biological status for those stocks, taking into account the difficulty of fishing all stocks in a mixed fishery at MSY. Those by-catch TACs should be set at levels that ensure that the mortality for those stocks is decreased, provide incentives to improve selectivity and avoid by-catches of those stocks. In order to reduce catches of the stocks for which by-catch TACs are set, fishing opportunities for the fisheries in which fish from those stocks are caught should be fixed at levels that help the biomass of vulnerable stocks to recover to sustainable levels.

(8)

According to ICES, the vast majority of the fisheries in the Baltic Sea have at least some degree of mixing between species. That mixing concerns both species managed by a TAC and species not managed by a TAC. The most important degree of mixing occurs between pelagic species and demersal species. For 2024, ICES advises zero catches of western Baltic herring, eastern Baltic cod and main basin salmon. Moreover, the ICES precautionary advice for western Baltic cod is extremely low. Therefore, if the TACs for these stocks were established at the levels advised by ICES, this would result in vessels fishing for plaice in particular to cease fishing in 2024. Based on the data from the European Market Observatory for Fisheries and Aquaculture Products (EUMOFA), the first-sale value of the plaice fishery that is allowed to be caught within the limits of the proposed TACs is estimated at EUR 24,5 million. Many fisheries, notably small-scale coastal fisheries, for species not managed by a Union TAC, notably other flatfish species, would also need to stop fishing in 2024. It is therefore appropriate to establish TACs for by-catches of the choke species western Baltic herring, eastern Baltic cod, western Baltic cod, and main basin salmon under certain conditions.

(9)

As regards the eastern Baltic cod stock, ICES estimates that the biomass of the eastern Baltic cod stock continues to be below the limit reference point for the spawning stock biomass below which it is possible that reproductive capacity might be reduced (Blim) and has hardly increased compared to 2022. ICES therefore advises for the fifth consecutive year not to catch any eastern Baltic cod. In these circumstances, it is appropriate, pursuant to Regulation (EU) No 1380/2013, to keep the targeted fisheries closed and to maintain the functionally linked remedial measures. The fishing opportunities for unavoidable by-catches should be fixed at a low level while avoiding the choke-species phenomenon occuring.

(10)

As regards the western Baltic cod stock, ICES has downgraded its advice, due to continued uncertainties, to precautionary advice. It appears now that the stock has been below Blim for most of the past 15 years and was at a historic low in 2022. The precautionary catch advice is at an extremely low level. In these circumstances, it is appropriate, in accordance with Regulation (EU) No 1380/2013, to keep the targeted fisheries closed, to maintain the functionally linked remedial measures, and to close the recreational fisheries for western Baltic cod. The fishing opportunities for unavoidable by-catches should be fixed at a low level while avoiding the choke-species phenomenon occuring.

(11)

As regards salmon in ICES subdivisions 22 to 31, ICES maintained its zero-catch advice, limited the possibility of continued targeted coastal summer fisheries to ICES subdivision 31 and reduced its catch advice accordingly. In these circumstances, it is appropriate, pursuant to Regulation (EU) No 1380/2013, to adjust the fishing area and the level of fishing opportunities in accordance with the ICES advice, and to maintain the functionally linked remedial measures.

(12)

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

(13)

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 has contributed 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 existing restrictions in order to maintain a low level of misreporting.

(14)

Measures on recreational fisheries of cod and salmon and measures for the conservation of 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.

(15)

As regards herring in the Gulf of Bothnia, the fishery for which is of major socioeconomic importance, ICES has provided MSY advice with ranges of catches. At the same time, the biomass of that stock is below the reference point below which specific and appropriate management action is to be taken (Btrigger), and there is a probability that the stock falls below Blim in 2025. In those circumstances, it is appropriate, pursuant to Regulation (EU) 2016/1139, to fix the fishing opportunities in the lower range of the fishing mortality resulting in MSY (FMSY).

(16)

As regards western Baltic herring, ICES estimates that while the biomass of the stock has increased, it is only 71 % of Blim. Furthermore, recruitment remains at historically low levels and the biomass is not expected to recover above Blim in 2025. ICES therefore advises for the sixth consecutive year not to catch any western Baltic herring. In those circumstances, it is appropriate, pursuant to Regulation (EU) 2016/1139, to keep the targeted fisheries closed and to fix the fishing opportunities for unavoidable by-catches at a low level to avoid the choke-species phenomenon occuring.

(17)

As regards central Baltic herring, the fishery for which is of major socioeconomic importance, ICES has provided MSY advice with ranges of catches. At the same time, ICES estimates that the biomass of that stock has been below Blim for most of the last 30 years, including in recent years, and that there is a probability that the biomass of that stock remains below Blim in 2025. In those circumstances, it is appropriate, pursuant to Regulation (EU) 2016/1139, to fix the fishing opportunities in the lower FMSY range and to set a spawning closure for fisheries using pelagic trawl as an additional remedial measure functionally linked to the fishing opportunities.

(18)

As regards herring in the Gulf of Riga, ICES estimates that the biomass is above Btrigger and the fishing pressure at FMSY. It is therefore appropriate, pursuant to Regulation (EU) 2016/1139, to fix the fishing opportunities at the FMSY point value.

(19)

As regards plaice, ICES estimates that cod is caught as by-catch in the plaice fisheries. It is therefore appropriate, pursuant to Regulation (EU) 2016/1139, to fix the fishing opportunities for plaice below the lowest value within the range of FMSY.

(20)

As regards sprat, ICES estimates that while the biomass is above Btrigger, there has been no strong recruitment since 2014. Moreover, ICES estimates that recruitment in 2021 and 2022 was historically low. Furthermore, the sprat fisheries are often mixed fisheries where sprat is fished for together with herring. It is therefore appropriate, pursuant to Regulation (EU) 2016/1139, to fix the fishing opportunities for sprat in the corresponding lower FMSY range.

(21)

The use of the fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (3), 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.

(22)

Council Regulation (EC) No 847/96 (4) lays 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. In addition, Article 15(9) of Regulation (EU) No 1380/2013 lays down a 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 stocks to deteriorate, it should be made explicit that Articles 3 and 4 of Regulation (EC) No 847/96 apply to TACs only where the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.

(23)

The biomass of the eastern Baltic cod, western Baltic cod and western Baltic herring stocks is below Blim. For all these stocks only by-catch, scientific fisheries and, in the case of western Baltic herring, small-scale coastal fisheries are permitted in 2024. Therefore, and given the relatively low resilience of the Baltic Sea ecosystem, the Member States having a quota share of the relevant TACs have 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 2024 so that catches in 2024 do not exceed the relevant TACs. Furthermore, in ICES subdivisions 22-30, 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 2024. The relevant Member States have therefore undertaken a similar commitment regarding year-to-year flexibility in relation to main-basin salmon catches in 2024.

(24)

Council Regulation (EU) 2023/194 (5) fixes fishing opportunities for Norway pout from 1 November 2022 until 31 October 2023 in ICES division 3a (‘the Skagerrak-Kattegat’), United Kingdom and Union waters of ICES subarea 4 and United Kingdom waters of ICES division 2a (‘the North Sea’). The fishing season for Norway pout is from 1 November to 31 October. The Union and the United Kingdom held bilateral consultations pursuant to Article 498(2) 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 (6) on 16 October 2023 and agreed on a TAC on the basis of the ICES advice published on 9 October 2023. The results of the consultation are documented in the Written Record, which was endorsed by the Council on 20 October 2023 and signed by the Commission representative on behalf of the Union and by the Head of Delegation of the United Kingdom, in accordance with Article 498(6) of that Agreement and with Council Decision (EU) 2021/1875 (7). The relevant fishing opportunities for 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 2023 to 31 October 2024 should therefore be fixed at the level set out in that Written Record.

(25)

Regulation (EU) 2023/194 fixes fishing opportunities for haddock in ICES subarea 4, division 6a and division 3a (North Sea, West of Scotland, Skagerrak) for 2023, based on the outcome of fisheries consultations between the Union, Norway and the United Kingdom for 2024, as documented in the Agreed Record signed on 9 December 2022. In order to guarantee the full use of fishing opportunities, it is appropriate to allow for the implementation of a flexible arrangement between some of the TAC areas where the same biological stock is concerned. It is thus appropriate to introduce an inter-area flexibility of Member States’ quotas for haddock of up to 10 % from the North Sea to Union waters of the Skagerrak-Kattegat.

(26)

The Sustainable Fisheries Partnership Agreement between the European Union, on the one part, and the Government of Greenland and the Government of Denmark, on the other part, and the implementing Protocol thereto (8) provide that the Union is to receive from the Government of Greenland 7,7 % of the TAC for capelin (Mallotus villosus) to be fished in Greenland waters of ICES subareas 5 and 14. On 5 October 2023, the Government of Greenland informed the Union that, based on the intermediate scientific advice published by the Icelandic Marine and Freshwater Research Institute, according to which catches in ‘winter 2023/2024’ should be no more than zero tonnes, the Government of Greenland is currently unable to offer capelin to the Union for the corresponding period. Pending the issuance of the final scientific advice, which could allow the Government of Greenland to offer capelin to the Union, fishing opportunities for that stock in Regulation (EU) 2023/194 should therefore be marked ‘To be established’.

(27)

Regulation (EU) 2023/194 should therefore be amended accordingly.

(28)

To avoid the interruption of fishing activities, the provisions of this Regulation relating to the Baltic Sea should apply from 1 January 2024. 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 2023 until 31 October 2024 as that is the fishing season of Norway pout. This Regulation should apply to haddock in ICES subarea 4, division 6a and division 3a (North Sea, West of Scotland, Skagerrak) from 1 November 2023 until 31 December 2023, in order to guarantee the full use of fishing opportunities for 2023. For reasons of urgency, this Regulation should enter into force immediately after publication,