(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, including certain measures functionally linked thereto, should be amended to take into account the publication of scientific advice, as well as the outcomes of consultations with third countries and regional fisheries management organisations (RFMOs) meetings.

(2)

Regulation (EU) 2024/257 provisionally set at zero the total allowable catches (TAC) for anchovy (Engraulis encrasicolus) in International Council for the Exploration of the Sea (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 June 2025, pending the publication by ICES of its scientific advice for anchovy in ICES division 9a for that period. To allow fishing to continue until the TAC for that stock for the period from 1 July 2024 to 30 June 2025 is set, a provisional TAC at the level of 4 997 tonnes for the period from 1 July 2024 to 30 September 2024 should be set. That level corresponds to Member States’ catches of that stock in the third quarter of 2023.

(3)

On 28 March 2024, the Scientific, Technical and Economic Committee for Fisheries (STECF) published its opinion on the socio-economic impact of setting the TAC for pollack (Pollachius pollachius) in ICES divisions 8a, 8b, 8d and 8e for 2024 at the level advised by ICES and indicating the level of that TAC required to avoid the phenomenon of ‘choke species’ (2). Therefore, the definitive TAC for 2024 should be set, replacing the provisional TAC set by Regulation (EU) 2024/257 for the period from 1 January to 30 June 2024. Pursuant to Article 5(3) of Regulation (EU) 2019/472 of the European Parliament and of the Council (3), that TAC should be set at a level of 959 tonnes, which, according to that opinion of the STECF, will allow the fleets to continue operating until the fourth quarter of the year and therefore reduce: (i) the phenomenon of ‘choke species’ and a premature closure of the relevant fisheries; and (ii) associated socio-economic impacts on the fisheries sector.

(4)

On 18 and 19 June 2024, the Union and Norway held consultations on: (i) the level of the overall fishing opportunities for Northern prawn in ICES divisions 3a and 4a east for the period from 1 July 2024 to 30 June 2025; and (ii) the level of the TAC for Northern prawn in ICES division 3a. The outcome of those consultations was documented in an Agreed Record signed on 19 June 2024. The TAC for Northern prawn in ICES division 3a should therefore be set at the level agreed with Norway. The Union and Norway also considered transfers of Northern prawn in Norwegian waters of the North Sea south of 62oN from Norway to the Union, in addition to the level set out in Table 2 of the Agreed Record of fisheries consultations between the Union and Norway for 2024, signed on 8 December 2023. The Member States quotas for Northern prawn in Greenland waters of ICES subareas 5 and 14 should be amended accordingly.

(5)

Between 23 May and 4 June 2024, the Union, the United Kingdom and Norway held consultations on: (i) the level of the overall fishing opportunities for sprat (Sprattus sprattus) in Union and United Kingdom waters of ICES subarea 4 and division 2a and in Union and Norwegian waters of ICES division 3a for the period from 1 July 2024 to 30 June 2025; and (ii) the levels of the TACs for sprat in those areas. The outcome of those consultations was documented in an Agreed Record signed on 11 June 2024. The TACs for sprat and associated by-catches for the period from 1 July 2024 to 30 June 2025 in: (i) Union and United Kingdom waters of ICES subarea 4 and division 2a; and (ii) Union and Norwegian waters of ICES division 3a, should therefore be set at the levels agreed with the United Kingdom and Norway.

(6)

Between 14 and 24 May 2024, the Union and the United Kingdom held consultations pursuant to Article 498(2), (4) and (6) 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 (4) (the ‘Agreement’) on the level of the TAC for sprat in ICES divisions 7d and 7e for the period from 1 July 2024 to 30 June 2025. The outcome of those consultations was documented in a Written Record signed on 30 May 2024. The TAC for sprat and associated by-catches in ICES divisions 7d and 7e for that period should therefore be set at the level agreed with the United Kingdom.

(7)

The Union and the United Kingdom agreed, in paragraph (m) of the EU-UK Written Record of fisheries consultations between the United Kingdom and the European Union for 2024, to submit a joint request to ICES to publish a revised advice based on the outcome of the benchmark and to amend the TAC for common sole (Solea solea) in the Irish Sea (SOL/07A.) in line with that revised advice. On 13 June 2024 the Union and the United Kingdom held consultations pursuant to Article 498(5) of the Agreement with the aim of agreeing on an amended TAC for common sole (Solea solea) in ICES division 7a for 2024. The outcome of those consultations was documented in a Written Record signed on 17 June 2024. It is therefore appropriate to amend the level of that TAC and set it at the level agreed with the United Kingdom.

(8)

To allow fishing to start on 1 July 2024, the Union quota for redfish (Sebastes spp.) in international waters of ICES subareas 1 and 2 should be set for 2024. That Union quota should be set at the level of 6 000 tonnes, i.e. at the same level as for 2023, pending the availability of scientific advice and to allow to maintenance at historic level of the Union fishing activities for the stock in international waters.

(9)

At is 2024 annual meeting, the North Pacific Fisheries Commission (NPFC) amended measures for chub mackerel (Scomber japonicus) in the NPFC Convention area and, for the first time, established catch limits for that stock available to all NPFC Contracting Parties, including the Union, for trawlers and purse seiners respectively for the period from 1 June 2024 to 31 May 2025. In addition, the NPFC established an additional amount of that stock for the Union for that same period. It also established associated effort limits. Moreover, the NPFC established measures functionally linked to those catch limits and to that additional amount, without which: (i) those catch limits for all NPFC Contracting Parties could not have been established; and (ii) the fishing opportunities for chub mackerel in the NPFC Convention area would have to be reduced to protect the non-target species. Those fishing opportunities and functionally linked measures should be implemented in Union law. Regarding the catch limits and the additional amount for the Union, as Member States have not fished for that stock in the past, those fishing opportunities should be allocated at Union level.

(10)

Regulation (EU) 2024/897 of the European Parliament and of the Council (5) inter alia amends Article 33 of Regulation (EU) 2017/2107 of the European Parliament and of the Council (6) by inserting a new provision which prohibits Union vessels from harming shortfin mako sharks caught in the Atlantic Ocean north of 5oN, and requires Union vessels to release promptly such shortfin mako sharks into the sea, while giving due consideration to the safety of crew members. To avoid overlapping provisions on the same subject matter, it is appropriate to delete Article 27(6) of Regulation (EU) 2024/257.

(11)

Articles 32 and 34 to 36 of Regulation (EU) 2017/2107 already prohibit Union vessels from retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus), oceanic whitetip sharks (Carcharhinus longimanus), hammerhead sharks of the Sphyrnidae family and silky sharks (Carcharhinus falciformis), caught in association with fisheries in the ICCAT Convention area, and require prompt release of unharmed specimens back into the sea. To avoid overlapping provisions on the same subject matter, it is appropriate to delete Article 27(1) and (3) to (5) of Regulation (EU) 2024/257.

(12)

Pursuant to Article 8 of Regulation (EU) 2023/2053 of the European Parliament and of the Council (7), certain Member States submitted to the Commission revised annual fishing and capacity management plans with requests to carry-over 5 % of their annual quota of bluefin tuna (Thunnus thynnus) in the Atlantic Ocean, east of 45oW, and the Mediterranean from 2023 to 2024. Based on those plans, on 23 May 2024 the Commission submitted to the ICCAT Secretariat a revised Union annual plan for 2024 for approval by ICCAT. On 24 May 2024, ICCAT approved that plan. In order to ensure consistency with the revised Union annual plan approved by ICCAT, the TAC for bluefin tuna in the Atlantic Ocean, east of 45oW, and the Mediterranean for 2024 should therefore be amended accordingly.

(13)

Pursuant to Article 15(7) of Regulation (EU) 2023/2053, certain Member States submitted to the Commission revised farming management plans for bluefin tuna in the ICCAT Convention area. Based on those revised plans, on 23 May 2024 the Commission submitted to the ICCAT Secretariat a revised Union annual plan for 2024 for approval by ICCAT. On 24 May 2024, ICCAT approved that plan. The Union’s maximum farming input and capacity should therefore be amended in line with that plan. That is without prejudice to Member States’ right to prepare and submit their farming management plans for the next years according to Article 15(3) and (4) of Regulation (EU) 2023/2053.

(14)

Article 20(1) and certain TAC tables in Annexes IA, Part B, and IK to Regulation (EU) 2024/257, and Article 18(1) and Annex IA, Part D, to Council Regulation (EU) 2023/194 (8) contain certain errors as regards fishing opportunities levels, species, application areas and reporting codes. It is therefore appropriate to correct those provisions accordingly.

(15)

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

(16)

Certain provisions of this Regulation amending provisions of Regulation (EU) 2024/257 concerning fishing opportunities for toothfishes (Dissostichus spp.) in the Southern Indian Ocean Fisheries Agreement (SIOFA) area should apply from 1 December 2023, in line with the application period of the amended provisions. In addition, the provisions of this Regulation amending provisions of Regulations (EU) 2023/194 and (EU) 2024/257 concerning: (i) pollack in ICES divisions 8a, 8b, 8d and 8e; (ii) bluefin tuna in the Atlantic Ocean, east of 45oW, and the Mediterranean; and (iii) other provisions subject to corrections of errors, should apply from 1 January 2024, in line with the application period of the provisions concerned. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the level or area of application of the fishing opportunities or farming limits are increased.

(17)

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

(1)

in Article 1(2), the following point is added:

;

(2)

in Article 4, the following point is inserted:

(*1)   OJ L 55, 28.2.2022, p. 14. The Union acceded to the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean by means of Council Decision (EU) 2022/314 of 15 February 2022 on the accession of the European Union to the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean (OJ L 55, 28.2.2022, p. 12);’;"

(3)

the following Article is inserted:

(4)

in Article 20(1), points (c) to (f) are deleted;

(5)

Article 27 is replaced by the following:

(6)

the following Section is inserted:

(*2)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).’;"

(7)

in Article 55(1), point (d) is deleted;

(8)

in Article 59, the third paragraph is amended as follows:

(9)

Annexes IA, IB, ID, IK and VI are amended in accordance with Annex I, part I, to this Regulation;

(10)

Annexes IM and Xa are inserted in accordance with Annex I, parts II and III, to this Regulation.

(1)

in Article 18(1), point (p) is replaced by the following:

;

(2)

in Article 55(1), point (k) is replaced by the following:

;

(3)

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