(1)

Article 6 of 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 (STECF), as well as 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. Article 16(4) of Regulation (EU) No 1380/2013 provides that fishing opportunities are to be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) set out in Article 2(2) of that Regulation. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities are to be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.

(3)

Therefore, in accordance with Regulation (EU) No 1380/2013, total allowable catches (TACs) should be set on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as the opinions expressed during consultations with stakeholders.

(4)

Regulation (EU) 2019/1022 of the European Parliament and of the Council (2) established a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea. That plan aims to reach and maintain the maximum sustainable yield (MSY) for target stocks, ensuring that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY.

(5)

In accordance with Article 4(1) of Regulation (EU) 2019/1022, fishing opportunities for stocks listed in Article 1 of that Regulation are to be fixed to achieve fishing mortality at MSY on a progressive, incremental basis by 2020, where possible, and by 1 January 2025 at the latest. Fishing opportunities are to be expressed as maximum allowable fishing effort for trawlers and longliners and fixed in accordance with the fishing effort regime laid down in Article 7 of Regulation (EU) 2019/1022, as well as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters in accordance with scientific advice and with Article 7(3), point (b), of that Regulation.

(6)

STECF advised that, in order to attain the MSY targets in 2025 for all the western Mediterranean fish stocks, further action is needed and a significant reduction of fishing mortality is necessary for trawlers. Based on such advice, for 2024 the maximum allowable fishing effort for trawlers in the western Mediterranean Sea should be reduced by 9,5 % compared to the baseline between 2015 and 2017, to be deducted from the maximum allowable fishing effort set for 2023 by Council Regulation (EU) 2023/195 (3).

(7)

In 2023, STECF advised that longliners have an impact on spawners given that longliners contribute to 7 % of the hake landings in General Fisheries Commission for the Mediterranean (GFCM) geographical subareas (GSAs) 1, 2, 5, 6 and 7, 13 % of the total landings in GSA 10 and 6 % in GSAs 8, 9, 10 and 11. In 2023, STECF also advised that the spawning stock biomass of hake in GSAs 1, 5, 6 and 7 and in GSAs 8, 9, 10 and 11 is still below the conservation limit reference point (BLIM), within the meaning of Article 2(10) of Regulation (EU) 2019/1022 and that catches be reduced by at least 89 % in GSAs 1, 5, 6 and 7 and 40 % in GSAs 8, 9, 10 and 11, in order to reach FMSY in 2024. It is therefore appropriate to maintain, for 2024, the maximum allowable fishing effort for longliners at the same levels set for 2023 by Regulation (EU) 2023/195, on the basis of Article 7(5) of Regulation (EU) 2019/1022.

(8)

In 2023, STECF advised that the fishing mortality of blue and red shrimps in GSAs 1, 2, 5, 6 and 7 remains far from sustainable levels and further management measures are thus required. In particular, STECF advised that, in order to reach FMSY by 2024, catches should be reduced on average by 58 %, and specifically 56 % in GSAs 1 and 2, 59 % in GSA 5 and 61 % in GSAs 6 and 7. In accordance with Article 7(3), point (b), of Regulation (EU) 2019/1022, it is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits for blue and red shrimp in GSAs 1, 2, 5, 6 and 7 should be reduced by 5 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.

(9)

In 2023, STECF advised that further management measures for blue and red shrimp in GSAs 8, 9, 10 and 11 are required and advised decreasing the total catch by 39 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits for blue and red shrimp in GSAs 8, 9, 10 and 11 should be reduced by 3 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.

(10)

In 2023, STECF advised that further management measures for giant red shrimp in GSAs 8, 9, 10 and 11 are required and advised decreasing the total catch by 31 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits of giant red shrimp in GSAs 8, 9, 10 and 11 should be reduced by 3 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.

(11)

At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced from 2020 to 2026 a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures that relate to 2024 should be implemented in Union law.

(12)

At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/6 on the implementation of a fishing effort regime for key demersal stocks in the Adriatic Sea in 2024 (GSAs 17 and 18), stemming from Recommendation GFCM/43/2019/5. Recommendation GFCM/46/2023/6 provides for a reduction of the fishing effort regime for otter-trawlers by 4 % and a roll-over of the 2023 effort levels for beam-trawlers. In order to implement those measures into Union law, 4 % should therefore be deducted from the maximum allowable fishing effort for otter-trawlers set for 2023 by Regulation (EU) 2023/195 and the maximum allowable fishing effort for beam-trawlers should be kept at 2023 levels.

(13)

At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced from 2022 to 2029 a maximum level of catches and a related fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagics, with a derogation for the national fleets of less than 10 purse seiners or pelagic trawlers actively fishing for small pelagic stocks. Those measures that relate to 2024 should be implemented in Union law.

(14)

At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/5 on the extension of the transitional fishing regime and the establishment of a catch limit for 2024 for small pelagic stocks in the Adriatic Sea (GSAs 17 and 18), stemming from Recommendation GFCM/44/2021/20. Recommendation GFCM/46/2023/5 provides for a reduction of the catches for small pelagics with 5 % for anchovy and 9 % for sardines compared to 2023 levels. In order to implement those measures into Union law, 5 % for anchovy and 9 % for sardines should therefore be deducted from the maximum level of catches set for 2023 by Regulation (EU) 2023/195.

(15)

Taking into account the particularities of the Slovenian fleet and its marginal impact on the stocks of small pelagic and demersal stocks, and in accordance with paragraph 33 of Recommendation GFCM/44/2021/20 and paragraph 13 of Recommendation GFCM/43/2019/5, it is appropriate to preserve existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort allocation for demersal stocks.

(16)

At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/16 on a long-term management plan for European eel. That Recommendation maintains, for 2024, the existing transitional measures, six-month closure period and ban on recreational fishing. Furthermore, that Recommendation provides that Contracting Parties are to implement additional measures to reduce the fishing mortality of glass eel by at least 30 % in 2024 compared to the reference period 2019–2021. Those measures are to apply to all marine waters of the Mediterranean Sea, to freshwaters and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with that Recommendation. Those measures should be implemented in Union law.

(17)

At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/13 on a management plan for the sustainable exploitation of red coral (Corallium rubrum) in the Mediterranean Sea (geographical subareas 1 to 27), which extended by one year the provisions of Recommendation GFCM/43/2019/4 that introduced a freezing of fishing effort expressed as a maximum number of fishing authorisations, and harvest limits for red coral. Those measures should be implemented in Union law.

(18)

At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/14 on a multiannual management plan for the sustainable exploitation of common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea (geographical subareas 1 to 27). That Recommendation introduced, consistent with the precautionary approach and for the transitional period of 2024 to 2026, a fleet capacity ceiling, a freeze of fish aggregating devices (FADs) capacity per vessel, a catch limit and a temporal closure. For recreational fisheries, Recommendation GFCM/46/2023/14 further provides that a daily bag limit is to be observed as well as a prohibition period for commercial fisheries. Those measures should be implemented in Union law for the transitional period of 2024 to 2026. Those measures are without prejudice to the management measures that will be proposed by the Scientific Advisory Committee within GFCM for the long-term management plan for the period 2027–2031.

(19)

At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. Recommendation GFCM/45/2022/4 introduced an effort regime for hake (Merluccius merluccius) and catch limits for deep-water rose shrimps (Parapenaeus longirostris), as well as a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for deep-water rose shrimps. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for deep-water rose shrimp set for 2023 by Regulation (EU) 2023/195.

(20)

At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/5 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6. Recommendation GFCM/45/2022/5 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Regulation (EU) 2023/195.

(21)

At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/6 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Ionian Sea (geographical subareas 19 to 21), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/6 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Regulation (EU) 2023/195.

(22)

At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Levant Sea (geographical subareas 24 to 27), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/7 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits set for giant red shrimp and blue and red shrimp for 2023 by Regulation (EU) 2023/195.

(23)

At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream (Pagellus bogaraveo) in the Alboran Sea (geographical subareas 1 to 3), repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. Recommendation GFCM/45/2022/3 introduced maximum levels of catches for 2023, 2024 and 2025, a maximum number of longliners and handlines authorised and new measures for recreational fisheries. In order to implement those measures in Union law, 7 % should therefore be deducted from the maximum allowable catch limits set for blackspot seabream for 2023 by Regulation (EU) 2023/195.

(24)

At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot (Scophthalmus maximus) fisheries in the Black Sea (GFCM geographical subarea 29). Recommendation GFCM/43/2019/3 introduced from 2020 to 2024 an updated regional TAC and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two-month closure period and a limitation of fishing days to 180 days per year. In accordance with Recommendation GFCM/43/2019/3, those further conservation measures are functionally linked to the fishing opportunities, as, without those measures in place, the TAC level for turbot would have to be reduced to ensure its recovery. Those measures should be implemented in Union law.

(25)

At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/7 on a multiannual management plan for turbot fisheries in the Black Sea (geographical subarea 29), amending Recommendation GFCM/43/2019/3. That Recommendation maintained the existing TAC until 31 December 2024. Those measures should be implemented in Union law.

(26)

At its 46th annual meeting in 2023, the GFCM approved a carry-over of the unused Union quota for turbot in 2022, in view of the exceptional situation created by the regional context in the Black Sea. That measure should be implemented in Union law. The distribution of the fishing opportunities arising from that under-utilisation should be carried out on the basis of the respective contribution of each Member State towards the under-utilisation, without modifying the distribution key established by Regulation (EU) 2023/195 concerning the annual allocation of TACs.

(27)

Based on the scientific advice provided by the GFCM Working Group for the Black Sea, the current level of fishing mortality of sprat (Sprattus sprattus) should be maintained to ensure the sustainability of sprat stocks in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for those stocks.

(28)

The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (4), and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.

(29)

In order to promote the use of selective gears and to establish efficient closure areas to protect juveniles and spawners, Council Regulation (EU) 2022/110 (5) established a compensation mechanism in relation to the effort regime for trawlers. As STECF continues to recommend in 2024 the further improvement of selectivity of fishing gear and of efficient closure areas to protect juvenile fish and spawners, it is appropriate to allocate 4,5 % of fishing days. If a vessel fulfils two conditions, a Member State may increase the additional allocation of fishing days to 5 %. If a vessel fulfils at least three conditions, a Member State may increase the additional allocation of fishing days to 6 %.

(30)

Council Regulation (EC) No 847/96 (6) provides for additional conditions for the year-to-year management of TACs including, under Articles 3 and 4 thereof, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when establishing TACs the Council is to decide which stocks will not be subject to Articles 3 and 4 of that Regulation, in particular on the basis of the biological status of stocks. 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 CFP and cause the biological status of stocks to deteriorate, it should be made explicit that Article 3(2) and (3) and Article 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.

(31)

In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2024. For reasons of urgency, this Regulation should enter into force on the day following that of its publication,