EUROPEAN COMMISSION
Brussels, 24.8.2026
COM(2026) 437 final
2026/0240(NLE)
Proposal for a
COUNCIL REGULATION
fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2027 and amending Regulation (EU) 2026/249 as regards certain fishing opportunities in other waters
EXPLANATORY MEMORANDUM
1.CONTEXT OF THE PROPOSAL
•Reasons for and objectives of the proposal
In accordance with Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the common fisheries policy (the ‘CFP Regulation’), marine biological resources must be exploited in a way that restores and maintains populations of harvested species above levels that can produce the maximum sustainable yield (MSY). An important tool for ensuring this is the annual fixing of fishing opportunities in the form of total allowable catches (‘TACs’) and quotas.
Regulation (EU) 2016/1139 of the European Parliament and of the Council establishing a multiannual plan for the Baltic Sea (the ‘MAP’) further specifies target ranges for fishing mortality. These ranges are used in this proposal to achieve the objectives of the common fisheries policy (‘CFP’) and in particular to restore and maintain MSY.
This proposal aims to fix fishing opportunities for 2027 for the most commercially significant fish stocks in the Baltic Sea. It also aims to regulate marine recreational fisheries to the extent required to conserve the fish stocks covered by this Regulation. To simplify and clarify the annual TAC and quota decisions, fishing opportunities in the Baltic Sea have been fixed by way of a separate regulation since 2007.
•Consistency with existing policy provisions in the policy area
The proposal sets TACs and quotas at levels consistent with the objectives of the CFP Regulation and the MAP.
•Consistency with other Union policies
The proposal is consistent with other Union policies, in particular with policies in the field of the environment.
2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
•Legal basis
The legal basis for the proposal is Article 43(3) of the Treaty on the Functioning of the European Union (‘TFEU’).
•Subsidiarity (for non-exclusive competence)
The proposal falls under the Union’s exclusive competence referred to in Article 3(1), point (d), TFEU. Therefore, the subsidiarity principle does not apply.
•Proportionality
The proposal allocates fishing opportunities to Member States according to the objectives of the CFP Regulation and the MAP. Under Article 16(6) and (7) and Article 17 of the CFP Regulation, Member States are to decide how the fishing opportunities allocated to them are allocated to fishing vessels that fly their flag according to certain criteria set out in those Articles. Member States therefore have a margin of discretion to distribute the fishing opportunities that this proposal proposes to allocate to them in line with their preferred social/economic model.
•Choice of instrument
A regulation is considered the most appropriate instrument because it makes it possible to set requirements that apply directly to Member States and relevant businesses. This will help ensure that the requirements are implemented in a timely and harmonised way, thus leading to greater legal certainty.
3.RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
•Stakeholder consultations
The Commission consulted stakeholders (particularly through the Baltic Sea Advisory Council) on the basis of its Communication on ‘Sustainable fishing in the EU: state of play and orientations for 2027’ (COM(2026) 271 final). The International Council for the Exploration of the Sea (‘ICES’) provided the scientific basis for the proposal. The views expressed by the consulted stakeholders on all fish stocks concerned were taken into account as much as possible but without contradicting current policies or causing any deterioration in the state of vulnerable resources.
Scientific advice on catch limitations and on the status of stocks was also discussed with Member States at the BALTFISH regional forum in June 2026.
•Collection and use of expertise
The Commission consulted ICES whose scientific advice is based on an advice framework developed by its expert groups and decision-making bodies and issued in line with its framework partnership agreement with the Commission.
Each year, the Union seeks scientific advice from ICES on the state of important fish stocks. The advice received covers all Baltic stocks and TACs are proposed for the most commercially significant stocks.
•Impact assessment
The proposal is part of a long-term approach in which fishing is adjusted in line with the objective of contributing to achieving – and then maintaining – sustainable long-term levels. Over time, this approach is expected to result in (i) stable fishing pressure; (ii) higher quotas; and therefore (iii) improved incomes for fishers and their families. Where landings increase, this is expected to benefit (i) the fishing industry; (ii) consumers; (iii) the processing and retail industry; and (iv) the rest of the industry linked to commercial and recreational fishing. However, the recent evaluation of the CFP Regulation showed mixed results, notably for the Baltic Sea. Overall, while fishing pressure has decreased, the number of stocks with a healthy biomass has decreased somewhat. In this context, sustainable fisheries in the Baltic Sea can only be achieved in conjunction with a healthy marine environment, notably by implementing the 2030 Biodiversity Strategy and other related initiatives, such as the EU action plan for marine ecosystems and fisheries.
This proposal seeks to avoid short-term approaches in favour of long-term sustainability. It therefore takes account of initiatives by stakeholders and advisory councils which have been positively reviewed by ICES and/or the Scientific, Technical and Economic Committee for Fisheries (STECF). The Commission proposal (SEC(2011) 891) that led to the CFP Regulation was based on an impact assessment which found that, although achieving the MSY objective was a necessary condition for environmental, economic and social sustainability, those three objectives could not be achieved in isolation.
Up to 2019, decisions on Baltic Sea fishing opportunities successfully set TACs for all stocks with MSY advice in line with the FMSY ranges at the moment of TAC setting, except in the case of western Baltic herring. Those decisions also contributed to rebuilding stocks and rebalancing fishing capacity and fishing opportunities. However, in 2019 it became apparent that eastern Baltic cod had been under severe pressure for many years. Since then, ICES has estimated that this stock will most probably remain below the Blim conservation reference point in the years to come. In 2021, it became apparent that the western Baltic cod stock had also been below Blim for many years. Moreover, ICES also found that several salmon populations were not in good condition. Up to 2020, ICES estimated that the biomass of central Baltic herring was below the MSY Btrigger conservation reference point. In 2023 ICES estimated that the biomass had actually been fluctuating around Blim since the 1990s. However, since 2021 the biomass has been increasing and is estimated to be above MSY Btrigger in 2028. The biomass of Bothnian herring has been continuously decreasing since its peak in 1994. Following a benchmark in 2024, its biomass is estimated to have been below MSY Btrigger since 2019, falling to one of its lowest levels on record in 2024, halfway between MSY Btrigger and Blim. This year, ICES estimates that the biomass is higher than estimated in the past but predicts it will continue decreasing and will therefore remain below MSY Btrigger. The biomass of sprat has substantially decreased in recent years and in 2025 reached its lowest level since 1990, close to MSY Btrigger. However, it is predicted to double this year and to continue increasing in 2027. Further progress is therefore still needed to reach and maintain MSY for all Baltic Sea stocks.
On 29 May 2026, ICES published its scientific advice for the various Baltic stocks for 2027, except for salmon in the main basin and in the Gulf of Finland for which the advice issued last year still applies. For eastern and western Baltic cod and western Baltic herring, ICES re-issued advice for zero catches in 2027 due to the unchanged (critical) condition of the stock. The advice for eastern Baltic cod and western Baltic cod is based on the precautionary approach. The biomass of both cod stocks remains below Blim. For the other six stocks, ICES issued MSY advice with the following biomass estimates:
·sprat, herring in the Gulf of Riga and plaice are estimated to be above MSY Btrigger;
·central Baltic herring and Bothnian herring are estimated to be below MSY Btrigger; and
·western Baltic herring is estimated to be below Blim.
It is therefore proposed to increase the fishing opportunities compared to 2026 for Bothnian herring by +3%, for central Baltic herring by +49%, for herring in the Gulf of Riga by +11% and for sprat by +44%. In addition, it is proposed to decrease the by-catch allocations for eastern and western Baltic cod and for western Baltic herring compared to 2026 by -51%, -88% and -45% respectively. As regards salmon in the main basin and in the Gulf of Finland, as well as plaice, it is proposed to maintain for 2027 the TAC level adopted in 2026.
The economic impact of the proposal for 2027 is therefore that fishing opportunities will increase overall for all Member States. All in all, the proposal equates to a catch volume of approximately 543 000 tonnes, representing a 35.3% increase compared to the final fishing opportunities for 2026.
•Regulatory fitness and simplification
The proposal continues to allow for flexibility through the application of the quota-exchange mechanisms already laid down by regulations on fishing opportunities in the Baltic Sea in previous years. No new rules or new administrative procedures are proposed for Union or national public authorities that would increase administrative burden.
The proposal concerns an annual regulation applicable to 2027. It therefore does not include a revision clause.
4.BUDGETARY IMPLICATIONS
The proposal has no implications for the Union budget.
5.OTHER ELEMENTS
•Implementation plans and monitoring, evaluation, and reporting arrangements
Monitoring and compliance will be ensured in accordance with Council Regulation (EC) No 1224/2009.
•Detailed explanation of the specific provisions of the proposal
The proposal fixes fishing opportunities for certain fish stocks or groups of fish stocks in the Baltic Sea for 2027.
To set Union quotas for stocks shared with the Russian Federation, the respective quantities corresponding to the Russian Federation’s historic share of those stocks have been deducted from the catches advised by ICES. The fishing opportunities allocated to Member States are set out in the Annex to this proposal.
Regarding eastern Baltic cod, ICES further downgraded its assessment type from an analytical assessment to a survey index indicative of trends. The advice for 2027 remains category 3 precautionary advice and zero catches for the eighth consecutive year. Due to the depleted stock situation, the Council has decided since 2019 to close the targeted fishery and to adopt remedial measures functionally linked to the fishing opportunities (a spawning closure period and a ban of recreational fisheries, which since 2025 has covered the entire management area). These remedial measures have not yet had the time to improve the stock status so the proposal seeks to maintain them, in accordance with Article 3(1) of the MAP and Article 16(4) of the CFP Regulation, in conjunction with Article 2(1) and Article 2(5), points (c) and (f) of that Regulation. Regarding the TAC level, ICES has so far not been in a position to quantify the level of eastern Baltic cod by-catches in other fisheries, but confirms the presence of eastern Baltic cod by-catches in all other fisheries. Without a by-catch allocation of eastern Baltic cod, all fisheries in the eastern Baltic cod management area would have to be closed. In order to avoid the potentially severe socio-economic consequences of a total closure and in the absence of additional information, the Commission proposes to set the by-catch TAC for eastern Baltic cod at a level whose quota shares cover the reported landings of each Member State concerned in the eastern Baltic cod management area in 2025, which is 211 tonnes. This should ensure that the fishing pressure on this stock will not increase. Moreover, cod is an unavoidable by-catch in demersal flatfish fisheries and more selective fishing gears, which are expected to substantially reduce cod by-catches, became mandatory in April 2025 in the main distribution area of eastern Baltic cod.
Regarding western Baltic cod, in 2023, ICES downgraded its assessment type to category 3 precautionary advice. In 2025, ICES advised zero catch for 2026 and 2027. Stock biomass has been below Blim for most of the last 15 years. As a result, since 2021, the Council has decided to close the targeted fishery and to adopt remedial measures functionally linked to the fishing opportunities (a spawning closure period and a ban of recreational fisheries). These remedial measures have not yet had the time to improve the stock status so the proposal aims to maintain them, in accordance with Article 3(1) of the MAP and Article 16(4) of the CFP Regulation, in conjunction with Article 2(1) and Article 2(5), points (c) and (f) of that Regulation. Regarding the TAC level, ICES has so far not been in a position to quantify the level of western Baltic cod by-catches in other fisheries, but confirms the presence of western Baltic cod by-catches in all other fisheries. Without a by-catch allocation of western Baltic cod, all fisheries in the western Baltic cod management area would have to be closed. In order to avoid the potentially severe socio-economic consequences of a total closure and in the absence of additional information, the Commission proposes to set the by-catch TAC for western Baltic cod at a level whose quota shares cover the reported landings of each Member State concerned in the western Baltic cod management area in 2025, which is 31 tonnes. This should ensure that the fishing pressure on this stock will not increase. Moreover, cod is an unavoidable by-catch in demersal flatfish fisheries and more selective fishing gears, which are expected to substantially reduce cod by-catches, became mandatory in April 2025 in the management area of western Baltic cod.
Regarding plaice, since 2025, ICES has issued one piece of MSY advice covering ICES subdivisions 21 to 32. According to this advice, although stock biomass is historically high, the condition of individual fish has substantially deteriorated over the last six years. ICES advises that catches could increase by +2% for 2027 compared to the TAC set for 2026. However, given the poor condition of individual fish, the Commission proposes to keep the TAC level unchanged in accordance with Article 4(3) of the MAP.
Regarding western Baltic herring, ICES advises zero catch for the ninth consecutive year. ICES has fixed the reference points at a higher level and has also increased its estimate of the stock size which remains at only 56% of Blim in 2026. ICES also continues to estimate that biomass will remain below Blim at least until 2028, even with no fishing at all. Recruitment has been at historically low levels for about 10 years. Since 2021, the Council has decided to close the targeted fishery except for scientific fisheries and small-scale coastal fisheries, and to set a TAC for unavoidable by-catches to avoid choking other fisheries. These remedial measures have not yet had the time to improve the stock status. The Commission therefore proposes, in accordance with Article 4(6) and Article 5(2) of the MAP, to keep the targeted fishery closed and to discontinue the exemption for small-scale coastal fisheries. Regarding the TAC level, ICES has so far not been in a position to quantify the level of western Baltic herring by-catches in other fisheries, but confirms the presence of such by-catches in targeted sprat fisheries. In order to avoid the potentially severe socio-economic consequences resulting from the closure of the targeted sprat fisheries in the western Baltic herring management area and in the absence of additional information, the Commission proposes in accordance with Article 2(1) and Article 2(5), points (c) and (f) of Regulation (EU) No 1380/2013, to set the by-catch TAC for western Baltic herring at 437 tonnes which corresponds to the total reported landings in 2025.
Regarding central Baltic herring, ICES conducted a benchmarking study in 2023 and estimates that the biomass has been below Blim for most of the past 30 years, before increasing as of 2022 and then passing above Blim in 2024. It is currently expected to be above MSY Btrigger in 2027. Due to the increased biomass, the advice for catches at the FMSY point value translates into a TAC which is 153% higher than the TAC set for 2026. However, the stock is still below MSY Btrigger and past experience with uncertainty around recruitment estimates calls for caution. To strike the right balance between rebuilding stocks and providing fishing opportunities, the Commission proposes to keep the fishing mortality rate stable and thus to set the TAC at 143 860 tonnes (+49%) in accordance with Article 4(4) of the MAP, while also maintaining the three-month spawning closure.
Regarding herring in the Gulf of Riga, ICES estimates that biomass is higher than estimated previously. Although biomass is expected to decrease slightly, it remains far above MSY Btrigger and at a historically high level. The Commission therefore proposes to set the TAC at the FMSY point value in accordance with Article 4(3) of the MAP.
Regarding Bothnian herring, ICES estimates that biomass is higher than estimated previously but that it will continue decreasing and hence remain below MSY Btrigger. The advice for catches at the FMSY point value translates into a +62% increase compared to the TAC set for 2026. However, such an increase would result in a decrease in biomass. For biomass to increase, the TAC level must be lower than 68 736 tonnes. In addition, ICES estimates that with no fishing at all the probability of the stock recovering in 2028 to a level above MSY Btrigger is 65%. To strike the right balance between rebuilding stocks and providing fishing opportunities, the Commission proposes to keep the fishing mortality rate stable and thus to set the TAC at 57 308 tonnes (+3%) in accordance with Article 4(4) and Article 5(1) of the MAP, while maintaining as a remedial measure the three-month spawning closure.
Regarding sprat, ICES estimates that, after a worrying decrease in biomass up to 2025 caused by record low recruitment in 2021-2023, biomass has since almost doubled following very high recruitment in 2024 and 2025. Biomass in 2026 is predicted to be again far above MSY Btrigger and to continue increasing in 2027. The Commission therefore proposes to set the TAC at the FMSY point value in accordance with Article 4(3) of the MAP, and to discontinue the spawning closure.
Regarding salmon, since at least the 1990s, ICES found that the status of river stocks in the Baltic Sea area to be variable, with some salmon river stocks being in a good condition but others not. Since 2022, ICES has also advised stopping all commercial and recreational salmon catches in the main basin since salmon is caught in inherently mixed fisheries where all river stocks are caught together. At the same time, ICES has considered that the existing targeted fishery can continue in some northern coastal areas during the salmon summer migration season. Therefore, since 2021, the Council has decided to close the targeted salmon fishery in the main basin and to set a by-catch TAC for unavoidable by-catches, with an exemption for scientific fisheries, while keeping the targeted salmon fishery open during the summer period in the relevant northern coastal areas. Since 2021, the Council has also adopted remedial measures functionally linked to the fishing opportunities (ban on using longlines and on fish for sea trout outside coastal areas; daily bag limit of one fin-clipped salmon per angler in most areas). As ICES did not issue new advice for 2027, its advice for 2026 remains the best available scientific advice. The Commission therefore proposes, in accordance with Article 16(4) of the CFP Regulation and in conjunction with Article 2(1) and Article 2(5), points (c) and (f), of that Regulation, to maintain the TAC level in 2027. It also proposes maintaining the accompanying measures adopted for 2026 while discontinuing the possibility of recreational salmon fisheries except in the coastal areas of ICES subdivisions 29 North to 31, where it is allowed during the same periods as commercial fishing is allowed.
Regarding salmon in the Gulf of Finland, ICES did also not issue new advice so last year’s advice remains valid. The Commission therefore proposes, in accordance with Article 16(4) of the CFP Regulation, to maintain the TAC level in 2027 as well as the inter-area flexibility adopted for 2026.
Council Regulation (EC) No 847/96 lays down further conditions for year-to-year management of TACs including, under Articles 3 and 4, flexibility provisions for stocks subject to precautionary and analytical TACs, respectively. Article 2 states that, when fixing the TACs, the Council must decide to which stocks Articles 3 and 4 should not apply, in particular based on the biological status of the stocks. Last year the Commission proposed to be more restrictive but the Council rejected this. The Commission therefore proposes to maintain the current practice and to exclude year-to-year flexibility pursuant to Articles 3 and 4 of Regulation (EC) No 847/96 for stocks with a biomass below Blim and for stocks for which ICES recommends either zero catches or suspending the targeted fishery. Article 15(9) of the CFP Regulation also establishes a year-to-year flexibility mechanism for all stocks that are subject to the landing obligation. In order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of marine biological resources and make it difficult to achieve the CFP objectives, the Commission also proposes that Articles 3 and 4 of Regulation (EC) No 847/96 only apply if Member States do not use the year-to-year flexibility provided for in Article 15(9) of the CFP Regulation. Furthermore, year-to-year flexibility for quotas under Article 15(9) of the CFP Regulation should also be excluded if this would undermine the achievement of the CFP objectives, in particular for stocks with a biomass below Blim and for stocks for which only by-catch or scientific fisheries are permitted.
The Commission also proposes to amend Council Regulation (EU) 2026/249 to set a TAC for Norway pout, for which the fishing year starts on 1 November 2026. The TAC level is marked as ‘pm’ (pro memoria), pending the publication of the ICES advice expected on 9 October 2026 and the outcome of the consultations with the United Kingdom.
2026/0240 (NLE)
Proposal for a
COUNCIL REGULATION
fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2027 and amending Regulation (EU) 2026/249 as regards certain fishing opportunities in other waters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The Council is to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to the fishing opportunities. Under Article 16(4) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, 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. Under Article 16(1) of Regulation (EU) No 1380/2013, fishing opportunities are to be allocated between Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each stock or fishery.
(2)The total allowable catches (TACs) should therefore be established, in accordance with Article 3 of Regulation (EU) No 1380/2013, on the basis of the best available scientific advice, taking into account biological and socio-economic aspects while also ensuring fair treatment between fishing sectors, and in the light of opinions expressed during consultation of stakeholders.
(3)Regulation (EU) 2016/1139 of the European Parliament and of the Council establishes a multiannual plan for the stocks of cod (Gadus morhua), herring (Clupea harengus) and sprat (Sprattus sprattus) in the Baltic Sea and for the fisheries exploiting those stocks. In accordance with Article 3(1) of that Regulation, that plan aims to contribute to the achievement of the objectives of the CFP. The plan also aims to ensure that the exploitation of marine biological resources restores and maintains populations of harvested species above levels that can produce the maximum sustainable yield (MSY). The plan also aims to contribute to ensuring that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a way that is consistent with the objectives of achieving economic, social, and employment benefits, and contributes to the availability of food supplies. These objectives, as further specified in Article 2(5), points (c) and (f), of Regulation (EU) No 1380/2013, include providing conditions for a viable and competitive fishing, capture and processing industry and land-based fishing related activities. Furthermore, they aim to ensure a fair standard of living for those dependent on fishing activities, particularly considering coastal fisheries and socio-economic aspects.
(4)On 29 May 2026, the International Council for the Exploration of the Sea (ICES) published its annual stock advice for Baltic stocks for 2027. For the salmon management areas, ICES re-issued its advice previously given for 2026. According to ICES, most of the fisheries in the Baltic Sea have at least some degree of mixing between stocks. That mixing concerns both stocks managed by a TAC, and stocks not managed by a TAC. The most important degree of mixing occurs among pelagic species and demersal species.
(5)For 2027, ICES advises zero catches of western Baltic herring, eastern and western Baltic cod, and of Atlantic salmon (Salmo salar) in ICES subdivisions 22 to 31 (‘main basin salmon’). Cod is by-caught in all fisheries, western herring is by-caught in the directed sprat fisheries, and main basin salmon is by-caught in various fisheries. Therefore, if the TACs for those stocks were established at the levels advised by ICES, the obligation to land all catches of those stocks, including their by-catches in mixed fisheries, would lead to the phenomenon of choke species. ‘Choke species’ are 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. A choke situation would particularly affect vessels fishing for flatfish and pelagic species, potentially forcing them to cease fishing operations in 2027 and leading to a premature closure of those fisheries. Based on the data from the European Market Observatory for Fisheries and Aquaculture Products, the first-sale value of the plaice (Pleuronectes platessa), sprat and relevant herring fisheries that are allowed to be caught within the limits of the TACs and expected to be caught in the relevant respective fishing area is estimated at EUR 29 200 000, EUR 128 300 000 and EUR 94 700 000, respectively. Many fisheries, in particular small-scale coastal fisheries for species not managed by a TAC, would also need to cease fishing operations in 2027. In order to strike a balance between maintaining fisheries, in view of the potentially severe socio-economic implications of failing to do so and of the need to achieve a good biological status for those stocks, and taking account of the difficulty of fishing all stocks in a mixed fishery at MSY, it is appropriate to maintain TACs exclusively for unavoidable by-catches for western Baltic herring, eastern and western Baltic cod, and main basin salmon.
(6)As regards the eastern Baltic cod stock, ICES has advised zero catches for that stock since 2019. This year ICES downgraded its previously analytical assessment to a survey base index. Due to insufficient data, ICES is unable to estimate conservation reference points and ICES cannot identify any level of catch that would recover the stock. ICES therefore maintains its advice for zero catches for 2027 and 2028. In accordance with Article 3(1) of Regulation (EU) 2016/1139 and Article 16(4) of Regulation (EU) No 1380/2013, it is therefore appropriate to suspend the directed fishery, and to adopt functionally linked remedial measures. In accordance with Article 2(1) and Article 2(5), points (c) and (f) of Regulation (EU) No 1380/2013, the fishing opportunities for unavoidable by-catches should be set at a low level in order to avoid the potentially severe socio-economic implications that would result from setting the fishing opportunities at zero.
(7)As regards the western Baltic cod stock, after advising a low level of catches for several years, ICES advised in 2025 zero catches for 2026 and 2027 because the stock’s biomass was estimated to be below the conservation reference point (Blim), below which there may be reduced reproductive capacity in 2025 and not to recover above Blim in 2027. In accordance with Article 3(1) of Regulation (EU) 2016/1139 and Article 16(4) of Regulation (EU) No 1380/2013, it is therefore appropriate to suspend the directed fishery and adopt functionally linked remedial measures. In accordance with Article 2(1) and Article 2(5), points (c) and (f) of Regulation (EU) No 1380/2013, the fishing opportunities for unavoidable by-catches should be set at a low level to avoid the socio-economic consequences that would result from setting the fishing opportunities at zero.
(8)As regards main basin salmon, ICES did not issue new advice for 2027. Hence the advice given for 2026 is the best available scientific advice. In its advice for 2026 ICES maintained its zero-catch advice, while considering the possibility of continued directed commercial and recreational coastal summer fisheries in the area north of latitude 59° 30′ N (ICES subdivisions 29 North to 31). ICES also reduced its catch advice further compared to 2025 because of additional uncertainties about the abundance of salmon in the most important salmon river in the main basin. In addition, ICES stated in its advice for 2026 that there is post-release mortality of wild salmon in recreational fisheries for adipose fin-clipped salmon. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, it is therefore appropriate to set the level of fishing opportunities and the fishing area and period in line with the ICES advice, and to adopt three functionally linked remedial measures, namely to prohibit i) the use of longlines, ii) to fish for sea trout outside coastal areas and iii) recreational fisheries except when and where targeted commercial fisheries are allowed.
(9)In order to ensure the full use of coastal fishing opportunities for salmon in ICES subdivision 32, it is appropriate to allow limited inter-area flexibility for salmon between ICES subdivisions 22 to 31 and ICES subdivision 32.
(10)In order to reduce the risk of salmon being misreported as sea trout in the salmon fisheries, it is appropriate to prohibit fishing for sea trout beyond four nautical miles measured from the baselines, and to limit by-catches of sea trout to 3% of the combined catch of sea trout and salmon.
(11)Measures on recreational fisheries of cod and main basin salmon and measures for the conservation of sea trout and salmon stocks should be without prejudice to more stringent national measures adopted in accordance with Articles 19 and 20 of Regulation (EU) No 1380/2013.
(12)As regards western Baltic herring, for the ninth consecutive year, ICES advises zero catches for that stock for 2027 and 2028. ICES modified the reference points and increased its biomass estimate which however is estimated to be only 56% of Blim in 2026. Furthermore, recruitment remains relatively low and the biomass is not expected to recover to above Blim in 2028. In accordance with Article 4(6) and Article 5(2) of Regulation (EU) 2016/1139, it is therefore appropriate to suspend the targeted fisheries and to discontinue the exemption for small-scale fishers. In accordance with Article 2(1) and Article 2(5), points (c) and (f) of Regulation (EU) No 1380/2013, the fishing opportunities for unavoidable by-catches should be set at a low level in order to avoid the socio-economic consequences that would result from setting the fishing opportunities at zero.
(13)As regards central Baltic herring, ICES estimates that the stock has been below Blim for most of the last 30 years. ICES estimates that, due to increased weight-at-age and stronger recruitment in recent years, the stock has been above Blim since 2024 and is expected to be above MSY Btrigger in 2027. However, the stock is currently still below the conservation reference point (MSY Btrigger), below which appropriate remedial measures are to be taken to ensure the rapid return of the stock to levels above those capable of producing MSY. In accordance with Article 4(4) of Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly and to maintain the three-month spawning closure period as a functionally linked remedial measure.
(14)As regards herring in the Gulf of Riga and plaice, ICES estimates that the biomass is above MSY Btrigger and the fishing pressure below FMSY. In accordance with Article 4(3) of Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly.
(15)As regards herring in the Gulf of Bothnia, ICES increased its estimate of the biomass which however is expected to continue to decrease and to remain below MSY Btrigger. ICES continues to mention uncertainties in the estimation of the young age groups. Moreover, there is no TAC in the range of FMSY which will lead to an increase of the biomass in 2028. Furthermore, ICES notes that the stock is likely vulnerable to loss of genetic diversity. In accordance with Article 4(4) and Article 5(1) of Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly and to maintain the three-month spawning closure period as a functionally linked remedial measure.
(16)As regards sprat, due to historically low recruitment from 2021 to 2023, the biomass in 2025 was at its lowest level since 1990, and close to MSY Btrigger. However, recruitment in 2024 was very high and ICES estimates that the biomass has almost doubled. Recruitment in 2025 is also estimated to be high. In accordance with Article 4(3) of Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly and to discontinue the three-month spawning closure period.
(17)The use of the fishing opportunities set out in this Regulation will be monitored and controlled in accordance with Council Regulation (EC) No 1224/2009, in particular Articles 33 and 34 thereof, concerning the recording of catches and fishing effort, and the notification of data on the exhaustion of fishing opportunities to the Commission. It is therefore necessary to specify the codes used by Member States when sending data to the Commission on landings of stocks covered by this Regulation.
(18)Articles 3 and 4 of Council Regulation (EC) No 847/96 provide for year-to-year flexibility for quotas for stocks subject to both precautionary and analytical TACs. Under Article 2 of that Regulation, when fixing the TACs, the Council is to decide the stocks to which Articles 3 and 4 are not to apply, in particular on the basis of their biological status. Moreover, Article 15(9) of Regulation (EU) No 1380/2013 provides for further year-to-year flexibility for all stocks that are subject to the landing obligation. In order to avoid excessive flexibility that would undermine the achievement of the objectives of the CFP, year-to-year flexibility for quotas under Articles 3 and 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013 should not apply cumulatively. Year‑to‑year flexibility under Article 15(9) of Regulation (EU) No 1380/2013 should, where relevant, be excluded on the basis of the biological status of stocks.
(19)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 and scientific fisheries should be permitted in 2027. Therefore, and given the relatively low resilience of the Baltic Sea ecosystem, the Member States that have a quota share of the respective TACs have undertaken not to apply the year-to-year flexibility under Article 15(9) of Regulation (EU) No 1380/2013 to those stocks for transferring unused quantities from 2026 to 2027 (‘banking’) and using quantities available for 2028 (‘borrowing’), so that catches in 2027 do not exceed the respective TACs. Furthermore, south of latitude 59° 30′ N, the biomass of almost all main basin salmon river stocks is below the limit reference point for smolt production (Rlim) and only by-catch and scientific fisheries are permitted in 2027. The relevant Member States have therefore made a similar commitment regarding year-to-year flexibility in relation to main basin salmon catches for banking from 2026 to 2027 and for borrowing from 2028.
(20)[placeholder for Norway pout: Council Regulation (EU) 2026/249 sets the TAC for Norway pout (Trisopterus esmarkii) in ICES division 3a (Skagerrak-Kattegat), United Kingdom and Union waters of ICES subarea 4 and United Kingdom waters of ICES division 2a (North Sea). The Union and the United Kingdom held bilateral consultations on xx October 2026 on the TAC for Norway pout in those zones for the period from 1 November 2026 until 31 October 2027. Those consultations were held under 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. The Union participated in those consultations on the basis of specifications to the Union position endorsed by the Council on xx October 2026, under Article 2 of Council Decision (EU) 2021/1875. The Union and the United Kingdom agreed on a TAC based on the ICES advice for Norway pout in ICES subarea 4 and division 3a for that period, which advice was published on 9 October 2026. The outcome of the consultation was documented in the Written Record, which was signed by the Heads of Delegation of the Union and the United Kingdom on xx October 2026. The TAC for the period from 1 November 2026 to 31 October 2027 should be fixed at the level set out in that Written Record.]
(21)[placeholder for other possible modifications to Council Regulation (EU) 2026/249].
(22)Regulation (EU) 2026/249 should therefore be amended accordingly.
(23)To avoid the interruption of fishing activities and safeguard the livelihood of fishers, the provisions of this Regulation relating to the Baltic Sea should apply from 1 January 2027. The provisions amending Regulation (EU) 2026/249 relating to Norway pout in the Skagerrak-Kattegat and in the North Sea should apply retroactively from 1 November 2026 until 31 October 2027, because that is the fishing season for Norway pout. [placeholder for possible other modifications.] Such retroactive application does not affect the principles of legal certainty and the protection of legitimate expectations, as the quotas under those TACs have not yet been exhausted or are increased. For reasons of urgency, this Regulation should enter into force immediately after its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2027.
Article 2
Scope
1.
This Regulation applies to Union fishing vessels operating in the Baltic Sea.
2.
This Regulation also applies to recreational fisheries in the Baltic Sea, where they are expressly referred to in the relevant provisions.
Article 3
Definitions
For the purposes of this Regulation, the definitions laid down in Article 4 of Regulation (EU) No 1380/2013 apply.
In addition, the following definitions apply:
(1)‘subdivision’ means an International Council for the Exploration of the Sea (ICES) subdivision of the Baltic Sea as defined in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council;
(2)‘total allowable catch (TAC)’ means:
(a)in fisheries subject to the exemption from the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that may be landed from each stock each year;
(b)in all other fisheries, the quantity of fish that may be caught from each stock each year;
(3)‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;
(4)‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport;
(5)‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, including based on proxies, which scientific review has indicated to be of sufficient quality to provide scientific advice;
(6)‘analytical TAC’ means a TAC for which an analytical assessment is available;
(7)‘precautionary TAC’ means a TAC for which an analytical assessment is not available and for which either an assessment based on the precautionary approach is available or no assessment is available.
CHAPTER II
FISHING OPPORTUNITIES
Article 4
TACs and allocations
The TACs, quotas and, where appropriate, measures functionally linked thereto are set out in the Annex.
Article 5
Special provisions on allocation of fishing opportunities
1.The allocation of fishing opportunities among Member States set out in this Regulation shall be without prejudice to:
(a)exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(b)deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(c)additional landings allowed under Article 3 of Regulation (EC) No 847/96 and under Article 15(9) of Regulation (EU) No 1380/2013;
(d)quantities withheld in compliance with Article 4 of Regulation (EC) No 847/96 and transferred under Article 15(9) of Regulation (EU) No 1380/2013;
(e)deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.
2.Stocks subject to precautionary or analytical TACs for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96 are identified in the Annex to this Regulation.
3.Except where otherwise specified in the Annex to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC, and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.
4.Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.
Article 6
Conditions for landing of catches and by-catches
The stocks of non-target species within safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 to which the derogation from the obligation to count catches against the relevant quotas applies are identified in the relevant TAC tables in the Annex to this Regulation.
Article 7
Closures to protect cod spawning
1.It shall be prohibited to fish with any type of fishing gear in subdivisions 25 and 26 from 1 May to 31 August.
2.The prohibition laid down in paragraph 1 shall not apply in the following cases:
(a)fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council;
(b)Union fishing vessels of less than 12 metres in length overall that fish with gillnets, entangling nets or trammel nets, with bottom set lines, longlines, drifting lines, handlines and jigging equipment or similar passive gear, in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities;
(c)without prejudice to the closure periods set out in Article 8(1)(a) and Article 9(1), Union fishing vessels that fish in subdivision 25 for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, in areas where the water depth is less than 50 metres according to the coordinates on the official sea chart issued by the competent national authorities, and whose landings are sorted.
3.It shall be prohibited to fish with any type of fishing gear in subdivisions 22 and 23 from 15 January to 31 March and in subdivision 24 from 15 May to 15 August.
4.The prohibition laid down in paragraph 3 shall not apply in the following cases:
(a)fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241;
(b)Union fishing vessels of less than 12 metres in length overall that fish with gillnets, entangling nets or trammel nets, with bottom set lines, longlines, drifting lines, handlines and jigging equipment or similar passive gear, in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities;
(c)Union fishing vessels that fish in subdivision 24 for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, in areas where the water depth is less than 40 metres according to the coordinates on the official sea chart issued by the competent national authorities, and whose landings are sorted;
(d)Union fishing vessels that fish with dredges for bivalve molluscs in subdivision 22, in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities.
5.Masters of Union fishing vessels referred to in paragraph 2, point (b) or (c), and paragraph 4, point (b), (c) or (d), shall ensure that their fishing activities can be monitored at any time by the control authorities of the relevant Member State.
Article 8
Closures to protect herring spawning in subdivisions 25, 26, 27, 28.2, 29, 30, 31 and 32
1.It shall be prohibited to fish for pelagic species using pelagic trawl in coastal areas up to four nautical miles measured from the baselines, where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authority during the following periods and in respect to the following subdivisions:
(a)from 16 March to 15 June in subdivisions 25 and 26;
(b)from 1 April to 30 June in subdivisions 27 and 28.2;
(c)from 1 May to 31 July in subdivisions 29 to 32.
2.The prohibition laid down in paragraph 1 shall not apply for fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.
Article 9
Measures on recreational fisheries of cod in subdivisions 22 to 32
1.Recreational fisheries of cod shall be prohibited in subdivisions 22 to 32. Any specimen of cod caught accidentally shall be immediately released back into the sea.
2.Notwithstanding paragraph 1, incidental by-catches of cod in recreational fisheries for other species in subdivisions 27 to 32 may be retained.
Article 10
Measures on recreational fisheries of salmon in subdivisions 22 to 31
1.Recreational fisheries of salmon shall be prohibited in subdivisions 22 to 31. Any specimen of salmon caught accidentally shall be immediately released back into the sea.
2.By way of derogation from paragraph 1, recreational fisheries of salmon shall be allowed north of latitude 59° 30′ N in areas within four nautical miles measured from the baselines from 1 May to 31 August.
3.This Article is without prejudice to more stringent national measures under Articles 19 and 20 of Regulation (EU) No 1380/2013.
Article 11
Measures for the conservation of the sea trout and salmon stocks in subdivisions 22 to 32
1.Union fishing vessels shall not fish for sea trout beyond four nautical miles measured from the baselines in subdivisions 22 to 32. When fishing for salmon beyond four nautical miles measured from the baselines in subdivision 32, by-catches of sea trout shall not exceed 3% of the total catch of salmon and sea trout on board at any moment or landed after each fishing trip.
2.Fishing with longlines for sea trout or salmon beyond four nautical miles measured from the baselines in subdivisions 22 to 31 shall be prohibited.
3.This Article is without prejudice to more stringent national measures under Articles 19 and 20 of Regulation (EU) No 1380/2013.
Article 12
Data transmission
When Member States send data on quantities of stocks caught or landed to the Commission pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in the Annex to this Regulation.
CHAPTER III
FINAL PROVISIONS
Article 13
Amendment of Regulation (EU) 2026/249
Regulation (EU) 2026/249 is amended as follows:
(1)In Annex IA, Part B, Table 122 is replaced by the following:
‘
Table 122
|
Species:
|
Norway pout and associated by-catches
|
Zone:
|
3a; United Kingdom and Union waters of 4; United Kingdom waters of 2a
|
|
|
Trisopterus esmarkii
|
|
|
(NOP/2A3A4.)
|
|
|
|
Year
|
2026
|
|
2027
|
|
|
Analytical TAC
|
|
|
Denmark
|
282,738
|
(1)(2)
|
pro memoria (pm)
|
(4)
|
|
Article 3(2) and (3) of Regulation (EC) No 847/96 does not apply
|
|
Germany
|
0,054
|
(1)(2)(3)
|
pm
|
(4)
|
|
Article 4 of Regulation (EC) No 847/96 does not apply
|
|
Netherlands
|
0,208
|
(1)(2)(3)
|
pm
|
(4)
|
|
|
|
|
|
|
Union
|
283,000
|
(1)(2)(3)
|
pm
|
(4)
|
|
|
|
|
|
|
United Kingdom
|
100,000
|
(1)
|
pm
|
(4)
|
|
|
|
|
|
|
TAC
|
400
|
(1)
|
pm
|
(4)
|
|
|
|
|
|
|
(1)
|
May only be fished from 1 November 2025 to 31 October 2026.
|
|
(2)
|
Exclusively for by-catches. No direct fisheries for Norway pout are permitted under this quota.
|
|
|
|
|
|
(3)
|
By-catch quota may be fished in United Kingdom and Union waters of ICES zones 2a, 3a and 4 only.
|
|
|
|
|
|
(4)
|
May only be fished from 1 November 2026 to 31 October 2027.
|
|
|
|
|
|
‘
(2)[placeholder for other modifications to Council Regulation (EU) 2026/249].
Article 14
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January to 31 December 2027.
By way of derogation from the second paragraph:
(a)Article 13, point (1), shall apply from 1 November 2026 until 31 October 2027;
(b)[placeholder for other modifications to Council Regulation (EU) 2026/249].
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President