Fishing opportunities in EU and non-EU waters (2023)

SUMMARY OF:

Regulation (EU) 2023/194 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in EU waters and, for EU fishing vessels, in certain non-EU waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks

WHAT IS THE AIM OF THE REGULATION?

It sets out the 2023 fishing opportunities for certain fish stocks, applicable in European Union (EU) waters and, for EU fishing vessels, in certain non-EU waters.
It sets out for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks.

KEY POINTS

The fishing opportunities covered by the regulation include:

catch limits for 2023 and, where specified in the regulation, for 2024;
fishing effort limits for 2023, except the fishing effort limits set out in the regulation’s Annex II (which apply from 1 February 2023 to 31 January 2024);
fishing opportunities for the period from 1 December 2022 to 30 November 2023 for certain stocks in the area covered by the Convention on the Conservation of Antarctic Marine Living Resources.

Scope

The regulation applies to:

EU fishing vessels and non-EU vessels fishing in EU waters;
recreational fisheries*, where these are expressly referred to in the regulation;
commercial fisheries from shore.

In addition to the fishing opportunities that the EU sets autonomously, the regulation covers fishing opportunities resulting from multilateral fisheries arrangements or bilateral arrangements with non-EU countries, namely fishing opportunities for:

shared fish stocks that are:
- to be jointly managed with the United Kingdom in the North Sea and the North-Western Waters,
- to be jointly managed with Norway and the United Kingdom in the North Sea and the Skagerrak, or
- subject to North-East Atlantic Fisheries Commission (NEAFC) coastal states consultations;
fishing opportunities resulting from agreements with regional fisheries management organisations;
certain fishing opportunities in waters of non-EU countries.

Total allowable catches for EU vessels in EU waters

The Council of the European Union is responsible for setting total allowable catches (TACs), based on proposals of the European Commission.
TACs set out the maximum quantity of a certain species that can be caught during the year in a certain area.
The limits set follow the principle of sustainable exploitation of fish stocks in line with maximum sustainable yield* and the management rules set out in the EU multiannual management plans.
The EU quota corresponding to the TAC is divided into EU Member States’ quotas – proportions of the EU quota assigned to Member States.

Total allowable catches for shared fish stocks

For shared fish stocks, the regulation in most cases sets definitive TACs and in some cases sets provisional TACs, pending the conclusion of consultations.

On 16 December 2022, the EU and the United Kingdom agreed to set a large number of TACs for 2023 following discussions in accordance with the Trade and Cooperation Agreement.
On 9 December 2022, the EU, the United Kingdom and Norway agreed on TACs for six shared and jointly managed stocks in the North Sea.
Provisional TACs are set for two stocks in the Skagerrak that are shared and jointly managed with Norway, pending the formal conclusion of bilateral consultations with Norway.
During its 2022 annual meeting, on 18 November 2022, the NEAFC agreed on fishing opportunities for Atlanto-Scandian herring and blue whiting. In addition, NEAFC coastal states consultations on fishing opportunities for mackerel were concluded on 6 December 2022 and the NEAFC subsequently agreed on such fishing opportunities on 5 January 2023.
TACs for shared stocks are divided into quotas – proportions of the TAC assigned to non-EU countries, to the EU and to the Member States.

If necessary, the TACs set by the regulation are amended during the year, to take into account the publication of scientific advice as well as the outcomes of consultations with non-EU countries and RFMOs meetings.

Landing obligation

All EU fishing fleets are required to follow the landing obligation, which prohibits the practice of discarding. The regulation:

states that all catches of regulated commercial species taken on board (including by-catch*) be landed and counted against each Member State’s respective quotas;
introduces a pool for quota exchanges for those Member States that have no quota to cover their unavoidable by-catches.

Moreover, the EU quotas take account of limited discards based on established exemptions; these quantities will not be landed and counted against quotas, and are therefore deducted from the EU quotas.

Remedial measures

The regulation lists the measures that are functionally linked to fishing opportunities and are to be applied in various fishing zones, along with remedial measures to ensure the rapid return of stocks to levels above the level capable of producing maximum sustainable yield, where relevant.

Prohibited species

The regulation lists the species and fishing zones where fishing vessels are prohibited from fishing, retaining on board, transhipping* or landing. That includes prohibitions for EU fishing vessels in EU and other waters, and prohibitions for non-EU vessels in EU waters.

Fishing authorisations

The maximum number of fishing authorisations for EU fishing vessels in non-EU waters is set out in Part A of Annex V to the regulation.

The maximum number of fishing authorisations for non-EU vessels in EU waters is set out in Part B of Annex V to the regulation.

Measures applicable to EU vessels in waters managed by regional fisheries management organisations

This part of the regulation is broken down by the regional fishing areas covered by their respective conventions. For each area, the regulation stipulates:

any limitations of fishing capacity of vessels that may exist;
the types of fishing activities that can be undertaken;
prohibitions on fishing for given species.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 1 January 2023.

BACKGROUND

EU fishing opportunities regulations must limit the harvesting of fish stocks to levels that are consistent with the objectives of the common fisheries policy. Regulation (EU) No 1380/2013 on the common fisheries policy (see summary) sets out the objectives for the annual proposals for catch and fishing effort limitations to ensure that EU fisheries are ecologically, economically and socially sustainable.

For further information, see:

Council approves fishing opportunities for 2023 – press release (Council of the European Union)
Sustainable fisheries (European Commission).

KEY TERMS

Recreational fisheries. Non-commercial fishing activities exploiting marine biological resources such as recreation, tourism or sport.

Maximum sustainable yield. The largest yield (catch) that can be taken from the stock of a species over an indefinite period without endangering its survival.

By-catch. Unwanted fish and marine species caught unintentionally.

Transhipping. The transfer of a catch from a smaller fishing boat to a larger one, which then incorporates it into a larger batch for shipment.

MAIN DOCUMENT

Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, pp. 1–219).

Successive amendments to Regulation (EU) 2023/194 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Council Decision (EU) 2021/1875 of 22 October 2021 concerning the position to be adopted on behalf of the Union in the annual consultations with the United Kingdom to agree on total allowable catches (OJ L 378, 26.10.2021, pp. 6–11).

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 (OJ L 149, 30.4.2021, pp. 10–2539).

See consolidated version.

Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, pp. 105–201).

See consolidated version.

Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, pp. 1–13).

See consolidated version.

Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, pp. 81–104).

Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009 (OJ L 252, 16.9.2016, pp. 1–52).

See consolidated version.

Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, pp. 1–15).

See consolidated version.

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, pp. 22–61).

See consolidated version.

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community 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, pp. 1–50).

See consolidated version.

last update 07.03.2023