Regulation (EU) 2025/2077 of the European Parliament and of the Council of 8 October 2025 amending Regulation (EU) No 1026/2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and Article 207 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) In line with the United Nations Convention on the Law of the Sea of 10 December 1982 (3) (‘UNCLOS’) and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (4) (‘UNFSA’), the management of certain straddling and highly migratory fish stocks requires the cooperation of all the countries whose fleets exploit that stock. Such cooperation could be established within the framework of regional fisheries management organisations (RFMOs) or by means of ad hoc arrangements among the countries having an interest in the fishery concerned.

(2) Regulation (EU) No 1026/2012 of the European Parliament and of the Council (5) establishes a framework to allow for the identification and the adoption of measures with regard to third countries which fail to cooperate and allow non-sustainable fishing of a stock of common interest for the Union.

(3) In accordance with Regulation (EU) No 1026/2012, it is possible for a country to be identified as allowing non-sustainable fishing if, inter alia, it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the UNCLOS and the UNFSA, or any other international agreement or rule of international law, and if it fails to adopt necessary fishery management measures.

(4) A definition of ‘failure to cooperate’ should be introduced in order to better define, for the purposes of Regulation (EU) No 1026/2012, the scope and meaning of the requirement to cooperate pursuant to the UNCLOS and the UNFSA.

(5) The ‘best available scientific advice’ should be understood to refer to publicly available scientific advice that is supported by the most up-to-date scientific data and methods and that has been either issued or reviewed by an independent scientific body that is recognised at Union or international level.

(6) It is also necessary to clarify that it should be possible for a country to be considered as allowing non-sustainable fishing if it does not implement or enforce the necessary fishery management measures, and that such measures include control measures, including within the framework of RFMOs.

(7) It is also appropriate to reinforce the procedures prior and subsequent to the adoption of measures in respect of countries allowing non-sustainable fishing, including within the framework of RFMOs.

(8) In order to assess the appropriate measures to be taken with regard to a country allowing non-sustainable fishing, it is necessary to provide for an accurate understanding of the trade relations of the Union with the country under evaluation, including by assessing historical data for imported products that reflect the real import patterns in relation to that country.

(9) Regulation (EU) No 1026/2012 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 1026/2012 is amended as follows:

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 8 October 2025.

For the European Parliament The President R. METSOLA

For the Council The President M. BJERRE

(1) OJ C, C/2025/1191, 21.3.2025, ELI: http://data.europa.eu/eli/C/2025/1191/oj.

(2) Position of the European Parliament of 9 July 2025 (not yet published in the Official Journal) and decision of the Council of 22 September 2025.

(3) United Nations Convention on the Law of the Sea (OJ L 179, 23.6.1998, p. 3, ELI: http://data.europa.eu/eli/convention/1998/392/oj).

(4) Agreement for the implementing of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 17, ELI: http://data.europa.eu/eli/agree_internation/1998/414/oj).

(5) Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (OJ L 316, 14.11.2012, p. 34, ELI: http://data.europa.eu/eli/reg/2012/1026/oj).