Council Regulation (EU) 2025/2454 of 1 December 2025 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2026 and amending Regulation (EU) 2025/202 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 (1), 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 (2) 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 28 May 2025, the International Council for the Exploration of the Sea (ICES) published its annual stock advice for Baltic stocks for 2026. For eastern Baltic cod, ICES simply re-issued its advice previously given for 2025. 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 2026, 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 2026 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 25 300 000, EUR 55 700 000 and EUR 43 400 000, respectively. Many fisheries, in particular small-scale coastal fisheries for species not managed by a TAC, would also need to cease fishing operations in 2026. 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 the 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. Because the stock remains in the same critical state, ICES re-issued for 2026 its advice previously given for 2025, in which ICES was confident about the stock’s biomass trends and that the biomass was well below the conservation reference point (Blim), below which there might be reduced reproductive capacity. 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 advises zero catches for 2026 because the stock’s biomass is estimated to be below Blim 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 has maintained its zero-catch advice, while considering for 2026 the possibility of continued directed commercial and recreational coastal summer fisheries in the area north of latitude 59o 30′ N (ICES subdivisions 29 North to 31). ICES also reduced its catch advice further compared to 2025 because of additional uncertainties about the main basin salmon abundance in the most important main basin salmon river. 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 maintain the functionally linked remedial measures.

(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 herring in the Gulf of Bothnia, ICES estimates that the biomass has continued to decrease and is now halfway between Blim and 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. ICES also mentions uncertainties in the estimation of the young age groups and of weight-at-age. Moreover, ICES continues to note that the proportion of older individuals in the population is unlikely to increase if the fishing opportunities were set at the FMSY point value. Furthermore, ICES notes that the stock is likely vulnerable to loss of genetic diversity. In accordance with Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly and to establish a three-month spawning closure period as a functionally linked remedial measure.

(13) As regards western Baltic herring, ICES advises zero catches for that stock for the eighth consecutive year. As was the case in 2024, ICES revised the estimates of the biomass downward for previous years and estimates the biomass to be only 52 % of Blim in 2025, even though it has continuously increased since 2021. Furthermore, recruitment remains at historically low levels and the biomass is not expected to recover to above Blim in 2027. 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.

(14) 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 2022, the stock has been above Blim since 2024, but is still far below MSY Btrigger. ICES estimates that recruitment in 2024 and 2025 could be strong, but underlines that these estimates are uncertain. The recruitment in 2023 is below average. Moreover, ICES recalls that continued species misreporting is increasing the uncertainty of the advice. In accordance with Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly and to establish a three-month spawning closure period as a functionally linked remedial measure.

(15) 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 Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly.

(16) As regards sprat, ICES estimates that, while the biomass is still above MSY Btrigger, the biomass has continued to decrease due to confirmed historically low recruitment from 2021 to 2023. The biomass in 2025 is estimated to be at its lowest level since 1990, and close to MSY Btrigger. ICES estimates that recruitment in 2024 could have been exceptionally high, but underlines that the estimate is uncertain and that the probability for the biomass to be below the conservation reference points might be underestimated. Furthermore, ICES recalls that continued species misreporting is increasing the uncertainty of the advice. In accordance with Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly and to maintain the existing 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 (3), 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 (4) 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 2026. 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 in 2026, so that catches in 2026 do not exceed the respective TACs. Furthermore, south of latitude 59o 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 2026. The relevant Member States have therefore made a similar commitment regarding year-to-year flexibility in relation to main basin salmon catches in 2026.

(20) Council Regulation (EU) 2025/202 (5) 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 20 October 2025 on the TAC for Norway pout in those zones for the period from 1 November 2025 until 31 October 2026. 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 (6). The Union participated in those consultations on the basis of specifications to the Union position endorsed by the Council on 14 October 2025, under Article 2 of Council Decision (EU) 2021/1875 (7). 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 10 October 2025. 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 24 October 2025. The TAC for the period from 1 November 2025 to 31 October 2026 should be fixed at the level set out in that Written Record.

(21) Regulation (EU) 2025/202 sets the total allowable catch (TAC) for albacore (Thunnus alalunga) in the Mediterranean Sea for 2025. On 29 September 2025, Türkiye agreed to transfer to the Union 50 kg of its quota for albacore in the Mediterranean Sea for 2025, in accordance with the applicable rules adopted by the International Commission for the Conservation of Atlantic Tunas as regards transfers. That transfer should be implemented in Union law.

(22) Regulation (EU) 2025/202 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 2026. The provisions amending Regulation (EU) 2025/202 relating to Norway pout in the Skagerrak-Kattegat and in the North Sea should apply retroactively from 1 November 2025 until 31 October 2026, because that is the fishing season for Norway pout. The provisions amending Regulation (EU) 2025/202 relating to Mediterranean albacore should apply retroactively from 1 January 2025, in order to maintain the reporting period for the TAC, which applied from 1 January 2025. 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 2026.

Article 2

Scope

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 (8);

(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.