Council Regulation (EU) 2026/249 of 26 January 2026 fixing for 2026, 2027 and 2028 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2025/202

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 those fishing opportunities, as appropriate. In accordance with 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 and rules of the common fisheries policy (CFP), as set out in Article 2(2) of that Regulation. Fishing opportunities are also to be fixed in accordance with requirements of Regulations (EU) 2018/973 (2) and (EU) 2019/472 (3) of the European Parliament and of the Council establishing multiannual plans (MAPs) for certain stocks fished in the North Sea and the Western Waters, and for fisheries exploiting those stocks. Pursuant to Article 16(1) of Regulation (EU) No 1380/2013, fishing opportunities allocated among the Member States are to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.

(2) The total allowable catches (TACs) should be established, in accordance with Article 3 of Regulation (EU) No 1380/2013, in accordance the best available scientific advice, based on a long-term perspective, taking into account regional specificities, and in the light of opinions expressed during the consultation of stakeholders.

(3) Pursuant to Article 15 of Regulation (EU) No 1380/2013, all stocks for which there are catch limits have been subject to the landing obligation since 1 January 2019, although certain exemptions apply. On the basis of joint recommendations by the Member States and in accordance with Article 15(3) of Regulation (EU) No 1380/2013, the Commission adopted Delegated Regulations (EU) 2023/2459 (4) and (EU) 2023/2623 (5) laying down details for the implementation of the landing obligation for certain fisheries.

(4) Fishing opportunities for stocks covered by the landing obligation should take account of the fact that discarding is in principle no longer allowed. Therefore, fishing opportunities should be based on the scientific advice figure for total catches as provided by the International Council for the Exploration of the Sea (ICES), where available. The quantities that, by way of exemption from the landing obligation, may continue to be discarded should be deducted from the advice figure for total catches. Moreover, fishing opportunities for stocks for which ICES provides only landings advice should be set on the basis of that advice.

(5) The MAPs established by Regulations (EU) 2018/973 and (EU) 2019/472 set out targets and measures for the long-term management of the stocks covered by those MAPs. Fishing opportunities for the stocks listed in Article 1(1) of Regulation (EU) 2018/973 and in Article 1(1) of Regulation (EU) 2019/472 (‘target stocks’) should be fixed in accordance with the range of fishing mortality values resulting in maximum sustainable yield (MSY) (‘ranges of FMSY’), or should be fixed at a lower level, and, where relevant, in accordance with the biomass safeguards provided for in those Regulations. The ranges of FMSY are set out in the relevant ICES advice. Fishing opportunities for target stocks for which ranges of FMSY cannot be determined, as well as for stocks referred to in Article 1(4) of Regulation (EU) 2018/973 and in Article 1(4) of Regulation (EU) 2019/472 (‘by-catch stocks’), should be fixed in accordance with the objectives set out in Article 2(2) of Regulation (EU) No 1380/2013 or, where no adequate scientific information is available, in accordance with the precautionary approach to fisheries management, as defined in Article 4(1), point (8), of Regulation (EU) No 1380/2013.

(6) Pursuant to Article 4(6) of Regulation (EU) 2018/973 and Article 4(7) of Regulation (EU) 2019/472, fishing opportunities for target stocks should be fixed to ensure that there is less than 5 % probability of the biomass falling below the limit biomass reference point (Blim) (6).

(7) In accordance with Article 7 of Regulation (EU) 2018/973 and Article 8 of Regulation (EU) 2019/472, where scientific advice indicates that the spawning stock biomass of any of the target stocks is below MSY Btrigger (7), remedial measures are to be taken. In particular, the fishing opportunities should be fixed at a level corresponding to the fishing mortality that is reduced proportionally to take into account the decrease in the biomass. Where scientific advice indicates that the spawning stock biomass of any of the target stocks is below Blim, further remedial measures are to be taken to ensure the rapid return of the stock to levels above those capable of producing MSY. In particular, those remedial measures can include suspending the targeted fishery for the stock in question and the adequate reduction of fishing opportunities for those or other stocks in the fisheries.

(8) There are certain stocks for which ICES advises zero catches or low catches, or ICES forecasts that a less than 5 % probability of the biomass falling below Blim could only be achieved with low catches; could only be achieved with zero catches; or could not even be achieved with zero catches. However, if TACs for those stocks were established at those levels, the obligation to land all catches, including by-catches from those stocks in mixed fisheries, may cause one or more fishing vessels to stop fishing even if they still have quota for other species, which in turn may lead to a premature closure of certain fisheries. Pursuant to Article 5(3) of Regulation (EU) 2018/973, Article 5(3) of Regulation (EU) 2019/472 and Article 16(4) of Regulation (EU) No 1380/2013, in conjunction with Article 2(1) and Article 2(5), points (c) and (f), of Regulation (EU) No 1380/2013 and in order to strike a balance between maintaining mixed fisheries, in view of the potentially severe socio-economic impacts of failing to do so, and the need to achieve a good biological status for those stocks, taking account of the difficulty of fishing all stocks in a mixed fishery at MSY, it is appropriate to establish specific TACs for by-catches for those stocks. Those by-catch TACs should be set at levels that avoid the risk of a premature closure of fisheries that still have quota for targeted species due to fishing vessels’ lack of quota for stocks caught as by-catch, where such a premature closure could have severe socio-economic impacts in the short-term. At the same time, the by-catch TACs should also ensure the conservation of the stocks concerned, where failing to conserve stocks could have severe long-term environmental and socio-economic impacts, as well as associated short-term socio-economic impacts. Those by-catch TACs should also be fixed at levels based on specific, reliable and verifiable evidence regarding potential premature closures, potential short-term socio-economic impacts as well as long-term environmental impacts. In order to reduce catches of the stocks for which by-catch TACs are set, fishing opportunities for the mixed fisheries in which fish from those stocks are by-caught should be set at levels that help the biomass of vulnerable stocks to recover to sustainable levels.

(9) In order to guarantee, to the extent possible, the use of fishing opportunities in mixed fisheries in accordance with Article 16(2) of Regulation (EU) No 1380/2013, it is appropriate to establish a pool for quota exchanges for Member States. Such a pool for quota exchanges would make unused quotas for certain by-catches available to Member States to cover their unavoidable by-catches in certain areas in circumstances where those Member States would otherwise have no quota.

(10) In accordance with Article 2(2) and Article 16(4) of Regulation (EU) No 1380/2013, for stocks that are not covered by Regulations (EU) 2018/973 and (EU) 2019/472, where adequate scientific information is available, fishing opportunities should be fixed in line with the FMSY point value (8) and, where relevant, at levels that restore stocks above levels capable of producing MSY. Where that scientific information is not available, fishing opportunities should be fixed in line with the precautionary approach to fisheries management.

(11) For certain stocks, ICES advice remains valid for several years and that advice remains the best available scientific advice for the entire advice period. In those cases, annual TACs covering the entire advice period should in principle be set (‘multiannual TACs’). If new ICES advice becomes available during that period, it should be ensured that the multiannual TACs remain consistent with the new advice, as soon as possible after the publication of such new ICES advice. Moreover, it should be ensured that the annual deductions from the advice figure for total catches, to take account of exemptions from the landing obligation, remain consistent with the available data. However, for certain stocks, and in particular for stocks showing recent significant variations in biomass or fishing mortality, it may be appropriate to continue setting annual TACs.

(12) In accordance with Article 4(3) of Regulation (EU) 2019/472, Spain and France should jointly ensure that, when determining their quotas for commercial fisheries for European seabass (Dicentrarchus labrax) in ICES divisions 8a and 8b, the sum of those quotas, commercial discards, recreational landings and recreational dead discards do not exceed the lowest value within the range of FMSY (‘MSY Flower’) for total removals for that area, i.e. 3 883 tonnes. In order to allow the Commission to monitor the correct application of the objectives and rules set out in Regulation (EU) No 1380/2013 and in Regulation (EU) 2019/472, Spain and France should submit information regarding their respective quotas in commercial fisheries for European seabass to the Commission.

(13) Additional measures for recreational fisheries for European seabass in ICES divisions 8a and 8b should be maintained, in view of the significant impact of recreational fisheries on the fishing mortality for that stock.

(14) There are certain stocks for which ICES advises catches above a low level. However, if TACs for those stocks were established at those levels, the obligation to land all catches, including by-catches from those stocks in mixed fisheries, may cause one or more fishing vessels to stop fishing even if they still have quota for other species, which in turn may lead to a premature closure of certain fisheries. Pursuant to Article 5(3) of Regulation (EU) 2018/973, Article 5(3) of Regulation (EU) 2019/472 and Article 16(4) of Regulation (EU) No 1380/2013, in conjunction with Article 2(1) and Article 2(5), points (c) and (f), of that Regulation and in order to strike a balance between maintaining mixed fisheries, in view of the potentially severe socio-economic impacts of failing to do so, and the need to achieve a good status for those stocks, taking account of the difficulty of fishing all stocks in a mixed fishery at MSY, it is appropriate to establish specific TACs for by-catches for those stocks. Those by-catch TACs should be set at levels that avoid the risk of a premature closure of fisheries due to fishing vessels’ lack of quota for stocks caught as by-catch, where such a premature closure could have severe socio-economic impacts in the short-term, while also at the same time ensuring the conservation of the stocks concerned, where failing to conserve stocks could have severe long-term environmental and socio-economic impacts, as well as associated short-term socio-economic impacts. Those by-catch TACs should also be fixed based on specific, reliable and verifiable evidence regarding potential premature closures, potential short-term socio-economic impacts as well as long-term environmental impacts. In order to reduce catches of the stocks for which by-catch TACs are set, fishing opportunities for the mixed fisheries in which fish from those stocks are by-caught should be set at levels that help the biomass of vulnerable stocks to recover to sustainable levels.

(15) According to the relevant ICES advice, recreational catches of pollack (Pollachius pollachius) in ICES subarea 8 and division 9a are non-negligible. It is therefore appropriate to establish limits for recreational catches of pollack in that area and in adjacent areas, namely in ICES subareas 8, 9 and 10 and Union waters of Fishery Committee for the Eastern Central Atlantic (CECAF) area 34.1.1.

(16) In May 2022, ICES noted that, despite Member States’ efforts for the recovery of European eel (Anguilla anguilla), no overall progress had been made in achieving the 40 % silver eel biomass escapement objective across the entire Union, as required by Article 2(4) of Council Regulation (EC) No 1100/2007 (9), and that no clear patterns for mortality were observed. In November 2025, ICES advised once again that, when the precautionary approach is applied, there should be zero catches of European eel in all habitats and at all life stages, throughout its natural range, which includes the north-east Atlantic and the Mediterranean. That concerns both recreational and commercial catches and includes catches of glass eels for restocking and aquaculture.

(17) Council Regulation (EU) 2023/194 (10) extended to six months the closure period for any commercial eel fishing activity in Union marine and brackish waters of the north-east Atlantic. It also prohibited all recreational eel fisheries in those waters. It was considered that a six month closure period would better protect the stock than the Union and national measures that had been implemented until 2022. It was also considered that the extended closure period would further the achievement of the escapement objective of at least 40 % of silver eels. Council Regulations (EU) 2024/257 (11) and (EU) 2025/202 (12) maintained those measures while clarifying the criteria for setting the closure period and the possible derogation for continued limited eel fisheries during the eel migration period. Given the continued critical status of the European eel, it is appropriate to maintain those measures in 2026.

(18) Pursuant to Regulation (EC) No 1100/2007, restocking of glass eel is a conservation measure chosen by certain Member States in their eel management plans. In order to enable those Member States to continue implementing that measure, glass eel catches in Union marine and brackish waters of the north-east Atlantic at the appropriate time of the year and possibly during their main migration period may be required. Therefore, Member States may allow further glass eel fishing exclusively for restocking for an additional 50 days during the main migration period of glass eel.

(19) According to ICES, the biomass of sole (Solea solea) in ICES subdivisions 20 to 24 is estimated to be below Blim in 2026. In accordance with Article 7(2) of Regulation (EU) 2018/973, remedial measures should be established for that stock for 2026, to ensure its rapid return to the biomass level above that capable of producing the maximum sustainable yield. Such remedial measures should be established for the fisheries with substantial by-catches of sole, i.e. both for the mixed gillnet fisheries targeting plaice (Pleuronectes platessa) and for the mixed trawl fisheries targeting Norway lobster (Nephrops norvegicus). As by-catch of common sole is minimal in gillnet fisheries in subdivision 24 and in small-scale coastal fisheries in subdivision 22 south of a latitude 55°N, those areas should be exempted from such measures.

(20) In its advice for certain stocks of elasmobranchs (namely skates, sharks and rays) for 2026, ICES recommends zero catches, due to the poor conservation status of elasmobranchs and given that even limited fishing activity could give rise to a serious conservation risk. Therefore, the fishing for such species should be prohibited. In addition, pursuant to Article 15(4), point (a), of Regulation (EU) No 1380/2013, the landing obligation does not apply to species for which fishing is prohibited. When accidentally caught, those species should not be harmed and should be promptly released. Discarding of such elasmobranchs is not considered to raise their fishing mortality significantly and supports the conservation of those stocks as they have high survival rates when discarded.

(21) In order to maximise the use of fishing opportunities, it is appropriate to allow for the implementation of a flexible arrangement between certain TAC areas where the same biological stock is concerned.

(22) Articles 3 and 4 of Council Regulation (EC) No 847/96 (13) provide for year-to-year flexibility for quotas for stocks subject to both precautionary TACs and analytical TACs. Pursuant to Article 2 of that Regulation, when fixing TACs, the Council is to decide to which stocks Articles 3 and 4 of that Regulation are not to apply, on the basis of the biological status of stocks and commitments reached with third countries. 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 pursuant to 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 the stock and of commitments reached with third countries.

(23) Where a stock is fished by one Member State only, it is appropriate to empower that Member State to fix a TAC for that stock, in accordance with Article 2(1) of the Treaty on the Functioning of the European Union (TFEU). Such empowerment is appropriate, provided that, when determining the TAC level, the Member State complies with the objectives and rules set out in Regulation (EU) No 1380/2013 and in Regulations (EU) 2018/973 and (EU) 2019/472. In order to allow the Commission to monitor the correct application of those objectives and rules, Member States should submit information regarding the TACs to the Commission. In addition, the Commission may request that the Scientific, Technical and Economic Committee for Fisheries (STECF) assess those TACs, and in the event that the STECF assesses those TACs as not being in compliance with the objectives and rules set out in Regulation (EU) No 1380/2013 and in Regulations (EU) 2018/973 and (EU) 2019/472, Member States should amend the TACs on the basis of the STECF advice.

(24) It is necessary to establish the fishing effort limitations for sole in the Western Channel (ICES division 7e) in accordance with Article 12 of Regulation (EU) 2019/472.