Council Regulation (EU) 2026/786 of 30 March 2026 amending Regulation (EU) 2026/249 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

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) Council Regulation (EU) 2026/249 (1) fixes 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. Those fishing opportunities, including certain measures functionally linked thereto, should be amended to take into account the publication of scientific advice, as well as the outcomes of consultations with third countries and regional fisheries management organisations (RFMOs) meetings.

(2) In 2025, the Union and the United Kingdom conducted bilateral consultations on the setting of a large number of total allowable catches (TACs) for 2026, including certain measures functionally linked to those TACs, for stocks listed in Annex 35 to 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 (2) (the ‘Trade and Cooperation Agreement’). Those consultations were conducted pursuant to Article 498(2), (4) and (6) of the Trade and Cooperation Agreement. The outcome of those consultations was documented in the written record signed by the Heads of Delegation on 10 December 2025. As documented in that written record, the Heads of Delegation agreed to recommend to their respective authorities that the remedial measures for cod (Gadus morhua), haddock (Melanogrammus aeglefinus) and whiting (Merlangius merlangus) in the Celtic Sea and Irish Sea and for sole (Solea solea) and plaice (Pleuronectes platessa) in the Channel should start to apply, in principle, no later than 1 June 2026, in both the Union and the United Kingdom to ensure a level playing field given that those stocks are jointly managed. The start of the application of those remedial measures is to be subject to the Union and the United Kingdom having notified the completion of their respective internal procedures required for the adoption of those remedial measures. The United Kingdom informed the Commission services that it expects to complete its internal procedures for the incorporation into the law of the United Kingdom of the remedial measures agreed for cod and whiting in the Irish Sea and for sole and plaice in the Channel by 1 September 2026. In order to ensure a level playing field for Union operators vis-à-vis United Kingdom operators, the application of those measures should be deferred until 1 September 2026, pending the completion of the relevant internal procedures by the United Kingdom.

(3) Between 6 and 11 March 2026, the Union and the United Kingdom conducted bilateral consultations on the level of the TAC for sandeel (Ammodytes spp.) and associated by-catches in United Kingdom and Union waters of International Council for the Exploration of the Sea (ICES) subarea 4, United Kingdom waters of ICES division 2a, and Union waters of ICES division 3a. The Union participated in those consultations on the basis of the Union position endorsed by the Council on 3 March 2026. The outcome of those consultations was documented in the written record signed on 13 March 2026. That TAC should therefore be set at the level agreed with the United Kingdom.

(4) Regulation (EU) 2026/249 set provisional Union quotas for mackerel (Scomber scombrus) in the North-East Atlantic for the first half of 2026 in the absence of a decision on the TAC for that stock in coastal States’ consultations and by the North-East Atlantic Fisheries Commission (NEAFC). The United Kingdom, Norway, Iceland and the Faroe Islands have agreed on a TAC for mackerel for 2026 at a level that differs from the level advised by ICES. No agreement has been reached yet between the Union and the United Kingdom, Norway, Iceland and the Faroe Islands on a TAC for mackerel for 2026. Given the seasonality of that fishery, and the need to promote a level playing field for Union operators vis-à-vis third-country operators, the Union quotas for that stock should be set for the whole of 2026, and in line with the approach applied since 2021 as regards the joint share of the Union and the United Kingdom in that TAC. That approach is based on a Union and United Kingdom joint share of 49,29 % of the TAC for mackerel, after applying the quota transfers resulting from implementing Table B of Annex 36 to the Trade and Cooperation Agreement.

(5) Between November 2025 and February 2026, the Union and Norway conducted bilateral consultations regarding access to their respective waters for fishing for herring (Clupea harengus) and blue whiting (Micromesistius poutassou) in the North-East Atlantic. The Union participated in those consultations on the basis of the Union position endorsed by the Council on 17 October 2025. The outcome of those consultations was documented in an agreed record signed on 27 February 2026. Those access levels should therefore be set at the levels agreed with Norway.

(6) Following the setting of a reference TAC for cod in the North-East Arctic for 2026, the definitive Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b for 2026 should be set based on that reference TAC for 2026 and on the Union’s historical share for cod in the North-East Arctic. That Union quota should be allocated to the Member States in accordance with Council Decision 87/277/EEC (3), subject to the adaptations necessary due to the withdrawal of the United Kingdom from the Union as set out in Table E of Annex 36 to the Trade and Cooperation Agreement.

(7) Fishing effort limits for Union fishing vessels fishing for bluefin tuna (Thunnus thynnus) in International Commission for the Conservation of Atlantic Tunas (ICCAT) Convention area, east of 45°W, and maximum input and capacity for Union farms of bluefin tuna in that area are based on information provided in the annual plans referred to in Articles 11, 13 and 15 of Regulation (EU) 2023/2053 of the European Parliament and of the Council (4). Member States are to submit those plans to the Commission by 31 January of each year, pursuant to Article 16(1) of Regulation (EU) 2023/2053. Those plans are then to be compiled by the Commission and are to form the basis for the establishment of a Union annual plan, which is to be transmitted to the ICCAT Secretariat for discussion and approval by ICCAT, as set out in Article 16(2) of Regulation (EU) 2023/2053. On 5 March 2026, ICCAT approved the Union annual plan for 2026. The Union fishing effort limits and Union maximum farming input and capacity for 2026 should therefore be amended in line with that annual plan.

(8) Pursuant to Article 8 of Regulation (EU) 2023/2053, Member States may request to transfer a maximum 5 % of their annual quota of bluefin tuna in the ICCAT Convention area, east of 45°W from the preceding year to a given year. Certain Member States included in their annual fishing plans submitted to the Commission requests to carry over their annual quota of bluefin tuna in the ICCAT Convention area, east of 45°W from 2025 to 2026. On the basis of those requests, the Commission included a request for carry-over of the Union quota for that stock from 2025 to 2026 in the Union annual plan for 2026. Following the approval of the Union annual plan, the quotas of those Member States for bluefin tuna in the ICCAT Convention area, east of 45°W for 2026 should therefore be amended accordingly.

(9) In accordance with Articles 8a, 17b and 18b of Regulation (EU) 2017/2107 of the European Parliament and of the Council (5), annual quotas for certain Member States for bigeye tuna (Thunnus obesus) in the ICCAT Convention area, albacore (Thunnus alalunga) in the ICCAT Convention area, both north of 5°N and south of 5°N, and swordfish (Xiphias gladius) in the ICCAT Convention area, both north of 5°N and south of 5°N, were transferred from 2024 to 2026 in accordance with the relevant ICCAT recommendations. The quotas of those Member States for those stocks for 2026 should therefore be amended accordingly.

(10) At its 14th annual meeting in 2026, the South Pacific Regional Fisheries Management Organisation (SPRFMO) adopted 2026 catch limits for jack mackerel (Trachurus murphyi) and maintained exploratory fisheries for toothfishes (Dissostichus spp.). In addition, the SPRFMO maintained functionally linked measures in respect of exploratory fisheries for toothfishes. Those measures should therefore be implemented in Union law.

(11) Pending the outcome of the 10th session of the North Pacific Fisheries Commission (NPFC), the fishing opportunities for chub mackerel (Scomber japonicus) in the NPFC Convention area for the period from 1 June 2026 to 31 May 2027 should be marked ‘to be established’, in order to allow the fishery for chub mackerel to start from 1 June 2026, for Union fishing vessels holding a fishing authorisation in accordance with Articles 20, 21 and 22 of Regulation (EU) 2017/2403 of the European Parliament and of the Council (6).

(12) The two groups of closure periods for Union purse seine fishing vessels in the Inter-American Tropical Tuna Commission (IATTC) Convention area established by Regulation (EU) 2026/249, during which such vessels are prohibited from fishing for yellowfin tuna (Thunnus albacares), bigeye tuna or skipjack tuna (Katsuwonus pelamis), should be amended in line with measures adopted by the IATTC. The first group of closure periods should be amended to apply throughout the entire IATTC Convention area whilst the second group of closure periods should continue to apply in a specific area only. In addition, the extensions of closure periods for Union purse seine fishing vessels, based on their catches of bigeye tuna in the IATTC Convention area during the previous year, should only apply to the first group of closure periods and thus no longer apply to the second group of closure periods.

(13) On 20 January 2021, the European Parliament and the Council adopted Regulation (EU) 2021/56 (7) implementing into Union law certain management, conservation and control measures applicable in the IATTC Convention area. Article 8 of that Regulation establishes measures for oceanic whitetip sharks (Carcharhinus longimanus). Article 40 of Regulation (EU) 2026/249 overlaps with Regulation (EU) 2021/56 on that subject matter and imposes requirements that are already addressed under Union law. It is therefore appropriate to delete Article 40 of Regulation (EU) 2026/249.

(14) Regulation (EU) 2026/249 set a TAC for sole in ICES divisions 8c, 8d and 8e, subareas 9 and 10, and Union waters of Fishery Committee for the Eastern Central Atlantic (CECAF) 34.1.1 for 2026 and for 2027. According to ICES, there are three main species of sole caught in that area: common sole (Solea solea), Senegalese sole (Solea senegalensis) and sand sole (Pegusa lascaris). The scientific name referred to in the TAC is ‘Solea spp.’, which does not cover sand sole. However, sand sole was previously considered to belong to the genus Solea. To provide legal certainty, the scientific name referred to in the TAC should be replaced by ‘Solea spp. and Pegusa lascaris’ to also cover sand sole.

(15) Regulation (EU) 2026/249 should therefore be amended accordingly.

(16) In order to maintain the reporting periods for the TACs amended by this Regulation, and given that those TACs apply from 1 January 2026, the amended TACs should apply retroactively from that date. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the TACs concerned are maintained or increased.

(17) Given the urgency of avoiding interruptions to fishing activities, this Regulation should enter into force on the date of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment of Regulation (EU) 2026/249

Regulation (EU) 2026/249 is amended as follows:

(1) Article 11(3) is replaced by the following: ‘3.   Catches in commercial fisheries under the fishing opportunities referred to in paragraph 1 shall be reported by Spain and by France (BSS/8AB.).’

(3) Article 40 is deleted;

(5) Parts A and B of Annex IA, and Annexes IB, ID, IH, IM and VI are amended in accordance with the Annex to this Regulation.

Article 2

Entry into force and application

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2026.

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

Done at Brussels, 30 March 2026.

For the Council The President M. PANAYIOTOU

(1) 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 (OJ L, 2026/249, 30.1.2026, ELI: http://data.europa.eu/eli/reg/2026/249/oj).

(2) 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, p. 10, ELI: http://data.europa.eu/eli/agree_internation/2021/689(1)/oj).

(3) Council Decision 87/277/EEC of 18 May 1987 on the allocation of the catch possibilities for cod in the Spitsbergen and Bear Island area and in Division 3M as defined in the NAFO Convention (OJ L 135, 23.5.1987, p. 29, ELI: http://data.europa.eu/eli/dec/1987/277/oj).

(4) Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627 (OJ L 238, 27.9.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/2053/oj).

(5) Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007 (OJ L 315, 30.11.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/2107/oj).

(6) 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, p. 81, ELI: http://data.europa.eu/eli/reg/2017/2403/oj).

(7) Regulation (EU) 2021/56 of the European Parliament and of the Council of 20 January 2021 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007 (OJ L 24, 26.1.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/56/oj).