(1)

The Council is to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to these fishing opportunities, as appropriate. 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) as 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 available scientific advice, taking into account biological and socio-economic implications while ensuring fair treatment between fishing sectors and taking into account the opinions expressed during consultations with stakeholders.

(3)

Regulation (EU) 2016/1139 of the European Parliament and of the Council (2) establishes a multiannual plan for the stocks of cod, herring and sprat 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 listed in Article 2 of Regulation (EU) No 1380/2013. In particular, the plan seeks to ensure that the exploitation of living 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 contributing to the availability of food supplies. Those 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, as well as contributing to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects.

(4)

On 31 May 2024, the International Council for the Exploration of the Sea (ICES) published its annual stock advice for Baltic stocks for 2025. According to ICES, the vast majority 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 2025, ICES advises zero catches of western Baltic herring, eastern Baltic cod and salmon in ICES subdivisions 22 to 31. Moreover, ICES recommends low catch levels for western Baltic cod for 2025. Therefore, if the TACs for those stocks were established at the levels advised by ICES, the obligation to land all catches, including by-catches from those stocks in mixed fisheries, would lead to the phenomenon of choke species. Cod is by-caught in all fisheries, western herring is by-caught in the targeted sprat fisheries, and salmon can be by-caught in many fisheries. A choke situation would particularly affect vessels fishing for flatfish and sprat, potentially forcing them to cease fishing operations in 2025 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 and sprat fisheries that is allowed to be caught within the limits of the TACs and expected to be caught in the relevant respective area is estimated at EUR 19 900 000 and EUR 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 2025. 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 Baltic cod, western Baltic cod, and main basin salmon.

(6)

As regards the eastern Baltic cod stock, ICES advises zero catches for that stock in 2025 for the 6th consecutive year. Moreover, ICES downgraded its assessment to category 3 precautionary assessment due to limited data and inconsistencies in certain model estimates. However, ICES remains confident about the biomass trends of the eastern Baltic cod stock, which have shown a slight increase. The spawning stock biomass nevertheless remains well below the conservation reference point (Blim), below which there may 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 maintain the suspension of the targeted fishery and other functionally linked remedial measures and to extend the prohibition of recreational fisheries to the entire management area, with an exception for incidental by-catches in ICES subdivisions 27 to 32. 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 also be set at a low level in order to avoid the socio-economic consequences that would result from setting the fishing opportunities at zero.

(7)

As regards the western Baltic cod stock, ICES downgraded its advice last year to precautionary advice due to continued uncertainties in the advice and recommended extremely low catch levels for 2024 and 2025. Moreover, ICES estimated in 2021 that the stock fell below Blim 15 years ago and has remained below Blim ever since, reaching a historic low in 2022. 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 maintain the suspension of the targeted fishery and other 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 also 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 salmon in ICES subdivisions 22 to 31, ICES has maintained its zero-catch advice, while considering for 2025 the possibility of continued targeted commercial and recreational coastal summer fisheries again to the area north of latitude 59o 30′ N (ICES subdivisions 29 North to 31) compared to ICES subdivision 31 in 2024. ICES, however, reduced its catch advice because the post-smolt survival of salmon declined to a historic low in 2021 and is uncertain for 2022, resulting in an increased uncertainty of the stock development forecast. Moreover, the spawning run has decreased substantially since 2021 and in 2023 it was the lowest in the time series for the most productive salmon river by far. In addition, there is also post-release mortality of wild salmon in recreational fisheries for adipose fin-clipped salmon. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, it is therefore appropriate to adjust the fishing area and the level of fishing opportunities compared to 2024 in line with the ICES advice, and to maintain the functionally linked remedial measures.

(9)

On 10 October 2024, ICES withdrew its advice for salmon in the Gulf of Finland and stated that its advice issued in 2023 for the fishing year 2024 is consequently the best available scientific advice. The fishing opportunities are therefore fixed accordingly.

(10)

In order to ensure the full use of coastal fishing opportunities for salmon in ICES subdivision 32, it is appropriate to maintain the limited inter-area flexibility for salmon between ICES subdivisions 22 to 31 and ICES subdivision 32 that was introduced in 2019.

(11)

Prohibiting fishing for sea trout beyond four nautical miles measured from the baselines and limiting by-catches of sea trout to 3 % of the combined catch of sea trout and salmon has contributed to a substantial reduction in the previously high levels of misreporting of catches in the salmon fishery, in particular as regards catches of sea trout. It is therefore appropriate to maintain the existing restrictions in order to continue ensuring low levels of misreporting.

(12)

Measures on recreational fisheries of cod and salmon and measures for the conservation of sea trout and salmon stocks should be without prejudice to more stringent national measures under Articles 19 and 20 of Regulation (EU) No 1380/2013.

(13)

As regards herring in the Gulf of Bothnia, ICES estimates that the biomass has increased but remains below the conservation reference point (Btrigger), below which appropriate remedial measures are to be taken to ensure the rapid return of the stock at levels above those capable of producing MSY. Moreover, ICES notes that the number and the size of older individuals in the population is unlikely to increase if the fishing opportunities were set at the FMSY point value. ICES finally notes that the stock is likely vulnerable to loss of genetic diversity. In accordance with Article 5(1) of Regulation (EU) 2016/1139, it is appropriate to set the fishing opportunities accordingly.

(14)

As regards western Baltic herring, ICES advises zero catches for that stock for the 7th consecutive year. ICES also revised the estimates of the spawning stock biomass downward for previous years and estimates the biomass to still be only 60 % of Blim in 2024, even if it has continously increased since 2020. Furthermore, recruitment remains at historically low levels and the biomass is not expected to recover above Blim in 2026. In those circumstances, it is appropriate, pursuant to Regulation (EU) 2016/1139, to maintain the suspension of the targeted fisheries. 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 also be set at a low level in order to avoid the socio-economic consequences that would result from setting the fishing opportunities at zero.

(15)

As regards central Baltic herring, ICES estimates that the stock has been below Blim most of the last 30 years. For 2024, ICES estimates that, due to increased weight-at-age and strong recruitment in 2022, the stock has increased above Blim but is still far below Btrigger. The catch advice is for an increase compared with 2024, but ICES underlines that the recruitment estimates for 2023 and 2024 are uncertain. Moreover, the probability that the stock will remain below Btrigger in 2026 is still 55 % even with no fishing at all and despite the estimated positive forecast. In accordance with Article 5(1) of Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly.

(16)

As regards herring in the Gulf of Riga, ICES estimates that the biomass is above Btrigger and the fishing pressure at FMSY. In accordance with Article 4(3) of Regulation (EU) 2016/1139, it is therefore appropriate to set the fishing opportunities accordingly.

(17)

As regards plaice, according to ICES, cod is by-caught in the plaice fisheries. Moreover, the discard rate of plaice has increased substantially in recent years. In accordance with Article 4(4) of Regulation (EU) 2016/1139, it is therefore appropriate to take those factors into account and to set the fishing opportunities for plaice accordingly.

(18)

As regards sprat, ICES estimates that, while the biomass is still above Btrigger, it has decreased substantially due to historically low recruitment since 2021. Moreover, ICES underlines that the forecast is based on a recruitment estimate that is optimistic and uncertain. In addition, none of the catch scenarios within the FMSY ranges ensures that the probability of the stock biomass falling below Blim in 2026 is less than 5 %. In those circumstances, it is appropriate, pursuant to Regulation (EU) 2016/1139, to fix the fishing opportunities in the lower FMSY range and to set a spawning closure for fisheries using active gear in as an additional remedial measure functionally linked to the fishing opportunities.

(19)

The use of the fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (3), and in particular Article 33 thereof on the recording of catches and fishing effort and Article 34 thereof on the transmission of data on the exhaustion of fishing opportunities to the Commission. This Regulation should therefore specify the codes relating to landings of stocks subject to this Regulation that Member States are to use when sending data to the Commission.

(20)

Articles 3 and 4 of Council Regulation (EC) No 847/96 (4) provide for year-to-year flexibility for quotas for stocks subject to precautionary and analytical TACs. Under Article 2 of that Regulation, the Council is, when fixing the TACs, 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 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. In addition, 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.

(21)

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 are permitted in 2025. Therefore, and given the relatively low resilience of the Baltic Sea ecosystem, the Member States that have a quota share of the relevant TACs have undertaken not to apply the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 to those stocks in 2025 so that catches in 2025 do not exceed the relevant TACs. Furthermore, south of latitude 59o 30′ N, the biomass of almost all salmon river stocks is below the limit reference point for smolt production (Rlim) and only by-catch and scientific fisheries are permitted in 2025. The relevant Member States have therefore made a similar commitment regarding year-to-year flexibility in relation to main-basin salmon catches in 2025.

(22)

The Union and the United Kingdom held bilateral consultations on 16 and 17 October 2024 on the TAC for Norway pout 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) for the period from 1 November 2024 until 31 October 2025. Those consultations were held pursuant to 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 (TCA) (5). The Union participated in those consultations on the basis of specifications to the Union position endorsed by the Council on 15 October 2024, pursuant to Article 2 of Council Decision (EU) 2021/1875 (6). The Union and the United Kingdom agreed on a TAC based on the ICES advice for Norway pout in in ICES subarea 4 and division 3a for that period published on 11 October 2024. 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 21 October 2024. The TAC for the period from 1 November 2024 to 31 October 2025 should therefore be fixed at the level set out in that Written Record.

(23)

Regulation (EU) 2024/257 should therefore be amended accordingly.

(24)

To avoid the interruption of fishing activities, the provisions of this Regulation relating to the Baltic Sea should apply from 1 January 2025. However, this Regulation should apply to Norway pout in the Skagerrak-Kattegat and in the North Sea, for purposes of clarity, from 1 November 2024 until 31 October 2025 because that is the fishing season for Norway pout. For reasons of urgency, this Regulation should enter into force immediately following its publication in the Official Journal of the European Union,