# C_2022284EN.01001901.xml

| 25.7.2022 | EN | Official Journal of the European Union | C 284/19 |
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25.7.2022

EN

Official Journal of the European Union

C 284/19

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Reference for a preliminary ruling from High Court (Ireland) made on 16 May 2022 — Friends of the Irish Environment CLG v Minister for Agriculture, Food and the Marine, Ireland and the Attorney General

(Case C-330/22)

(2022/C 284/22)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Applicant: Friends of the Irish Environment CLG

Respondents: The Minister for Agriculture, Food and the Marine, Ireland and the Attorney General

Questions referred

| 1) | In circumstances where the 2020 Regulation (1) has been superseded and/or the national implementing measures have expired, is the within reference necessary to be referred? |
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1)

In circumstances where the 2020 Regulation (1) has been superseded and/or the national implementing measures have expired, is the within reference necessary to be referred?

| 2) | Is Annex IA of Council Regulation 2020/123/EU invalid, having regard to the aims and objectives of Regulation (EU) 1380/2013 (2) (the ‘CFP Regulation’), and specifically Article 2(1) and 2(2) of the CFP Regulation including the objective of the second sentence of Article 2(2) and the principles of good governance set out in Articles 3(c) and (d) of the CFP Regulation (including the extent to which it applies to stocks for which a pre-cautionary approach is required), when read in conjunction with Articles 9, 10, 15 and 16 of the CFP Regulation and the Recitals thereto and Articles 1, 2, 3, 4, 5, 8 and 10 of Regulation 2019/472 (3) of the European Parliament and of the Council establishing a multi-annual plan for stocks fished in the Western Waters (‘the Western Waters Regulation’), insofar as the total allowable catches (‘TACs’) set by the 2020 Regulation do not follow zero-catch advice for maximum sustainable yield (‘MSY’) issued by the International Council for the Exploration of the Sea (‘ICES’) for certain species? |
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2)

Is Annex IA of Council Regulation 2020/123/EU invalid, having regard to the aims and objectives of Regulation (EU) 1380/2013 (2) (the ‘CFP Regulation’), and specifically Article 2(1) and 2(2) of the CFP Regulation including the objective of the second sentence of Article 2(2) and the principles of good governance set out in Articles 3(c) and (d) of the CFP Regulation (including the extent to which it applies to stocks for which a pre-cautionary approach is required), when read in conjunction with Articles 9, 10, 15 and 16 of the CFP Regulation and the Recitals thereto and Articles 1, 2, 3, 4, 5, 8 and 10 of Regulation 2019/472 (3) of the European Parliament and of the Council establishing a multi-annual plan for stocks fished in the Western Waters (‘the Western Waters Regulation’), insofar as the total allowable catches (‘TACs’) set by the 2020 Regulation do not follow zero-catch advice for maximum sustainable yield (‘MSY’) issued by the International Council for the Exploration of the Sea (‘ICES’) for certain species?

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(1)  Council Regulation 2020/123/EU of 27 January 2020 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ 2020, L 25, p. 1).

(2)  Regulation 1380/2013/EU of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ 2013, L 354, p. 22).

(3)  OJ 2019, L 83, p. 1

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