REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL First report on the implementation of the multiannual plans for the North Sea and Western Waters and the fisheries exploiting those stocks and on the delegation of powers conferred to the Commission by these multiannual plans and by the Deep-Sea Access Regulation
Date: 2024-09-30
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, North Sea, catch by species, catch quota, conservation of fish stocks, deep-sea fishing, fishing area, fishing regulations, international waters, sea fish

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 30.9.2024  COM(2024) 406 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL First report on the implementation of the multiannual plans for the North Sea and Western Waters and the fisheries exploiting those stocks and on the delegation of powers conferred to the Commission by these multiannual plans and by the Deep-Sea Access Regulation {SWD(2024) 218 final}  
 
 
Contents 

1 

2 

3 

4 

5 

6 

7 

Executive Summary ............................................................................................................................... 2 

Introduction .......................................................................................................................................... 3 

Developments in relevant areas ........................................................................................................... 4 

3.1 

Fishing opportunities set since 2019 and 2020 ............................................................................ 5 

3.1.1 

Limitations ........................................................................................................................... 12 

3.2 
Stocks jointly managed with coastal states in the north east atlantic and, in particular, with the 
United Kingdom and Norway in mixed fisheries .................................................................................... 13 

3.3  Mixed fishery reality in the North Sea and Western Waters ...................................................... 14 

3.3.1 

3.3.2 

Kattegat ............................................................................................................................... 14 

Celtic Sea examples ............................................................................................................. 15 

3.4 

Court of Justice Judgment in Case C-330/22 .............................................................................. 16 

Ecosystem-based approach ................................................................................................................ 17 

Landing obligation ............................................................................................................................... 17 

Regional cooperation .......................................................................................................................... 18 

Socio-economic development ............................................................................................................ 19 

7.1 

7.2 

7.3 

North Sea .................................................................................................................................... 19 

North Western Waters (NWW) ................................................................................................... 19 

South Western Waters (SWW) ................................................................................................... 19 

8 
Delegation of powers conferred to the Commission by the North Sea and Western Waters MAPs 
and by the Deep-Sea Access Regulation ..................................................................................................... 19 

9 

Glossary ............................................................................................................................................... 21 

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1  EXECUTIVE SUMMARY 

The  implementation  of  the  multiannual  plans  (MAPs)  for  the  North  Sea  and  the  Western 
Waters, of Regulations (EU) 2018/973 and 2019/472 of the European Parliament and of the 
Council1 has contributed to a decrease in fishing pressure. 

The MAPs are a helpful tool in implementing the common fisheries policy (CFP)2, notably 
in  setting  fishing  opportunities.  They  set  out  rules  for  regionally-adapted  fisheries 
management.  For  fish  stocks  with  a  data-rich  (or  maximum  sustainable  yield  (MSY)) 
assessment,  the  MAPs  allow  the  use  of  upper  limits  when  setting  total  allowable  catches 
(TACs), providing flexibility for healthier stocks. For stocks that have so few fish in the sea 
that they are below dangerous minimum levels, the MAPs create a safety net. 

The Commission considers that certain decisions taken by the Council for stocks for which 
the  Council  had  to  reduce  TACs  and  take  additional  remedial  measures  were  made 
possible thanks to the framework put in place by the MAPs which combines a safety net and 
flexibility. Without a MAP in place, it may have been difficult for the Council to agree on 
remedial measures to recover weak stocks, and TACs would most likely have been set at a 
higher level. The MAPs have ensured that, today, all fisheries are either managed in line with 
MSY or that remedial measures are put in place to bring them back to MSY. Only healthier 
stocks  can  be  the  basis  for  the  long-term  profitability  of  the  fishing  industry  and  ancillary 
sectors. The MAPs have also provided flexibility for healthier stocks by allowing the use of 
the upper FMSY range under certain conditions. 

The  Commission  concludes  that  the  MAPs  provide  a  stable  long-term  instrument  to 
implement the CFP in the North Sea and Western Waters since they offer less uncertainty 
when setting TACs, ensure the adoption of remedial measures for stocks under pressure 
(including in the case of a fishing closure), make the TAC-setting process more transparent 
for stakeholders and EU Member States, and allow the fishing industry to better plan their 
fisheries. 

1 Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for 
demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing 
obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, 
p. 1). 

Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for 
stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 
2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, 
(EC) No 509/2007 and (EC) No 1300/2008 (OJ L 83, 25.3.2019, p. 1). 

2 Regulation (EU) No 1380/2013 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 L 354, 28.12.2013, p. 22). 

2 

 
 
 
 
 
2 

INTRODUCTION 

The European Parliament  and the Council adopted the multiannual  plans  (MAPs) for demersal 
stocks in the North Sea and for demersal and deep-sea stocks in the Western Waters in 20183 and 
20194 respectively. This report provides a first overview of the progress made for the stocks and 
fisheries exploiting those stocks. This report also covers the reporting obligation on the delegation 
of powers conferred to the Commission  by Article 16 of the North Sea MAP, Article 18 of the 
Western Waters MAP, and Article 17 of the ‘Deep-Sea Access Regulation’5. 

The MAPs’ overall goal is to help achieve the objectives of the common fisheries policy (CFP) 
and of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (CFP ‘Basic 
Regulation’)6, and, in particular, to improve fishers’ economic base to boost their incomes and 
their companies. The MAPs help to ensure that fishing can continue and fish stocks remain above 
levels that can produce the maximum sustainable yield (MSY). The MAPs also help to eliminate 
discards  by  reducing  unwanted  catches  and  enable  an  ecosystem-based  approach  to  fisheries 
management. The MAPs cover black scabbardfish, roundnose grenadier, seabass, cod, megrims, 
anglerfish, haddock, whiting, hake, blue ling, Norway lobster, red sea bream, plaice, pollack, sole, 
saithe and northern prawn. Based on the best available scientific advice, the MAPs establish the 
7, which are consistent with achieving 
target fishing mortality with upper and lower ranges of FMSY
MSY.  The  MAPs  also  empower  the  Commission  to  adopt  delegated  acts  for  by-catch  stocks, 
exemptions from the landing obligation and technical measures. 

The MAPs were first applied for the fishing season beginning on 1 January 2019 for demersal 
stocks in the North Sea, and the season beginning on 1 January 2020 for demersal and deep-sea 
stocks in Western Waters. 

3 Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for 
demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing 
obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, 
p. 1). 

4 Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for 
stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks,  amending Regulations (EU) 
2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, 
(EC) No 509/2007 and (EC) No 1300/2008 (OJ L 83, 25.3.2019, p. 1). 

5 Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific 
conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-
east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ L 354, 23.12.2016, p. 1). 

6 Regulation (EU) No 1380/2013 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 L 354, 28.12.2013, p. 22). 

7 ‘range of FMSY’ means a range of values provided in the best available scientific advice, in particular from ICES or  a similar 
independent scientific body recognised at EU or international level, where all levels of fishing mortality within that range result in 
maximum sustainable yield (MSY) in the long term with a given fishing pattern and under current average environmental conditions 
without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5% reduction 
in long-term yield compared to the MSY. It is capped so that the probability of the stock falling below the limit spawning stock 
biomass reference point (Blim) is no more than 5%, as defined in Article 2(2) of Regulation (EU) 2019/472 and Article 2(1) of 
Regulation (EU) 2018/973. 

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Of the fishing opportunities for 2020, 62 of the 78 total allowable catches (TACs) were set in line 
8
.  Therefore,  more  than  99%  of  landings  in  the  Baltic,  North  Sea  and  the  Atlantic 
with  FMSY
managed exclusively by the EU came from sustainably managed fisheries9. The number of TACs 
managed  under  both  MAPs  and  set  in  line  with  MSY  and  precautionary  advice  continued  to 
increase between 2019 and 2024. 

3  DEVELOPMENTS IN RELEVANT AREAS 

This first report presents developments in the implementation of relevant areas of the MAPs and 
is based on: 

(1) a targeted consultation10; 

(2) the latest advice from the International Council for the Exploration of the Sea (ICES) 
on the relevant stocks in the North Sea and Western Waters11; 

(3) the latest scientific assessments by the Scientific, Technical and Economic Committee 
for Fisheries (STECF) on measures identified by Member States to implement the landing 
obligation12; 

(4)  the  first  and  second  reports13  on  the  implementation  of  the  Technical  Measures 
Regulation14; and 

8 ‘FMSY’ is the value of the estimated fishing mortality that with a given fishing pattern and under current average environmental 
conditions gives the long-term MSY. 

9 Communication from the Commission to the European Parliament and the Council. Towards more sustainable fishing in the EU: 
state of play and orientations for 2021 (SWD(2020) 112 final), p. 2. 

10 The consulted stakeholders were the North Sea Member States Group (Scheveningen Group), the North Western Waters Member 
States  Group,  the  South  Western  waters  Member  States  Group,  the  North  Sea  Advisory  Council,  The  North  Western  Waters 
Advisory Council, the South Western Waters Advisory Council, the Pelagic Advisory Council and the Long Distance Advisory 
Council, the International Council for the Exploration of the Sea, who replied that they could not participate in such survey, the 
Scientific,  Technical  and  Economic  Committee  for  Fisheries,  the  National  correspondents  and  the  chairs  of  the  Regional 
Coordination Groups (Data Collection Framework), the Commission Expert Group for Fisheries and Aquaculture, the Fisheries 
attachés, the Marine Strategy Framework Directive experts, the Marine expert group. 

11 Available at https://www.ices.dk/advice/Pages/Latest-Advice.aspx. 

12 Scientific, Technical and Economic Committee for Fisheries (STECF) - Evaluation of Evaluation of joint recommendations on 
the  landing obligation,  technical measures,  and  conservation  measures  necessary  for  compliance  with obligations under  Union 
the  European  Union,  Luxembourg,  2024, 
environmental 
https://stecf.jrc.ec.europa.eu/documents/d/stecf/stecf_24-04_review-jrs-on-lo-tm-and-cm. 

(STECF-24-04).  Publications  Office  of 

legislation 

13 Report from the Commission to the European Parliament and the Council. Implementation of the Technical Measures Regulation 
(Article 31 of Regulation (EU) 2019/1241) (COM/2021/583 final). Report from the Commission to the European Parliament and 
the Council. Implementation of the Technical Measures Regulation (Article 31 of Regulation (EU) 2019/1241) (COM/2024/349 
final). 

14 Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries 
resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, 
(EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 
of  the  European  Parliament  and  of  the  Council,  and  repealing  Council  Regulations  (EC)  No 894/97,  (EC)  No 850/98,  (EC) 
No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105). 

4 

 
 
 
 
(5) information held by the Commission. 

It aims to draw conclusions at the 5 and 4-year mark into the implementation of the North Sea and 
Western Waters MAPs. 

The report focuses on developments since 2019 and 2020 respectively in five main areas, namely:  
(i) fishing opportunities since 2019 and 2020; (ii) developments in the implementation of both the 
MAPs in the EU-United Kingdom (UK), EU-Norway (NO) and EU-NO-UK consultations; (iii) 
mixed  fishery  considerations  in  the  North  Sea  and  Western  Waters;  and  (iv)  socio-economic 
developments/considerations. 

Information on the landing obligation and the minimisation of unwanted catches, the ecosystem-
based approach to fisheries management and regional cooperation under the regionalisation policy 
can be found in the accompanying staff working document (SWD (2024) 218 final). 

3.1  FISHING OPPORTUNITIES SET SINCE 2019 AND 2020 

This section describes developments in a number of fish stocks and fisheries. The graphs in figures 
1 and 2  show developments in fish stocks whose management is shared with the UK, which before 
the UK’s withdrawal from the EU on 31 January 2020 were solely managed by the EU. The graphs 
also cover certain stocks whose management is shared with Norway. The advice received from 
ICES has varied over the years. For some stocks that previously received ‘precautionary advice’, 
the Commission received ‘MSY advice’, while for other stocks that had previously received MSY 
advice, ICES provided precautionary advice . For the stocks managed by the EU on its own in 
2020, all three of the three fishing opportunities were set at MSY in the Skagerrak / Kattegat / 
North Sea, which was also the case in 2024. 

In 2020, all five of the five fishing opportunities were set at MSY in the Western Waters while in 
2024, ten of the eleven fishing opportunities were set at MSY. This increase was thanks to the 
significant efforts of fishers and Member States in the management of fish stocks. 

The graph below (Figure 1) shows the increase of stocks with MSY advice, in particular in 2020-
2024 since the start of application of the MAPs. 

5 

 
 
 
Figure 1: number of target stocks in the North Sea and the Western Waters MAPs receiving MSY advice 
and precautionary advice since the Basic Regulation started to apply (Source: data extracted from ICES 
advice).

6 

 
 
 
The graph below (Figure 2) shows how – since the implementation of the Basic Regulation and 
the implementation of both MAPs – ICES has issued an increasing amount of MSY advice for 
MAPs target stocks in the South Western Waters, the North Western Waters and the North Sea. 
This is one positive effect of having the MAPs in place, as it has become a common goal to improve 
scientific advice, especially for the target stocks under the MAPs, but also for the by-catch stocks. 
Such an improvement was also possible thanks to the commitment of fishers to deliver better data 
to inform the scientific process. 

Some fluctuations in the overall number of stocks that received MSY advice may be detected (e.g. 
South Western Waters), which may be due to a benchmark process revising or updating the basis 
of  the  advice.  However,  overall,  we  can  conclude  from  the  graph  below  that  MSY  advice  has 
increased over time. 

Figure 2: percentage of target stocks in the North Sea and Western Waters MAPs (including South 
Western Waters (SWW), North Western Waters (NWW) and the North Sea (NS)) receiving MSY 
advice over time (Source: data extracted from ICES advice). 

In  the  TAC-setting  exercises,  conducted  since  the  MAPs  entered  into  force  in  2019  and  2020, 
many TACs were set in line with MSY. Moreover, on precautionary advice, the Commission has 
proposed TAC levels that over the years, and in particular since 2019, have become progressively 
closer to the levels advised by ICES. 

Since the Basic Regulation entered into force in 2014, the number of fishing opportunities set by 
the  Council  has  increased.  This  is  in  line  with  scientific  advice  for  the  target  stocks  under  the 
MAPs  (see  Figure  3).  This  number  has  continued  to  grow  since  the  MAPs  for  2019  and  2020 
started to apply. Prior to 2019 and 2020, the Commission proposed and/or the Council decided to 

7 

 
 
 
 
set  the  TACs  above  the  levels  proposed  in  the  scientific  advice  for  a  number  of  precautionary 
advice target stocks. Since 2020, however, the number of such cases has decreased and they only 
occur to take relevant stock-specific factors into account. The graph below (Figure 3) shows this 
development for all target stocks under the North Sea and Western Waters MAPs. 

45

40

35

30

25

20

15

10

5

0

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

TAC in line with advice

TAC set above advice

Figure 3: number of TACs set in line with the scientific advice (blue bar) compared to TACs set above the 
scientific advice (orange bar) since the Basic Regulation entered into force. Only the target stocks under 
the North Sea and Western Waters MAPs are considered. 

8 

 
 
 
The graph below (Figure 4) shows how the TACs set in line with the scientific advice have changed 
over time since the Basic Regulation started to apply in three sea basins, namely: (i) the North Sea; 
(ii) North Western Waters; and (iii) South Western Waters. Only the target stocks under the North 
Sea and Western Waters MAPs are considered. 

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

SWW

NWW

NS

Figure 4: TACs set in line with the scientific advice since the Basic Regulation started to apply in: (i) the 
North Sea (NS); (ii) North Western Waters (WW); and (iii) South Western Waters (SWW). Only the target 
stocks under the North Sea and Western Waters MAPs are considered. 

9 

 
 
 
The graph below (Figure 5) shows that for many fish stocks the fishing pressure has dropped 
since the North Sea and the Western Waters MAPs began to apply in 2019 and 2020. Today, 
therefore, fewer stocks are below ‘Blim’15 and biomass indicators are available for more stocks. 
This is again thanks to the commitment of fishers and Member States to continuously improve 
the delivery of data that contributes to the scientific process. 

Figure  5:  status  of  the  target  stocks  under  the  North  Sea  and  Western  Waters  MAPs  since  the  Basic 
Regulation started to apply. SSB means ‘spawning stock biomass’. 

EXAMPLES OF POSITIVE DEVELOPMENTS 

The MAPs continue to contribute to positive developments for a number of fisheries, which began 
with the reformed CFP (2013). These fisheries saw the TACs levels increase, and over time they 
could rely on healthier stocks (Figure 5). Key examples include: (i) Norway lobster in the Irish Sea 
and Celtic Sea (an increase of more than 12% between 2020 and 2024); (ii) whiting in the North 

15 ‘Blim’ means the spawning stock biomass reference point provided for in the best available scientific advice, […], below which 
there may be reduced reproductive capacity as defined in the North Sea and Western Waters MAPs. 

10 

 
 
 
 
 
Sea (an increase of 346% between 2019 and 2024); (iii) haddock in the North Sea (an increase of 
250% between 2019 and 2024); (iv) plaice in the North Sea (an increase of almost 9% between 
2019 and 2024); (v) and haddock in Skagerrak (an increase of 250% between 2019 and 2024). 

These results could not have been achieved without fishers and other stakeholders committing to 
managing their fish stocks, which are ultimately their source of income, responsibly. Improvements 
were also due to the active involvement of the Advisory Councils in the regionalisation process. 

The  below  chapters  on  the  North  Sea,  Skagerrak-Kattegat  and  on  the  Iberian  Sea  provide  an 
overview of the developments in these sea basins. 

NORTH SEA AND SKAGERRAK-KATTEGAT 

From the first year of application of the North Sea MAP, fishing opportunities for haddock in the 
Skagerrak and Kattegat increased by 250% between 2019 and 2024. 

IBERIAN SEA AND THE USE OF THE MSY UPPER RANGE FLEXIBILITY 

In the mixed whitefish fishery of southern hake, anglerfish and megrim, ICES recognised southern 
hake to be the limiting factor and assessed it as being in a good state16 (including above the MSY 
Btrigger)17. This meant that the legal conditions set out in Article 4(5) of the Western Waters MAP 
for the use of the MSY upper range were met. To give fishers more flexibility and allow them to 
better use their quotas for the other whitefish species, the Commission proposed for 2020, 2022, 
2023 and 2024 to set the TAC for southern hake in the MSY upper range. The Council agreed to 
these proposals. However, for 2021, the TAC was set in line with the precautionary advice. Then 
in 2022 the TAC reverted to the MSY upper range after a benchmark was established18. 

Fishing opportunities for Iberian whitefish stocks of anglerfish, megrim and Norway lobster caught 
together with southern hake in a mixed whitefish fishery have also increased on the whole since 
2022. 

As part of the stakeholder consultation carried out for the preparation of this report, the French 
National  Committee  for  Maritime  Fisheries  and  Aquaculture  (Comité  national  des  pêches 
maritimes et des élevages marins, CNPMEM) confirmed that the MAPs allow for flexibility in 
setting fishing opportunities, especially in mixed fisheries to avoid choke situations. However, the 
Committee regretted that the flexibility was not used during the TAC- and quota-setting exercise 
at the Council. The South Western Waters Advisory Council (SWWAC) would favour a wider use 
of upper MSY ranges for economic reasons. Some scientists who responded to the consultation 

16 ICES. 2023. Iberian Waters mixed-fisheries considerations. In Report of the ICES Advisory Committee, 2023. ICES Advice 
2023, https://doi.org/10.17895/ices.advice.24212058. 

ICES. 2024. Hake (Merluccius merluccius) in divisions 8.c and 9.a, Southern stock (Cantabrian Sea and Atlantic Iberian waters). 
In Report of the ICES Advisory Committee, 2024. ICES Advice 2024, https://doi.org/10.17895/ices.advice.25019306. 

17MSY Btrigger is the biomass level below which management action is to be taken to allow a stock to rebuild above the level capable 
of producing MSY in the long term. 

18  ICES.  2023.  Benchmark  workshop  on  anglerfish  and  hake  (WKANGHAKE;  outputs  from  2022  meeting).  ICES  Scientific 
Reports. 5:17. 354 pp. https://doi.org/10.17895/ices.pub.20068997. 

11 

 
 
 
believe that the effect is neutral and that FMSY (‘MSY point’) should be the objective for setting 
the TAC and not the MSY ranges. 

The  CNPMEM,  the  North  Western  Waters  Advisory  Council  (NWWAC),  the  North  Western 
Waters Member States Group, two members of the STECF and the regional coordination group 
for data collection found that the implementation of the North Sea and the Western Waters MAPs 
helped increase the number of TACs managed in line with MSY. 

The Commission finds that the MAP rules have provided some flexibility on managing stocks for 
which ranges have been provided. A good example is southern hake in the Bay of Biscay and the 
Iberian Sea presented above. Reacting to the view of the CNPMEM, who would like to see more 
flexibility in the Council negotiations, the Commission pointed out that it already makes full use 
of the flexibility  given by the MAPs for all cases in  the  Atlantic Sea basin  in  its  proposals for 
fishing opportunities. In other words, all TACs are proposed either at MSY point or, where the 
legal conditions are met, the Commission proposes the TAC at MSY upper level. 

3.1.1  LIMITATIONS 

BAY OF BISCAY FISHERIES 

The sustainable management by fishers, scientists and Member States of the Bay of Biscay stocks 
ensures  stable  fishing  opportunities,  which  in  turn  provides  a  good  economic  basis  for  coastal 
communities in this region. However, in the last 3 years, there has been a sharp drop in fishing 
opportunities in this sea basin for certain stocks. The first drop occurred in 2022 when the TAC 
for sole in the Bay of Biscay had to be lowered by 36% to reduce the fishing pressure and keep the 
stock in line with MSY. The Council agreed to the Commission's proposal for this reduction. The 
TAC was then increased by 20% in 2023. 

In 2023, ICES was able to provide MSY advice for pollack in the Bay of Biscay and Iberian waters. 
The  advice  was  to  decrease  the  three  TACs  by  53%,  which  had  to  be  implemented  entirely 
(although it represented only a 4% decrease compared to the previous ICES advice). Pollack is a 
by-catch stock under the Western Waters MAP, for which Article 5(3) on ‘choke species’ requires 
that the difficulty to fish all stocks at MSY at the same time is taken into account, especially in 
situations where that leads to a premature closure of the mixed fishery. It became clear that the 
TAC for this  stock had to  either be set  in  line with  the newly  assessed MSY value or a choke 
evaluation had to be carried out by STECF for 2024 based on the relevant data submitted by those 
Member States that claimed a severe decrease of pollack would cause such a choke situation for 
their fleets. The decision was taken to reduce the TAC by 35% in 2024 as STECF confirmed the 
risk of a choke situation for other healthier fisheries, where pollack is either a by-catch or where it 
is caught together with other healthier stocks in a mixed fishery. 

For other fisheries in the Bay of Biscay, the Commission also had to propose significant reductions 
for the fishing year 2024 in line with ICES advice, namely a 41% reduction for whiting, a 14% 
reduction for Norway lobster, a 7% reduction for sole and a 22% reduction for southern seabass, 

12 

 
 
 
in  order  to  keep  these  fisheries  sustainable  and  in  line  with  MSY.  The  Council  agreed  to  the 
Commission’s proposal in all cases. 

Sole and Norway lobster fisheries were managed sustainably in line with MSY in previous years, 
while  pollack  and  whiting  fisheries  -  species  newly  assessed  at  MSY  -  encountered  major 
reductions in their TACs. Fishers questioned whether other factors outside of fishing had impacted 
these stocks negatively and claimed that the MAPs are too focused on a short-term delivery instead 
of applying gradual decreases. On this topic, the Commission notes that ICES highlighted in its 
latest  ecosystem  overview  the  proportional  increase  of  natural  mortality  in  fish  stocks  in  the 
ecoregion, due to factors other than fishing – whose pressure has constantly been reduced since 
the 1990s – and those other factors are mainly predation and climate change19. It is normal to have 
variations in stock size and in their biological parameters, which then lead to certain decreases or 
increases in the relevant quotas. 

The Commission acknowledges the continued efforts of both the fishing sector and stakeholders 
to reduce the pressure on fish stocks and to follow scientific advice. The MAPs require that TACs 
are set in line with MSY each year and do not allow for a step-wise approach, which would enable 
gradual decreases in stocks that have previously been managed sustainably at MSY level. 

3.2  STOCKS JOINTLY MANAGED WITH COASTAL STATES IN THE NORTH EAST ATLANTIC AND, IN 

PARTICULAR, WITH THE UNITED KINGDOM AND NORWAY IN MIXED FISHERIES 

While the MAPs continue to provide a useful basis to set EU positions in annual consultations 
with non-EU countries on jointly managed stocks, in particular in situations where ICES issues 
zero-catch advice, the actual level of the TAC is subject to consultations. The report however also 
covers the application of the MAPs before the UK’s withdrawal from the EU. 

For hake, northern stock (Greater North Sea, Celtic Seas, and the northern Bay of Biscay), the 
development of the stock shows that it has recovered since the early 2000s and has also expanded 
its distribution, becoming more prominent in the North Sea than previously. The hake stock was 
benchmarked in 2022. 

The TAC, negotiated with the UK, is set using the ranges of the Western Waters MAP. The TAC 
is  set  at  MSY point. However, the EU has made use of the provisions under the MAP  to  limit 
reductions  to  20%  in  the  MSY  upper  range  in  cases  where  the  advice  was  for  an  even  greater 
reduction in 2022. Northern hake is also part of the negotiations with Norway. 

The NWW AC regrets that the MSY ranges have not been used in setting fishing opportunities for 
the North Western Waters. The Commission believes that ranges have been used, where the legal 
conditions for their use were fulfilled. 

19 ICES. 2022. Bay of Biscay and the Iberian Coast ecoregion – Ecosystem overview. In Report of the ICES Advisory Committee, 
2022. ICES Advice 2022, Section 6.1, https://doi.org/10.17895/ices.advice.21731579. 

13 

 
 
 
 
Under the Trade and Cooperation Agreement20, the EU and the UK can consider developing multi-
year strategies for conservation and management together, which would be the basis to set both 
the TACs and other management measures. Such strategies are the subject of ongoing discussions 
in the Specialised Committee on Fisheries. 

3.3  MIXED FISHERY REALITY IN THE NORTH SEA AND WESTERN WATERS 

The EU waters of the North Sea and Western Waters are characterised by a mixed fishery reality, 
where fisheries target commercially-valuable and healthier fish stocks such as Norway lobster in 
the Kattegat, haddock in the Celtic Sea, haddock in the West of Scotland and northern hake. These 
fisheries, however, have unavoidable by-catches of other fish stocks that can sometimes be under 
a much higher pressure than the healthier target stocks. Examples include unavoidable by-catches 
of ailing Celtic Sea cod and whiting in the healthy haddock fishery in that sea basin, ailing red sea 
bream as a by-catch of the healthy northern hake fishery caught with longliners in the Celtic Sea 
and of ailing cod as an unavoidable by-catch of Norway lobster in the Kattegat.  

These are just some examples that illustrate the mixed fisheries reality in European waters. In such 
a mixed fisheries environment, Articles 4 and 5 of the North Sea and Western Waters MAPs apply 
to ‘choke species’ and provide for the need to take into account the difficulty to fish all stocks at 
MSY at the same time. However, measures do need to be taken to decrease, as much as possible, 
unavoidable  by-catches.  By  including  specific  measures  to  decrease  such  by-catches,  the 
multiannual plans have contributed to achieving this objective (see examples below). 

The  North  Western  Waters  Member  States  Group  recognises  that  the  North  Sea  MAP  was 
beneficial in avoiding choke situations by managing mixed fisheries. 

Some concrete examples on how mixed fisheries have been managed are given below for various 
sea basins. 

3.3.1  KATTEGAT  

Examples of measures under the North Sea MAP to protect certain stocks in the Kattegat include 
the proposal to set the TAC for Norway lobster in the Skagerrak and Kattegat in the MSY lower 
range, in line with Article 4(4) of the North Sea MAP, in order to keep unavoidable by-catches of 
Kattegat cod in the Norway lobster fishery to a minimum. The Council agreed to the Commission’s 
proposals only in 2020, 2022 and 2024. However, it set the TAC in the MSY lower range in all 
the other years as well. 

Remedial  measures  for  Kattegat  cod  have  also  been  in  place  since  2020.  They  include  the 
introduction of more selective gears for bottom trawls, allowing the fishing of Norway lobster with 
the Seltra or Swedish grid only, coupled with a maximum of 1.5% limited by-catch allowance of 

20 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). 

14 

 
 
 
 
 
cod. In addition, to encourage vessels to use remote electronic monitoring to monitor compliance 
effectively with the landing obligation, EU vessels participating in a Member State project for fully 
documented fisheries, may instead use gears in line with the Technical Measures Regulation. 

The benefit of these measures is that the target fishery on Norway lobster has been able to continue, 
while measures for the by-caught cod have been put in place. In this respect, ICES cannot estimate 
the proportion of the mortality that is linked to fishing (and therefore not natural), or migration to 
the North Sea after using the Kattegat as a nursery ground). ICES advice and technical service also 
refer to the need to use more selective gears. 

3.3.2  CELTIC SEA EXAMPLES 

Measures  in  the  Western  Waters  MAP  to  protect  by-caught  stocks  in  the  Celtic  Sea  include 
proposing the TAC for haddock in  the MSY lower range based on Article 4(3) of the Western 
Waters MAP, in order to keep unavoidable by-catches of cod and whiting in the haddock fishery 
- both target stocks under the Western Waters MAP - to a minimum. The Council agreed to the 
Commission’s proposal for 2020, which was the last year before the UK’s withdrawal from the 
EU. For 2021, the Council set provisional TACs and there was a subsequent agreement on the 
TACs with the UK in the second half of 2021. As of 2021, these stocks have been negotiated under 
the EU-UK consultations. 

Additional remedial measures for Celtic Sea cod and whiting, both target stocks under the Western 
Waters  MAP,  were  proposed  by  the  Commission  for  2020  under  the  Fishing  Opportunities 
Regulation  based  on  Article 8  of  the  Western  Waters  MAP.  They  include  intrinsically  linked 
technical measures and a by-catch quota for cod in the Celtic Sea at a level which would provide 
protection to by-catch stocks, while still allowing the target  fishery on haddock to continue. In 
terms of the TAC, the Commission proposed an 88% decrease in line with the MSY point and 
ICES advice rule. As this would have given a low TAC of 189 tonnes for cod, which would have 
choked  other  whitefish  fisheries  in  the  Celtic  Sea,  the  Council  decided  to  not  follow  the 
Commission’s proposal for the TAC and instead set the TAC at 805 tonnes to avoid an early choke 
situation of other whitefish fisheries in the Celtic Sea. This TAC still allowed for a substantial 
increase  in  the  biomass.  The  Council  also  introduced  more  selective  fishing  methods  for  the 
whitefish fisheries in the Celtic Sea intrinsically linked to the Fishing Opportunities Regulation 
for 2020. Without those intrinsically linked measures, the TAC would have had to be lower. The 
measures in that Regulation have subsequently been replaced by a delegated act21 based on a joint 

21 Commission Delegated Regulation (EU) 2021/2324 of 23 August 2021 amending Regulation (EU) 2019/1241 of the European 
Parliament and of the Council as regards technical measures for certain demersal and pelagic fisheries in the Celtic Sea, the Irish 
Sea and the West of Scotland (OJ L 465, 29.12.2021, p. 1). 

Commission Delegated Regulation (EU) 2022/2588 of 20 October 2022 amending Regulation (EU) 2019/1241 of the European 
Parliament and of the Council as regards technical measures for certain demersal and pelagic fisheries in the Celtic Sea, the Irish 
Sea and the West of Scotland (OJ L 338, 30.12.2022, p. 44). 

Commission Delegated Regulation (EU) 2024/492 of 30 November 2023 amending Regulation (EU) 2019/1241 of the European 
Parliament and of the Council as regards the prolongation of technical measures for certain demersal and pelagic fisheries in the 
Celtic Sea, the Irish Sea and the West of Scotland (OJ L, 2024/492, 13.2.2024, ELI: http://data.europa.eu/eli/reg_del/2024/492/OJ). 

15 

 
 
 
 
recommendation from the North Western Waters Member States Group (NWW MSG) adopted in 
2020, which contains other more selective fishing methods. 

Another  example  in  the  Celtic  Sea  is  red  seabream,  which  is  an  unavoidable  by-catch  in  the 
northern hake fishery caught with longlines. ICES advised zero catches for this stock, since they 
considered it to be depleted22. However, this would have meant a choke situation for the northern 
hake fishery. Therefore, a low TAC exclusively for by-catches was set for 2023 and 2024 in order 
to keep the northern hake fishery open in this sea basin and to protect as much as possible the by-
caught  red  seabream.  Furthermore,  the  NWW  MSG  agreed  on  a  joint  recommendation  to 
implement  minimum  conservation  reference  sizes  for  red  seabream  caught  in  commercial  and 
recreational  fisheries  and  closed  areas  in  order  to  better  protect  red  seabream  spawners  and 
juveniles. Based on this joint recommendation, the Commission adopted a technical measure in 
the form of a delegated act for 2023, which was extended to 202423. 

One industry organisation (CNPMEM)  has  criticised the MAP  as being  too  rigid  on the list  of 
target stocks and has stated that there is no clear criteria on what makes a target stock. 

It is important to note that in the discussions on the MAPs, the Commission proposed that the co-
legislators delegate powers to the Commission to amend the lists of target stocks. However, the 
co-legislators did not agree with the Commission’s proposal, and decided to retain their power to 
amend the list of target stocks. 

3.4  COURT OF JUSTICE JUDGMENT IN CASE C-330/22 

In  its  judgment  of  11 January 202424,  the  Court  of  Justice  of  the  European  Union  (the  Court) 
confirmed the validity of the Fishing Opportunities Regulation for 202025, insofar as it set four 
TACs exclusively for unavoidable by-catches above ICES zero-catch advice. The Court held that 
the Council had a margin of discretion to set those TACs for by-catch stocks above scientifically 
recommended  levels  in  order  to  reconcile  the  objective  of  continuing  mixed  fisheries  with 
achieving a good biological status for the stocks concerned. At the same time, the Court ruled that, 
for stocks listed as ‘target’ under the MAPs, the obligation to reach and maintain MSY after 2020 
‘applies strictly and without exception’. 

22 ICES. 2022. Blackspot seabream (Pagellus bogaraveo) in subareas 6-8 (Celtic Seas, the English Channel, and Bay of Biscay). 
In Report of the ICES Advisory Committee, 2022. ICES Advice 2022, https://doi.org/10.17895/ices.advice.19453802. 

23  Commission  Delegated  Regulation  (EU)  2023/56  of  19 July  2022  amending  Regulation  (EU)  2019/1241  of  the  European 
Parliament and of the Council as regards specific technical measures for red seabream (Pagellus bogaraveo) in ICES subareas 6 to 
8 (OJ L 5, 6.1.2023, p. 1). 

Commission Delegated Regulation (EU) 2024/491 of 30 November 2023 amending Regulation (EU) 2019/1241 of the European 
Parliament and of the Council as regards the prolongation of specific technical measures for red seabream (Pagellus bogaraveo) in 
ICES subareas 6 to 8 (OJ L, 2024/491, 13.2.2024, ELI: http://data.europa.eu/eli/reg_del/2024/491/oj. 

24  Judgment  of  11 January 2024,  Friends  of  the  Irish  Environment  (Possibilités  de  pêche  supérieures  à  zéro),  C-330/22, 
EU:C:2024:19. 

25 Council Regulation (EU) 2020/123 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 L 25, 30.1.2020, p. 1). 

16 

 
 
 
4  ECOSYSTEM-BASED APPROACH 

Article 2(3)  of  the  Basic  Regulation  states  that  the  CFP  must  implement  the  ecosystem-based 
approach to fisheries management to reduce negative impacts of fishing activities on the marine 
ecosystem.  Article 3(3)  of  the  MAPs  provide  that  the  MAPs  must  be  coherent  with  EU 
environmental law and in particular with the objective of achieving good environmental status by 
2020 as required by the Marine Strategy Framework Directive (MSFD)26. The MSFD provides 11 
qualitative descriptors for determining good environmental status. The MAPs aim to ensure that 
the conditions of descriptor 3 (as the one most relevant for fisheries management) are  met and 
contribute to  meeting the other relevant  descriptors in  proportion to the relative role played by 
fisheries. 

Descriptor 3 is directly linked to the fixing of fishing opportunities. It reads ‘the populations of all 
commercially exploited fish and shellfish are within safe biological limits, exhibiting a population 
age and size distribution that is indicative of a healthy stock.’ Fishing activities have an impact on 
the descriptors relating to: (1) biological diversity; (4), the food web; (6) sea-floor integrity; and 
(10) marine litter. The contribution of fishing to the other descriptors is at best indirect and/or not 
substantial27. 

ICES indicates that fishing mortality has been in constant decline since the 1990s and now stands 
on average below FMSY

28. 

Fisheries have the potential to catch protected species, such as seabirds and marine mammals29. 
The 2013 CFP reform offered new ways for stakeholders and Member States of a particular region 
to work together to agree on bespoke measures for their sea basins. 

5  LANDING OBLIGATION 

A key objective of the reformed CFP (2013) is to implement the landing obligation and gradually 
eliminate discards by avoiding and reducing unwanted catches. The landing obligation applies to 
species managed by a TAC, which has been in force since January 2019. 

On the landing obligation, stakeholders responding to the consultation reported that while there is 
evidence for a reduction in discards, the landing obligation has not met its objective, and the main 

26  Directive  2008/56/EC  of  the  European  Parliament  and  of  the  Council  of  17 June 2008  establishing  a  framework  for  the 
community action in the field of marine environmental policy (OJ 164, 25.6.2008, p. 19). 

27  The  other descriptors  are:  (2)  introduction of  non-indigenous  species;  (5)  human-induced  eutrophication;  (7)  hydrographical 
conditions; (8) level of contaminants in the sea; (9) level of contaminants in fish and seafood; (11) introduction of energy including 
underwater noise. 

28 ICES. 2022. Bay of Biscay and the Iberian Coast ecoregion – Fisheries Overview. In Report of the ICES Advisory Committee, 
2022. ICES Advice 2022, Section 6.2. https://doi.org/10.17895/ices.advice.21641396. 

29 ICES. 2022. Bay of Biscay and the Iberian Coast ecoregion – Ecosystem overview. In Report of the ICES Advisory Committee, 
2022. ICES Advice 2022, Section 6.1, https://doi.org/10.17895/ices.advice.21731579. 

17 

 
 
 
 
challenge  remains  to  make  the  landing  obligation  workable  under  the  legal  framework  while 
encouraging  a  change  in  fishing  patterns  towards  further  selectivity.  Despite  this,  considerable 
efforts  have  been  made  by  the  fisheries  sector  since  the  landing  obligation  was  introduced  to 
understand and then implement this policy, to actively engage with research institutes to develop 
ways of avoiding and reducing unwanted catches, and to improve their general knowledge of these 
species (including survivability). 

On  a  positive  note,  stakeholders  confirm  that  the  landing  obligation  has  stimulated  scientific 
research to develop more selective gears and fishing patterns. However, for the mixed demersal 
fisheries, stakeholders believe that there will be a limit to the degree of selectivity. 

The Commission considers that the ongoing problem of discards is a control and enforcement issue 
to be addressed within the EU’s fisheries control system. The MAPs were not designed to resolve 
that problem. 

6  REGIONAL COOPERATION 

Regional cooperation is one of the central strands of the CFP. Its main goal is to take better account 
of the differences between the various sea basins and to integrate stakeholders more into fisheries 
management,  making  use  of  their  knowledge  and  experience.  Ultimately,  a  more  direct 
involvement of stakeholders in the formulation and implementation of management measures will 
lead to a greater sense of shared ownership and commitment to compliance with the measures. 
Through  regional  cooperation,  stakeholders  with  a  direct  management  interest  can  support  the 
adoption of conservation measures, such as MAPs and discard plans. This is achieved mostly by 
means of advisory councils and Member States’ groups. 

The  stakeholder  consultation  provided  useful  feedback  on  how  regional  cooperation  under  the 
MAPs works in practice. It revealed the commonly held view that the MAPs provide the necessary 
legal  framework  to  enable  regional  cooperation.  For  instance,  the  NWWAC  and  the  STECF 
members had a positive perception on the increasing cooperation among relevant stakeholders30. 
Over time, the joint recommendations provided gradually more technical evidence and practical 
knowledge, as well as bespoke sea basin measures. The Member States regional groups could also 
benefit from a greater involvement of stakeholder and scientists. In this sense, the Fisheries and 
Oceans Pact announced in the 2024 CFP report31 calls on Member States to make progress on CFP 
governance for the benefit of all stakeholders concerned and society at large. 

30 Two Members of the STECF replied to the stakeholder consultation. 

31 Communication from the Commission to the European Parliament and the Council. Sustainable fishing in the EU: state of play 
and orientations for 2025 (COM/2024/235 final). 

18 

 
 
 
 
 
7  SOCIO-ECONOMIC DEVELOPMENT 

7.1  NORTH SEA 

Based on the 2023 STECF annual economic report on the EU fishing fleet32, no Member State 
fleet is entirely dependent on the region for its fishing activity. Based on the value of landings, the 
North Sea and the East Atlantic is a key fishing region for Denmark (86% of total landings), the 
Netherlands (83%), Germany (61%), Sweden (70%) and Belgium (32%). 

7.2  NORTH WESTERN WATERS (NWW) 

According to the STECF report, based on the value of landings, the French and Irish fisheries have 
the highest level of landings in the NWW. However, Ireland has the highest total percentage of 
national landed value from the region at 90% indicating their high dependency on this area (97% 
of the days-at-sea take place in these waters). Belgium (54%) and France (29%) also have a high 
dependence on the area in terms of days-at-sea. While Ireland and Belgium have high dependency, 
the highest share of fishing is carried out by France and Ireland. 

7.3  SOUTH WESTERN WATERS (SWW) 

According to the STECF report, the main fleets operating in the region were the Spanish, French 
and Portuguese fleets. Besides those, six more EU fleets operated in the region in 2021: Belgium, 
Germany, Denmark, Ireland, Lithuania and the Netherlands, but their fishing activity in the region 
was limited (the total effort share of these Member States was 0.16% and landings were 1.12% in 
value and 2.23% in weight of the region totals). Based on the value of landings, Spain produced 
the most from the region, followed by Portugal and France. Spain has the highest total percentage 
of national landed weight from the region (51%), followed by Portugal (32%) and France (15%). 
Portugal is the country that most depends on these waters: 98% of the Portuguese fleet effort occurs 
in the SWW, producing 85% and 82% of the total value and weight of landings, respectively. 

8  DELEGATION OF POWERS CONFERRED TO THE COMMISSION BY THE NORTH SEA AND 

WESTERN WATERS MAPS AND BY THE DEEP-SEA ACCESS REGULATION 

The  North  Sea  and  Western  Waters  MAPs  delegate  to  the  Commission  the  power  to  adopt 
delegated  regulations  for  stocks  covered  by  the  MAPs  following  changes  in  the  geographical 
distribution  of  the  stocks  (Article 1(1)  of  the  North  Sea  and  Western  Waters  MAPs),  remedial 
measures (Article 8 of the MAPs), technical measures (Article 9 of the MAPs), implementation of 
the landing obligation (Article 11 of the North Sea MAP and Article 13 of the Western Waters 

32 Scientific, Technical and Economic Committee for Fisheries (STECF) - The 2023 Annual Economic Report on the EU Fishing 
Fleet (STECF 23-07), Prellezo, R., Sabatella, E., Virtanen, J., Tardy Martorell, M. and Guillen, J. editor(s), Publications Office of 
the European Union, Luxembourg, 2023, https://publications.jrc.ec.europa.eu/repository/handle/JRC135182. 

19 

 
 
 
 
 
 
 
MAP),  and  limits  regarding  the  total  capacity  of  the  fleets  of  Member  States  concerned 
(Article 14(2) of the Western Waters MAP). 

To date, the Commission has never used those powers, except to implement the landing obligation. 
For technical measures, the empowerment has been superseded since 2019 by the more specific 
one laid down in Article 15 of the Technical Measures Regulation. Regarding the implementation 
of the landing obligation, the Commission has adopted eight delegated regulations under the North 
Sea MAP and nine under the Western Waters MAP. 

The Deep-Sea Access Regulation (Article 9(7)) delegates to the Commission the power to amend 
the  list  of  vulnerable  marine  ecosystems  (VME)  indicator  species.  However,  to  date,  the 
Commission has never used that empowerment. 

20 

 
 
9  GLOSSARY 

AC: Advisory Council 

CFP: Common fisheries policy 

CNPMEM: Comité National des Pêches Maritimes et des Élevages Marins 

FMSY: Fishing mortality consistent with maximum sustainable yield 

ICES: International Council for the Exploration of the Sea 

MSG: Member States Group 

MAP: Multiannual plan 

MSY: Maximum sustainable yield 

NWW: North Western Waters 

NWWAC: North Western Waters Advisory Council 

SSB: Spawning stock biomass 

STECF: Scientific, Technical and Economic Committee for Fisheries 

SWW: South Western Waters 

SWWAC: South Western Waters Advisory Council 

TAC: Total allowable catch 

21