Proposal for a COUNCIL DECISION amending Council Decision 2021/1875 of 22 October 2021 concerning the position to be adopted on behalf of the Union in the annual consultations with the United Kingdom to agree on total allowable catches
Date: 2026-06-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: United Kingdom, authorised catch, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, sustainable fisheries

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   EUROPEAN COMMISSION  Brussels, 23.6.2026  COM(2026) 295 final 2026/0159 (NLE)  Proposal for a COUNCIL DECISION amending Council Decision 2021/1875 of 22 October 2021 concerning the position to be adopted on behalf of the Union in the annual consultations with the United Kingdom to agree on total allowable catches  
 
EXPLANATORY MEMORANDUM 

SUBJECT MATTER OF THE PROPOSAL 

1. 
This  proposal  concerns  an  amendment  to  Council  Decision  2021/18751  concerning  the 
position  to  be  adopted  on  behalf  of  the  Union  in  the  annual  consultations  with  the  United 
Kingdom to agree on total allowable catches.  

This proposal seeks to amend Decision (EU) 2021/1875 by extending its application until 30 
June 2038. 

2. 

CONTEXT OF THE PROPOSAL 

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  (‘the  Trade  and  Cooperation  Agreement’)2  entered  into 
force  on  1  May  2021,  and  establishes  that  the  Union  and  the  United  Kingdom  are  to  hold 
annual consultations to agree on TACs applicable to shared stocks for the following year or 
years  pursuant  to  Article  498.  The  Commission,  on  behalf  of  the  Union,  engages  in  these 
annual consultations with the United Kingdom. 

On  22  October  2021,  the  Council  adopted  Decision  (EU)  2021/1875,  which  sets  out  the 
procedure, as well as the principles and orientations of the position to be adopted on behalf of 
the Union in the annual  consultations with the United Kingdom  on fishing opportunities for 
shared  stocks,  including  deep-sea  stocks,  under  Article  498  of  the  Trade  and  Cooperation 
Agreement.  In  particular,  Decision  (EU)  2021/1875  authorises  the  Commission  to  conduct 
those consultations and provides that the Union position shall be based on the best available 
scientific advice, the precautionary approach, and the objective of restoring and maintaining 
populations  above  levels  capable  of  producing  maximum  sustainable  yield.  Thus,  Decision 
(EU) 2021/1875 implements the principles and orientations of the Common Fisheries Policy 
(CFP) as laid down in Regulation (EU) No 1380/2013, in particular its Articles 2, 28 and 33. 
It  also  implements  the  provisions  of  multi-annual  plans  as  laid  down  in  Regulation  (EU) 
2018/973  establishing  a  multiannual  plan  for  demersal  stocks  in  the  North  Sea3  and 
Regulation  (EU)  2019/472  establishing  a  multiannual  plan  for  stocks  fished  in  the  Western 
Waters4. 

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Council Decision (EU) 2021/1875 of 22 October 2021 concerning the position to be adopted on behalf 
of the Union in the annual consultations with the United Kingdom to agree on total allowable catches 
(OJ L 378, 26.10.2021, pp. 6–11; ELI: http://data.europa.eu/eli/dec/2021/1875/oj). 
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, , pp. 10–2539; ELI: http://data.europa.eu/eli/agree_internation/2021/689(1)/oj). 
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,  pp.  1–13; 
ELI: http://data.europa.eu/eli/reg/2018/973/oj).  
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 
1–17; 
(EC) 
509/2007 
ELI: http://data.europa.eu/eli/reg/2019/472/oj).  

1300/2008 

25.3.2019, 

and 

(OJ 

pp. 

83, 

No 

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Furthermore, it sets out the principles and arrangements for the preparation and conduct of the 
consultations,  including  coordination  with  the  Council  and  information  to  the  European 
Parliament, and allows for the Union position to be updated in light of new scientific advice 
or developments during the consultations.  

Decision (EU) 2021/1875 was reviewed in July 2023, with the aim of assessing whether the 
Council  Decision  had  been  made  operational  until  that  point  and  whether  the  consultations 
with  the  United  Kingdom  carried  out  were  conducted  in  line  with  the  principles  and 
orientations established therein. The review determined that no revision was necessary and no 
implementation  issues  have  been  identified.  The  annual  consultation  discussions  are 
conducted  in  line  with  the  positions  established  by  the  Council  and  in  compliance  with  the 
principles and orientations established in Decision (EU) 2021/1875. The preparation of annual 
consultation  on fishing  opportunities takes  place  in  the Council Working  Party on  Fisheries 
Policy and follows the process established under Article 2 of Decision (EU) 2021/1875. It is 
considered  that  Decision  (EU)  2021/1875  is  still  fit  for  purpose  and  would  not  require  any 
revision at this stage. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

Pursuant to Article 218(9) of the Treaty on the Functioning of the European Union (TFEU), 
the Council shall adopt, on a proposal from the Commission,  positions to be adopted on the 
Union's behalf in a body set up by an agreement, when that body is called upon to adopt acts 
having  legal  effects,  with  the  exception  of  acts  supplementing  or  amending  the  institutional 
framework of the agreement. Therefore, the positions to be adopted on the Union’s behalf in 
the  annual  consultations  on  fishing  opportunities  with  the  United  Kingdom  pursuant  to  the 
Trade and Cooperation Agreement, are adopted pursuant to Article 218(9) TFEU. 

Decision  (EU)  2021/1875  establishes  the  principles  and  orientations  for  the  position  to  be 
taken  by  the  Union  during  the  annual  consultations  with  the  United  Kingdom  on  fishing 
opportunities,  particularly  the  setting  of  total  allowable  catches  (TACs)  for  shared  stocks, 
while ensuring that the Commission and the Council remain appropriately coordinated. 

Given than Decision (EU) 2021/1875 has proven to be fit for purpose, this proposal aims to 
extend the application of Decision (EU) 2021/1875 until 30 June 2038, so as to establish the 
position  to  be  adopted  on  behalf  of  the  Union  in  the  annual  consultations  with  the  United 
Kingdom, as the outcome of those consultations should be implemented in Union law. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1. Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

4.1.2. Application to the present case 

In  line  with  the  TCA,  the  Union  and  the  United  Kingdom  shall  consult  on  the  joint 
management  of  shared  marine  biological  resources  (in  particular  shared  fish  stocks).  This 
obligation is in line with Article 63 of the United Nations Convention on the Law of the Sea.  

The  annual  consultations  are  needed  for  the  parties  to  agree  on  fishing  opportunities  and 
intrinsically linked conditions pursuant to Articles 498(2), 498(4) (a) to (d) and 498(6) TCA.  

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The  envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1. Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2. Application to the present case 

The  main  objective  and  content  of  the  envisaged  act  relate  to  the  setting  of  annual  fishing 
opportunities for stocks shared between the Union and the United Kingdom.  

Therefore, the substantive legal basis of the proposed decision is Article 43(3) TFEU. 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 43(3) TFEU, in conjunction with 
Article 218(9) TFEU. 

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2026/0159 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Council Decision 2021/1875 of 22 October 2021 concerning the position to be 
adopted on behalf of the Union in the annual consultations with the United Kingdom to 
agree on total allowable catches 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(3), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On 22 October 2021, the Council adopted Decision (EU) 2021/18751, which sets out 
the principles and orientations for the position to be adopted on behalf of the Union in 
the annual consultations with the United Kingdom on fishing opportunities for shared 
stocks,  including  deep-sea  stocks,  pursuant  to  Article  498  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  (the ‘Trade and Cooperation Agreement’)2. In this 
process, the Commission conducts the consultations on behalf of the Union based on 
Union positions specified by the Council under the relevant Treaty provisions, while 
ensuring close  coordination  with  the Council and its preparatory bodies, in  line with 
the principle of sincere  cooperation between  the Union institutions set  out  in  Article 
13(2) of the Treaty on European Union. 

A review of Decision (EU) 2021/1875 took place in July 2023 and concluded that no 
amendments were necessary. Given the absence of any implementation issues having 
been identified since then, Decision (EU) 2021/1875 remains fit for purpose. 

Decision  (EU)  2021/1875  expires  on  30  June  2027.  It  is  therefore  appropriate  to 
extend its application with regard to the position to be taken on the Union’s behalf in 
the annual consultations with the United Kingdom on fishing opportunities for shared 
stocks, as the outcome of those consultations should be implemented into Union law. 

The Commission should conduct a review on the effective implementation of Decision 
(EU) 2021/1875. The review should assess whether any revisions are necessary and if 
appropriate, the review should be accompanied by a proposal for a revision. 

The European Parliament is to be immediately and fully informed, as provided for in 
Article 218(10) of the Treaty on the Functioning of the European Union. 

(6) 

Decision (EU) 2021/1875 should therefore be amended accordingly, 

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Council Decision (EU) 2021/1875 of 22 October 2021 concerning the position to be adopted on behalf 
of the Union in the annual consultations with the United Kingdom to agree on total allowable catches 
(OJ L 378, 26.10.2021, p. 6, ELI: http://data.europa.eu/eli/dec/2021/1875/oj). 
OJ L 149, 30.4.2021, p. 10. 

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HAS ADOPTED THIS DECISION: 

Decision (EU) 2021/1875 is hereby amended as follows: 

(1) 

Article 3 is replaced by the following 

Article 1 

‘This Decision shall apply until 30 June 2038.  

It  shall  be  assessed  as  necessary  and,  where  appropriate,  revised  by  the  Council  upon  a 
proposal from the Commission. A review shall in any event take place by 31 December 
2036.’ 

Article 2 

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

Done at Brussels, 

For the Council 
The President 

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