2025/864

6.5.2025

COMMISSION IMPLEMENTING REGULATION (EU) 2025/864

of 30 April 2025

operating deduction from the Atlantic salmon fishing quota allocated to Finland in 2025 on account of overfishing in 2024

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(1) and (2) thereof,

Whereas:

1.   

Council Regulations allocating to Finland fishing quotas, respectively, for the years 2023, 2024 and 2025

(1) For the fishing year 2024, Council Regulation (EU) 2023/2638 (2) allocated to Finland a fishing quota of 13 945 individuals of Atlantic salmon (

salmo salar

) in Union waters of ICES subdivisions 22 to 31 (SAL/3BCD-F) (‘main basin salmon’).

(2) In accordance with Table 8, footnote 2, first paragraph, of the Annex to Regulation (EU) 2023/2638, the fishing quotas of main basin salmon were exclusively for by-catches and no directed fisheries were permitted. There were two derogations to that rule.

(3) The first derogation was provided for in that Table 8, by the second paragraph of the same footnote 2, according to which fishing operations conducted for the exclusive purpose of scientific investigations could be directed to main basin salmon, provided that those investigations were carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council (3).

(4) The second derogation was provided for in that Table 8, by the third paragraph of the same footnote 2, according to which directed fishing was permitted for Union fishing vessels in ICES subdivision 31 in areas within four nautical miles measured from the baselines during the period from 1 May to 31 August 2024.

(5) Article 10(1) of Regulation (EU) 2023/2638 prohibited recreational fishing of main basin salmon in ICES subdivisions 22 to 31. There were also two derogations to that rule.

(6) The first derogation was provided for by Article 10(2) which allowed recreational fisheries for one adipose fin-clipped salmon per recreational fisher per day under certain conditions.

(7) The second derogation was provided for by Article 10(3) which allowed recreational fisheries in ICES subdivision 31 in areas within four nautical miles measured from the baselines during the period from 1 May to 31 August 2024.

(8) For the fishing year 2023, it is Council Regulation (EU) 2022/2090 (4) which provided, among others, for fishing opportunities for main basin salmon. Unlike the fishing year 2024, in the fishing year 2023, Table 8, footnote 2, third paragraph, of the Annex to that Regulation provided that directed fishing of the quotas of main basin salmon was permitted for Union fishing vessels north to latitude 59° 30′ N (meaning in ICES subdivisions 29 North, 30 and 31) in areas within four nautical miles measured from the baselines during the period from 1 May to 31 August 2023.

(9) For 2023, Finland reported to the Commission 4 394 individuals of salmon caught in ICES subdivisions 29 North and 30.

(10) For the fishing year 2025, Council Regulation (EU) 2024/2903 (5) allocates to Finland a fishing quota of 8 989 individuals of main basin salmon.

2.   

Exchanges with Finland and assessment by the Scientific, Technical and Economic Committee for Fisheries

2.1.   

Information from Finland

(11) On 26 February 2024, Finland informed the Commission of a planned research for fishing operations for salmon to be conducted for the purpose of scientific investigation in ICES subdivisions 29 North and 30. The research provided for the involvement of 45 commercial vessels flying the flag of Finland and an undefined number of recreational fishers who would have measured and taken scale samples from every wild salmon caught. The research would have been implemented in Finnish waters within four nautical miles measured from the baselines from 27 May to 31 August 2024. Finland expected catches of about 4 300 individuals of salmon.

(12) Since the research would have involved more than six commercial vessels in accordance with Article 25(1)(e) of Regulation (EU) 2019/1241 the Commission sought the advice from the Scientific, Technical and Economic Committee for Fisheries (STECF) to confirm that such a level of participation was justified on scientific grounds.

2.2.   

75th STECF plenary meeting of March 2024

(13) In its 75th plenary meeting that took place from 11 to 15 March 2024 (6), the STECF stated in its conclusions that the objective and the added value of the proposed scientific fishery were not clear and that the level of participation in the research as initially planned was not justified on the following scientific grounds.

(14) First, the STECF noted that ‘the number of vessels and the projected level of fis[h]ing effort is almost equivalent to the levels in the commercial fisheries in previous years. Following previous evaluations of scientific fishery requests, STECF recalls that a scientific fishery should not aim to simulate the full fishery but to collect a representative sample of the population fitting the purpose of the scientific trials’.

(15) Second, the STECF noted that ‘covering the whole area and the whole fishing season is not necessarily required and suggests that pre-existing knowledge on the spatial and temporal distribution at sea of salmons from Ljungan River could be used to define the sampling effort’.

(16) Third, the STECF noted that ‘the added value of the data arising from the scientific survey is likely to be limited’.

(17) Fourth, the STECF noted that while ‘estimating the proportion of salmon from Ljungan River requires a large scale sampling (…) even the catch of a small number of salmon from this population could have a significant impact on the stock’.

(18) Fifth, the STECF noted that ‘interannual, intraannual and spatial variations in the mixed stock composition (…) would not allow deriving general conclusions from the sampling proposed’.

(19) Sixth, the STECF noted that ‘in the context of a scientific fishery, releasing wild salmon could be an option to deliver the same scientific results while limiting the risk of detrimental impacts on the depleted population’. This is justified ‘given the survivability of salmon from trap nets has been shown to be greater than 70 %’.

(20) In light of the above considerations, the STECF concluded that the objective of the proposed scientific fishery was unclear, as was its added value, in that the number of vessels was not justified on scientific grounds. It also suggested to consider releasing the wild salmon to reduce the potential impact of the sampling programme. Finally, the STECF mentioned the following considerations in the hypothetical situation that the scientific fishery was justified on scientific grounds: ‘[I]if such a fishery is allowed, once the objective is clearly specified, STECF suggests that the number of salmons to be caught and the number of vessels could be determined by the Finnish authorities using pre-existing knowledge on the spatial and temporal distribution of salmon. STECF concludes that, if a scientific fishery is allowed, it would be worthwhile specifying the measures put in place to ensure that commercial fishermen comply with the scientific protocol’.

2.3.   

Exchanges with Finland following the 75th STECF plenary meeting of March 2024

(21) On 30 April 2024, Finland informed the Commission that it had amended the conditions of the research. The amended research excluded recreational fisheries and reduced the number of participating commercial vessels flying the flag of Finland from 45 to 32 (consisting in all commercial vessels flying the flag of Finland which, individually, caught at least 64 salmon in 2022 or 2023). According to Finland, this corresponded to about 50 % of the commercial vessels flying the flag of Finland that fished for main basin salmon in 2022 or 2023, with an estimated total catch of 3 650 individuals. Finland claimed that 32 commercial vessels were necessary to obtain a representative sample of the main basin salmon populations. Finland further claimed that one of the reasons that would prevent the release of catches of main basin salmon would be that it ‘is not an alternative since taking the samples from the scales of wild salmon individuals is crucial for collecting relevant information on the river origin of wild salmon individuals. The scale samples cannot be taken without harming the wild salmon individuals and raising the risk of causing a high mortality of the released individuals’.

(22) On 14 May 2024, the Commission informed Finland that, in the light of the STECF advice of March 2024, it had doubts that the level of participation in the amended research was justified on scientific grounds. Even if the number of vessels participating in the amended research had been reduced from 45 to 32 vessels, there was no similar reduction foreseen in terms of expected number of salmon to be caught. The Commission also informed Finland that it had doubts that releasing the caught salmon should not be considered as an alternative. The Commission therefore asked Finland to postpone the undertaking of research ‘that would go beyond what the STECF estimates to be justified on scientific grounds’ until an advice regarding the amended research was obtained from the STECF in its next plenary meeting of July 2024.

(23) On 24 May 2024, Finland informed the Commission that it would replace two of the 32 participating commercial vessels flying the flag of Finland by two different vessels. Finland further claimed that: (i) ‘[a] second and retroactive assessment by STECF is neither in line with Article 25.1 (e) [of Regulation (EU) 2019/1241] with the requirement of informing the Commission at least three months in advance. Neither does the STECF report 24-01 require such renewed assessment’; (ii) waiting for a second STECF advice in July would be ‘untimely’ because ‘the migrating salmon in mid-July have already passed the coastal areas in subdivisions 29N and 30 and the scientific salmon fisheries is more or less completed.’; (iii) ‘that in 2019-2022 the salmon catch in subdivisions 29N and 30 have been around 6 000-9 000 individuals, of which approx. 70 % were wild (4 200-6 300). Thereby a forecasted catch of 2 550 wild salmon in the scientific fisheries is significantly less than a normal full fishery’ and (iv) ‘measuring length and weight and determining the sex of live wild salmon and especially taking a sufficient amount of scales from them and thereafter releasing them, would seem to be a violation of Article 3(3) of the Commission Delegated Regulation (EU) 2024/1296 (7) requiring immediate release of salmon to be discarded (released) and would not be in accordance with our legislation on animal welfare. (…) Furthermore, the mentioned Regulation does not allow for release of salmon from fixed nets’.

(24) On 27 May 2024, Finland began to conduct the amended research with 32 commercial vessels.

(25) On 14 June 2024, the Commission requested that Finland suspend the conduct of the amended research until an advice was obtained regarding that research from the STECF in its next plenary meeting of July 2024.

(26) On 20 June 2024, Finland informed the Commission that it would not suspend the conduct of the amended research because, according to Finland: ‘the scientific fisheries has been prepared in full compliance with the relevant provisions of the CFP’; and (ii) ‘there is a clear lack of the data on the origin of wild salmon in the catch of our coastal fisheries. Data on the origin of salmon are needed both for future decisions on the management of salmon fisheries as well as for the consideration of possible conservation measures for weaker salmon populations’.

2.4.   

76th STECF plenary meeting of July 2024

(27) In its 76th plenary meeting that took place from 8 to 12 July 2024 (8), the STECF confirmed that the level of participation in the amended research was not justified on the following scientific grounds.

(28) First, STECF noted that the level of participation was ‘still approximately 50 % of all vessels used in commercial salmon fishery in the area in 2022-2023’ and that ‘the total catch would still be close to 70 % of the catch of 5 300 salmon reported from the area during the fishing season of 2022’.

(29) Second, STECF noted that ‘a scientific sampling shall be in orders of magnitude smaller than commercial fishing’ whereas ‘expected catches are as high as 70 % of commercial catches in the previous years’.

(30) Third, Finland ‘sampled just 394 individuals in AU 3 in 2023 (99 in Sd 29 and 295 in Sd 30- ICES 2024a)’.

(31) Fourth, ‘the objectives of the requested scientific fishery are still unclear’.

(32) Fifth, ‘the possible post-release mortality due to sampling procedures is essentially lower than the 100 % mortality of retained onboard and landed catch’.

2.5.   

Exchanges with Finland following the 76th STECF plenary meeting of July 2024

(33) In a press release of 4 September 2024 (9) and by a letter to the Commission of 2 October 2024, Finland indicated that the participating vessels in the amended research had caught a total of 3 162 individuals of salmon. This figure is consistent with the official catch data that Finland reported in the Commission’s Effort and Catch Reporting system (ECR).

(34) On 18 February 2025, the Commission informed Finland by letter of its intention to adopt a deduction of 3 162 individuals of main basin salmon from the Finnish quota available in 2025 for that stock, pursuant to Article 105(1) and (2) of Regulation (EC) No 1224/2009.

(35) On 3 and 6 March 2025, meetings were held between the Commissioner for Fisheries and Oceans, the Finnish Minister for Agriculture and Forestry and the Finnish authorities to discuss the matter.

(36) On 7 March 2025, Finland sent its comments on the letter of 18 February 2025. First, Finland questioned the legal basis for the proposed deduction, claiming that ‘the legal basis of Article 105 (1) and (2) of the Regulation (EC) No 1224/2009 is invalid since the salmon catch of Finland was 11 519 salmon in 2024 and hence Finland has not exceeded its salmon quota of 16 661 salmon’. Second, Finland claimed that the amended research was ‘fully in accordance with the advice of STECF from its March plenary 24-01 and the article 25 of Regulation (EU) 2019/1241, which sets the detailed rules for scientific fisheries, including the advice of STECF’. Third, Finland questioned the legal basis for the STECF advice of July 2024, claiming that ‘the wording of the Regulation (EU) 2019/1241 does not include a possibility to ask for a second and overdue advice from STECF’.

3.   

Detailed analysis

(37) For the reasons set out below, the Commission concludes that: (i) the amended research was not carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241; and as a result, (ii) the conditions for the application of the derogation set out in Table 8, footnote 2, second paragraph, of the Annex to Regulation (EU) 2023/2638 were not met.

3.1.   

Finland’s amended research in the light of the conditions set out in Article 25 of Regulation (EU) 2019/1241

(38) Finland’s amended research was not carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 for the following reasons.

(39) First, in its advice of March 2024 (see recital (13) above), the STECF considered that the level of participation in the research as initially planned was not justified on scientific grounds.

(40) Second, while on 30 April and 24 May 2024, Finland informed the Commission that it had amended the conditions of the research and reduced the level of participation to 32 vessels, the reduced level of participation was still not justified on scientific grounds. As noted in the STECF advice of March 2024, a scientific fishery should not aim to simulate the full fishery but to collect a representative sample of the population fitting the purpose of the scientific trials. However, as noted in the STECF advice of July 2024 and on the one hand, 32 commercial vessels would result in a total catch ‘close to 70 % of the catch of 5 300 salmon reported from the area during the fishing season of 2022’ whereas ‘a scientific sampling shall be in orders of magnitude smaller than commercial fishing’. On the other hand, the 3 650 individuals of salmon expected by Finland to be caught in the amended research corresponded to a share which lies in the average range of about one third of total Finnish catches of main basin salmon made in ICES subdivisions 29 North and 30 since at least 2019.

(41) In its letters of 30 April 2024, 24 May 2024, 20 June 2024 and 7 March 2025, Finland called into question the Commission’s conclusion that the amended research was not carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241. However, the Commission maintains its conclusion for the following reasons:

(42) In the first place, 32 commercial vessels were unnecessary to obtain a representative sample of the main basin salmon population (see recital (40) above).

(43) In the second place, releasing catches of main basin salmon would have been an alternative. This is because (i) as noted by the STECF in its advice of March 2024, ‘the survivability of salmon from trap nets has been shown to be greater than 70 %’; (ii) as noted by STECF in its advice of July 2024, ‘the possible post-release mortality due to sampling procedures is essentially lower than the 100 % mortality of retained onboard and landed catch’; and (iii) the Commission was not informed of which provisions of Finnish ‘legislation on animal welfare’ would allegedly prevent the release of the caught salmon.

(44) In the third place, the Commission was entitled to seek a second advice of the STECF, given that: (i) Article 25(1)(e) of Regulation (EU) 2019/1241 requires a Member State to amend the conditions of any planned research according to the advice of the STECF; and (ii) the Commission had doubts that the level of participation in the amended research was justified in the light of the advice of the STECF of March 2024, and thus that Finland had amended the conditions of the initial research accordingly.

(45) In the fourth place, the Commission did not ask Finland to postpone all research until a second advice from the STECF was obtained Rather, on 14 May 2024, the Commission asked Finland to postpone the undertaking of any research ‘that would go beyond what the STECF estimates to be justified on scientific grounds’ in the advice of March 2024.

3.2.   

Finland’s amended research in the light of the conditions for the application of the derogation set out in Table 8, footnote 2, second paragraph, of the Annex to Regulation (EU) 2023/2638

(46) For the reasons set out below, Finland has exceeded the fishing quota that has been allocated to it by Table 8 of the Annex to Regulation (EU) 2023/2638 for main basin salmon for the year 2024.

(47) First, in accordance with Table 8, footnote 2, first paragraph, of the Annex to Regulation (EU) 2023/2638, Finland’s quota of main basin salmon was exclusively for by-catches and no directed fishing was permitted, unless either of the two derogations provided for in the second or third paragraphs of that footnote 2 were met.

(48) Second, the amended research could not benefit from the derogation for directed fisheries provided in Table 8, footnote 2, second paragraph, of the Annex to Regulation (EU) 2023/2638. Indeed, as explained under Section 3.1 above, the amended research was not carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.

(49) Third, the amended research could not benefit from the derogation for directed fisheries provided in Table 8, footnote 2, third paragraph, of the Annex to Regulation (EU) 2023/2638, either. That derogation was applicable only in ICES subdivision 31, while the amended research was conducted in ICES subdivisions 29 North and 30.

(50) Consequently, any directed fishing of main basin salmon by Finland in ICES subdivisions 29 North and 30 in the year 2024 exceeded the quota allocated to it by Table 8 of the Annex to Regulation (EU) 2023/2638. However, as explained under Section 2.5 above, the participating vessels in the amended research caught directly a total of 3 162 individuals of salmon.

3.3.   

Deduction from the fishing quota allocated to Finland in 2025 on account of overfishing in 2024

(51) Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State. Article 105(2) of that Regulation provides that, in the case of an overfishing of a quota, allocation or share of a stock or a group of stocks available to a Member State in a given year, the Commission is to operate deductions in the following year or years from the annual quota, allocation or share of the Member State which has overfished.

(52) Regulation (EU) 2024/2903 allocates to Finland a fishing quota of 8 989 individuals of main basin salmon for the year 2025. This is the same stock for which Finland exceeded its quota for the year 2024.

(53) In accordance with point 1, first subparagraph, of the Commission Guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009 (10), the totality of the deduction should be due in the year following the overfishing. It is therefore appropriate to operate deductions from the quota for this stock allocated to Finland in the year 2025.

(54) In accordance with Article 105(2) of Regulation (EC) No 1224/2009, such deductions are to be operated by applying the multiplying factors as set out therein. In accordance with Article 105(2), second sentence, a multiplying factor equal to 1,00 should apply as 3 162 individuals of main basin salmon weigh less than 100 tonnes.

4.   

Conclusion

(55) It is therefore appropriate to deduct 3 162 individuals of salmon from the quota for main basin salmon allocated to Finland by Regulation (EU) 2024/2903 for the year 2025,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing quota for Atlantic salmon (

salmo salar

) in Union waters of ICES subdivisions 22 to 31 allocated to Finland for the year 2025 by Regulation (EU) 2024/2903 shall be reduced as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following that of its publication in the

Official Journal of the European Union

.

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

Done at Brussels, 30 April 2025.

For the Commission

The President

Ursula VON DER LEYEN

(1)  

OJ L 343, 22.12.2009, p. 1

, ELI:

http://data.europa.eu/eli/reg/2009/1224/oj

.

(2)  Council Regulation (EU) 2023/2638 of 20 November 2023 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2024 and amending Regulation (EU) 2023/194 as regards certain fishing opportunities in other waters (

OJ L 2023/2638, 22.11.2023, ELI: http://data.europa.eu/eli/reg/2023/2638/oj

).

(3)  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

, ELI:

http://data.europa.eu/eli/reg/2019/1241/oj

).

(4)  Council Regulation (EU) 2022/2090 of 27 October 2022 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2023 and amending Regulation (EU) 2022/109 as regards certain fishing opportunities in other waters (

OJ L 281, 31.10.2022, p. 1

, ELI:

http://data.europa.eu/eli/reg/2022/2090/oj

).

(5)  Council Regulation (EU) 2024/2903 of 18 November 2024 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2025 and amending Regulation (EU) 2024/257 as regards certain fishing opportunities in other waters (

OJ L, 2024/2903, 19.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2903/oj

).

(6)  Scientific, Technical and Economic Committee for Fisheries (STECF) –

75th Plenary report (STECF-PLEN-2024-01)

, Publications Office of the European Union, Luxembourg, 2024, p. 101.

(7)  Commission Delegated Regulation (EU) 2024/1296 of 28 February 2024 supplementing Regulation (EU) 2016/1139 of the European Parliament and of the Council concerning an exemption from the application of the landing obligation as regards salmon in the Baltic Sea for the period 2024-2026 (

OJ L, 2024/1296, 7.5.2024, ELI: http://data.europa.eu/eli/reg_del/2024/1296/oj

).

(8)  STECF –

76th Plenary report (STECF-PLEN-2024-02)

, Publications Office of the European Union, Luxembourg, 2024, p. 133.

(9)  

Ensimmäiset tulokset lohen tieteellisestä kalastuksesta tukevat Suomen rannikkokalastuksen sallimista - ePressi

.

(10)  Communication from the Commission on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009, and replacing Communication 2012/C 72/07 2022/C 369/03 (

OJ C 369, 27.9.2022, p. 3

).

ANNEX

(1)  Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 16(8) of 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

, ELI:

http://data.europa.eu/eli/reg/2013/1380/oj

), quota transfers from 2023 to 2024 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (

OJ L 115, 9.5.1996, p. 3

, ELI:

http://data.europa.eu/eli/reg/1996/847/oj

) and with Article 15(9) of Regulation (EU) No 1380/2013 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.

(2)  As set out in Article 105(2) of Regulation (EC) No 1224/2009. Deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing equal to, or less than, 100 tonnes.

(3)  As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.

ELI: http://data.europa.eu/eli/reg_impl/2025/864/oj

ISSN 1977-0677 (electronic edition)