Environmental organizations appeal to EU court to invalidate fishing quotas due to Baltic herring stocks collapse

CCB • August 21, 2024

The Coalition Clean Baltic (CCB) network has recently submitted an application to the General Court of the European Union (GCEU) to invalidate the EU fisheries ministers' decision on the 2024 fishing quotas for the Baltic herring. CCB considers that the EU Council of Ministers violated existing fishing regulations and that they ignored and directly undermined other environmental legislation in place. Moreover, the Ministers do not take into account the precautionary principle, whether regarding the ecosystem's status or a coastal fishery that can no longer catch Baltic herring for human consumption.

Uppsala, 21 August 2024 - As late as a few months before the decisions on fishing quotas for 2024 were made for the Baltic Sea, the EU and its Member States had actively supported decisions on the protection of our seas on an international level. It was indeed proclaimed that the world's oceans outside national borders must now be protected. But apparently not our own inland Baltic Sea when it comes to fishing quotas.


The EU Commission proposed, in the light of alarming facts but also based on the rules the EU jointly decided to protect collapsing fish stocks, to completely close the targeted Baltic herring fishery primarily caught by large trawlers. Data published by ICES (the International Council for the Exploration of the Sea) indicated that even with zero fishing, stocks would not recover above the lowest reference level (see ICES advice on the Central Baltic herring stock, p3). In this particular scenario, there is a rule for how to act, which is of course to close the fishery. The ministers blatantly broke this rule when they instead decided that the permitted fishing in the Southern and Northern Baltic Sea should total over 100,000 tonnes, i.e. 100 million kilos!


During the winter, CCB requested the EU Council of Ministers to review its decision in the light of all applicable laws, i.e. not only the most obvious fisheries regulations but also the EU's and the countries' own environmental laws. When this request was rejected with the claim that nothing was incorrect in the Council’s decision, CCB decided to appeal it and ask the EU Court for an annulment of the Council's decision not to review the 2024 Baltic fish quota decision.


We expect the court to agree with our arguments and concur that the Ministers broke the law. Of course, this does not mean that we will suddenly get the fish back. The central thing here is rather to stop the crazy circus of playing with our ecosystem in this way”, says Nils Höglund, marine and fisheries expert at CCB.


It cannot be too much to ask that the Ministers act legally and take into account the needs of the ecosystem but also the needs of the small but important coastal fisheries. I think all citizens demand that the ministers live up to all the nice words they gleefully throw around at big conferences”, continues Nils Höglund.


If the court approves CCB´s request, it would affect how the Ministers can act in the future. It would set a precedent and clarify how the law should be interpreted in the light of setting fishing quotas not only in the Baltic Sea but across the EU. There is a big risk that the politicians aim to change the rules in order to soften the regulations, which has already partially started. However regardless of that, this court process is unfortunately necessary. Mikhail Durkin, Executive Secretary of the CCB concludes:


Being forced to go to court is absolutely not something we want to do. Environmental policy must be created and implemented by elected politicians with the support of the people. However, when the people have been promised responsible actions, but see only action that is the total opposite of responsible and even illegal, we simply have to call it quits.


CCB welcomes all and any support to see this Court process through. It will be a long journey, but we can't do it alone – and for this reason we have launched the campaign “Plea for the Sea - Advocate for a Fair Baltic Sea!”. Your donation can help to support the legal case and to pressure policy-makers to follow the law and protect the Baltic Sea marine life.


Donate to be a Herring Hero here: https://www.ccb.se/plea-for-the-sea-herring-heroes-advocate-for-a-fair-baltic-sea

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The Swedish version of this PR is available here.

Note to editors:

Coalition Clean Baltic (CCB) – Is a politically independent, non-profit association, which unites 27 NGOs, with over 1 500 000 members in all countries around the Baltic Sea. The main goal of CCB is to promote the protection and improvement of the Baltic Sea environment and its natural resources for present and future generations. More info at: www.ccb.se 


CCB original complaint and request for internal review contains most of the arguments now raised with the EU Court. That file and all annexes are not yet available publically.


 

Contact:

Nils Höglund, CCB Marine and Fisheries Policy Officer: nils.hoglund@ccb.se
Mikhail Durkin, CCB Executive Secretary:
mikhail.durkin@ccb.se

By CCB March 30, 2026
Brussels, 30 March 2026 - Today, Fisheries Ministers from EU Member States meet with the European Commission for the AGRIFISH Council. On this occasion, Oceana, BLOOM, ClientEarth, Coalition Clean Baltic (CCB), Environmental Justice Foundation (EJF), Seas At Risk and WWF EU, handed a symbolic ''Pandora’s Box'' to the EU Commissioner Costas Kadis, sending a clear message as the European Commission prepares its 2026 evaluation of the Common Fisheries Policy (CFP). The box represents the risks of revising EU’s main fishery policy framework: once opened, competing demands from Member States, industry, small-scale fishers, and coastal communities could quickly spiral into division, regulatory delays and uncertainties. This would put at risk the hard-won progress made in restoring Europe’s fish populations and improving the profitability of the fishing sector. NGOs urge decision makers to build on the progress made to date and to prioritise the full and timely implementation of the existing rules. Reopening the CFP and its related provisions would undermine ocean health and the long-term future of Europe’s fishing communities. '' Europe's fisheries policy is facing a credibility test. The law is already there. The tools to rebuild our seas already exist. What's missing is the political will to deliver. Overfishing should have ended by 2020 at the latest. Reopening the CFP would signal that missed deadlines carry no consequences, erode trust, revert the progress made, and put the future of our fisheries and coastal communities at stake ’’, said the NGO coalition. *** Oceana: Vera Coelho, Executive Director and Vice President in Europe BLOOM: Claire Nouvian, Founder and General Director ClientEarth: John Condon, Lead of Marine Ecosystems Coalition Clean Baltic (CCB): Ida Carlén, Co-Chair Environmental Justice Foundation: Steve Trent, CEO/Founder Seas At Risk: Dr Monica Verbeek, Executive Director WWF EU: Ester Asin, Director
By CCB March 10, 2026
Uppsala, March 2026 - CCB has closely worked with the implementation of the EU Marine Strategy Framework Directive (MSFD) ever since its adoption and welcomed the opportunity to give feedback to this crucial directive for marine biodiversity and ocean health through the EU Call of Evidence . Evaluations conducted by the EU Commission previously found many positive effects for EU marine waters stemming from the directive, but also that the directive has some shortcomings. CCB however, maintains that the largest obstacle to fully implementing the directive and achieving Good Environmental Status (GES) is the lack of political will among Member States to do so. This forthcoming revision must therefore result in a framework directive that is more easily enforceable, measurable and implementable, accompanied by sufficient funding to carry out the measures. Furthermore, in order to achieve GES as fast as possible other key pieces of EU legislation must also support reaching it and focus on achieving the goals of the MSFD in their objectives. Seeing that European seas generally are in poor condition and under mounting pressure from human activities and that in the Baltic Sea the situation is especially dire there is an urgent need for truly ecosystem-based management of our seas and for reaching GES. The revised MSFD can help us achieve this, but only if it includes the points outlined below and the directive is fully and swiftly implemented: *** [Short version]*** Operationalise the overarching GES goal: EU sea areas were supposed to reach GES already in 2020, but due to low political ambition, sadly did not do so. Member States should therefore strive to reach GES as fast as possible now. Setting a new overall deadline for when to reach GES is not the answer on how to achieve this goal most efficiently, instead tools that address pressures and measure progress and ensure actual, timely implementation of ambitious measures must be included in the revised directive in order to operationalise achieving the overall GES goal. CCB therefore recommends making the existing and forthcoming threshold values for the descriptors and their criteria legally binding and part of the main directive. Improving regional coordination and implementation: To improve the coherence, coordination and effectiveness of MSFD implementation, assessment of GES, monitoring and the national PoMs the role of the Regional Seas Conventions (RSCs) must be clarified. CCB would welcome collating all the national PoMs into one regional PoM for the Baltic Sea, which should be aligned with, in addition to reaching the goals of the MSFD, with achieving the goals of the Baltic Sea Action Plan (BSAP). Land-sea interface: For the Baltic Sea to achieve GES it is key that land-based pressures, primarily nutrient runoff from agriculture causing severe eutrophication, is also addressed and that implementation of the MSFD goes hand in hand with the implementation of the Water Framework Directive (WFD). The goals of the MSFD and achieving GES should also be included when implementing and shaping the Common Agricultural Policy (CAP), as well as any synergies with implementing the EU Zero Pollution Action Plan which are also important to identify and utilise. The Baltic Sea also has a too high prevalence and level of other pollutants and hazardous substances affecting marine life. Fisheries and aquaculture: As one of the main pressure factors on the marine environment in general, as well as in the Baltic Sea, fisheries and aquaculture and the effects they have on the marine ecosystem and its biodiversity must be addressed in order to achieve GES. This is especially crucial when considering the MSFD descriptor for Biodiversity (D1), Fish and Shellfish (D3), Food webs (D4) and the one for Seabed integrity (D6). Climate change: Climate change is also affecting the Baltic Sea faster than other marine regions and must be factored in when managing the sea area and its resources to ensure EBM and the full implementation of the MSFD and achieving GES. The effects of the climate crisis should be accounted for when setting pressure reduction targets and threshold values for the descriptors and their criteria, in a way that when an effect cannot be measured nor predicted the precautionary principle must be used. Revising Art. 14 of the MSFD: Article 14 in the MSFD outlines the acceptable exceptions when reaching GES is not possible. The article needs to be revised in the forthcoming revision, since it contains too many and too broad in scope possibilities for exemptions (e.g. in Art. 14(4)), which jeopardise the implementation and fulfilment of the directive as a whole. A possible way of modifying it would be to introduce an obligation for Member States to demonstrate that they have taken all measures within their control nationally and that they have tried to address the problem and advance solving it on a regional level through cooperating with other Member States, before they can apply for a possible exemption. Make the Programme of Measures contain ambitious & concrete measures: One of the cornerstones of the MSFD is the national PoMs that are published every six years and are precluded by an assessment of GES in national waters and a monitoring programme. Unfortunately, the current approach to PoMs where Member States freely can choose measures has led to an overall too low level of ambition in the PoMs, and to large differences within regions and between neighboring countries in terms of which measures are included. In order to fully implement the directive and to achieve GES it is of paramount importance that the national PoMs have a high level of ambition and contain concrete, implementable measures and that there is regional coordination. Easing the reporting burden: One of the results from the evaluation of the MSFD was that the current reporting burden is considered to be too high and a possible way to address this is to align the reporting obligations of the MSFD to more reassemble those of the WFD, that has a more simplified 6-year cycle compared to the MSFD. The implementation cycle however should not be revised or at least not in a way that delays reaching GES. Improve coherence with other legislation: To ensure that the revised MSFD is fully implemented it is essential that coherence with other relevant legislation is improved. The MSPD (foundation for the forthcoming Ocean Act) is also currently being revised and to reach the goals for both the directives achieving GES needs to be a cornerstone of the Ocean Act. This is the only way to deliver truly ecosystem-based management of our seas, and the revision of both directives should therefore be coordinated and focused on achieving GES. CCB looks forward to continuing to provide input to the revision process of the MSFD as well as working with the implementation of the MSFD, especially in the Baltic Sea. CCB expects that the revision will result in a more enforceable directive that leads to the fast implementation of ambitious measures to improve the state of the Baltic and European Sea areas and to the achievement of GES. The full text of the submission is available here . *** Links to supplemental documents supporting our positions: CCB’s submission to the Call for Evidence for the Ocean Act Guiding Recommendations for Source-to-Sea Restoration in Riverine, Coastal, and Marine Ecosystems (Coalition Clean Baltic, 2025) Position Paper on Marine Protected Areas (Coalition Clean Baltic 2024) Don’t sink the Common Fisheries Policy – fulfil its potential (joint NGO Briefing 2025) Blue Manifesto (joint NGO paper)