Fisheries ministers poised to breach EU law and exacerbate Baltic ecosystem crisis, NGOs warn

CCB • October 19, 2023

On 23rd October, EU fisheries ministers will set Baltic Sea fishing limits for next year. Their decisions will likely breach EU law and worsen the dire state of the Baltic Sea, as Member States have made clear that they don't support cuts to Baltic fishing opportunities in order to bring them in line with legal obligations. NGOs are urging fisheries ministers to suspend the fishing of severely depleted stocks, as foreseen by EU law in these circumstances.

To prevent the collapse of fish populations, EU multiannual management plans require that fishing opportunities are set so that fish populations are at the very least kept above a minimum level (1). This year, due to persistent overfishing, scientific data shows that two herring stocks in the central and northern Baltic are now at or below this clear red line. Any targeted fishery on these herring stocks would be in breach of EU law. 


Detailed rules for how to set fishing quotas and agree on emergency measures, including the option of complete fisheries closures, are set out under EU multi-annual management plans, in line with the objectives of the EU’s Common Fisheries Policy (CFP). Following the rules of the Baltic multi-annual management plan and the status of these herring populations, the European Commission has proposed to close the targeted fishery for herring in these two areas. 


To date, however, Baltic Member States have argued that the Commission proposal is going too far, and have questioned the interpretation of the regulations in place. In doing so, the Member States are disregarding the very clear rules and the obvious fact that both these herring populations are below the agreed minimum levels.


Nils Höglund, Senior policy officer at CCB, said: “By aiming to evade the rules in the Baltic management plan and the CFP in relation to avoiding fish stock collapse, and pushing to keep what is largely a fishmeal fishery open, the Council is breaching both EU fisheries and environmental legislation, such as the Marine Strategy Framework Directive (MSFD). The possibility to reach good environmental status is likely made near impossible by the Agrifish Council. This approach must be deemed doubly illegal”. 


Sara Söderström, Policy officer at the Fisheries Secretariat, said: “The health of the Baltic Sea ecosystem depends on forage fish such as herring and sprat, which feed other fish, mammals and seabirds. It is clear that when we remove large amounts of biomass it disrupts the food web and negatively affects the age and size distribution of herring, defying the targets in both the CFP and the MSFD. If we are to achieve an ecosystem-based approach to fisheries management, a much more precautionary approach must be applied.” 


Bruno Nicostrate, Senior Policy Officer at Seas At Risk, said: “If EU Fisheries Ministers fail to comply with EU law not only will they contribute to the disappearance of Baltic herring populations, they will also pave the way for the decimation of other fish species. EU Member States must respect the very laws they have co-designed and signed up to and prevent this impending ecocide by putting a stop to fishing of endangered fish populations." 


Javier Lopez, Campaign Director of sustainable fisheries at Oceana in Europe, said: “It is inconceivable to see EU Member States attempting to set catch limits for Baltic stocks that ignore the very rules they have created themselves. Several populations of iconic species such as eastern Baltic cod and central Baltic herring are in a critical state and targeted fishing of them must stop. Ministers cannot cherry-pick the law for political expediency, but must rather apply it comprehensively for the sake of the health and sustainability of fisheries.”


ClientEarth marine wildlife and habitats lawyer Arthur Meeus said: “According to EU law, overfishing should have ended by 2020 for all stocks. Instead, overfishing of already depleted stocks continues not only in the Baltic, but throughout the EU’s seas. It is high time for a clear court decision to put an end to this systemic issue. Multiple court cases are already underway to get this much needed clarity and we are eagerly awaiting the first judgment of the Court of Justice of the European Union. This official ruling from the EU’s top Court will be crucial to finally give EU fisheries rules the teeth needed to ensure Member States can only manage fisheries in line with science and the law going forward.”



BACKGROUND 


Herring and sprat play key roles in the Baltic ecosystem as they are a food source for predators, like cod and salmon and also regulate plankton. Today, this valuable resource is mainly used for fish meal, rather than human consumption.

According to the latest scientific data, herring in the central Baltic Sea is in a critical condition with a disheartening outlook. The Bothnian herring is also in a critical state and experts note that even with a complete fishing closure, the stock will not recover in the short term. Article 4(6) of the Baltic multiannual management plan explicitly requires that “Fishing opportunities shall in any event be fixed in such a way as to ensure that there is less than a 5 % probability of the spawning stock biomass falling below Blim”. The herring stocks in question are already below this biological reference point Blim, below which reproduction is impaired and the risk of stock collapse is very high. Setting fishing limits at levels associated with a higher than 5% risk of the stocks remaining below this level, as seems to be the intention of Baltic Member States, will be in breach of the law.


In 2020, Friends of the Irish Environment and ClientEarth challenged the EU Council’s decision to set limits for several Northeast Atlantic fish stocks above sustainable levels before an Irish Court.


In a legal first, the Irish judge asked the Court of Justice of the EU (CJEU) to judge on the validity of this European regulation setting fishing limits in the Northeast Atlantic. Following a hearing held in March 2023 in front of the CJEU, Advocate General Ćapeta delivered an Opinion in June 2023 claiming that unsustainable fishing limits in the Northeast Atlantic were illegal and recommended that governments set all fishing limits at sustainable levels from now on. The environmental groups are now waiting for the final ruling from the CJEU.


ClientEarth is also expecting hearings this year for two other cases launched in 2022 against the EU Council for the setting of unsustainable fishing limits for EU-only stocks and stocks shared between the EU and the UK.


NOTES: 


(1) Article 4.6 of the multiannual plan for the stocks of cod, herring, and sprat in the Baltic Sea states that: “Fishing opportunities shall in any event be fixed in such a way as to ensure that there is less than a 5 % probability of the spawning stock biomass falling below the limit spawning stock biomass reference point (Blim) set out in particular in Annex II, column B.” https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02016R1139-20201201 



ENDS 


CONTACTS 

NGOs urge stronger action as 2027 Baltic Sea fishing limits fall short of securing full recovery of fish populations

By CCB • October 27, 2026
27 October 2026 , Luxembourg - EU fisheries ministers increased central Baltic and Bothnian herring catch limits beyond the European Commission’s proposals and significantly increased the sprat catch limit, falling short of the precaution needed to protect the role of herring and sprat in the Baltic Sea food web. The Council also rejected proposed cuts to accidental catches of severely depleted cod and western Baltic herring populations. NGOs warn that fishing limits remain too high and urge EU ministers to follow the agreement with concrete plans to rebuild depleted fish populations. Herring: further measures needed to safeguard fragile recovery and protect vulnerable populations EU fisheries ministers increased the catch limit for central Baltic herring to 165 228 tonnes, a 71% increase compared with 2026. The population has shown signs of improvement after years of depletion. However, the central Baltic herring population remains vulnerable, and rebuilding must restore healthy age and size structures as well as overall abundance. Although below the scientific headline catch advice, the Council’s decision exceeds the Commission’s proposal, which was more precautionary and recovery-oriented and should have been followed by the ministers. “Ministers have recognised the need for caution, but still allowed more herring to be caught than the Commission proposed. These vulnerable populations need a stronger chance of lasting recovery, with clear rebuilding targets, a timetable for reaching them and measures that are implemented and enforced ,” said Cathrine Pedersen Schirmer, Senior Fisheries Policy Advisor at Coalition Clean Baltic. For Bothnian herring , ministers retained the three-month spawning closure but increased the Total Allowable Catch (TAC) by 12% , despite the population remaining below healthy levels. The Commission’s proposed TAC for this fish population was already a compromise between population rebuilding and maintaining fishing opportunities. The agreed higher TAC poses a risk to the recovery of the Bothnian herring population and creates increasing uncertainty for the industry. “ Fisheries decisions must also account for the risks to fish population recovery. Even catch limits within the ICES advice range can leave stocks at risk of remaining below the biomass levels that should trigger recovery measures. Fishing opportunities must give depleted populations a real chance to recover to healthy level s,” said Beatrice Rindevall, Chairperson of the Swedish Society for Nature Conservation. The Gulf of Riga herring TAC was also set above NGOs’ recommendations, with an increase of 11% compared with 2026, despite the recent decline in its spawning biomass and its importance to the Baltic food web. Lower limits for this fish population would have better supported population health and long-term resilience. Sprat: recovery must extend to the Baltic Sea food web The sprat agreement remains a significant concern. The Council’s decision, in line with the Commission’s proposal, to increase the sprat catch limit by 44% to 291 590 tonnes exceeds the level NGOs recommended. Although the population has increased, the agreed limit does not sufficiently account for sprat’s importance as prey for cod, salmon, seabirds and other marine wildlife, persistent catch misreporting or the risk of catching vulnerable herring alongside sprat. “ Herring and sprat are vital to the Baltic Sea ecosystem. When setting fishing opportunities, decision makers must leave enough prey in the water to support predators like cod and salmon, to rebuild ecosystem health and align with the EU’s nature restoration ambitions ,” said Justyna Zajchowska, Fisheries Lead for WWF Baltic Sea Programme. Salmon: no increase in catch limits, but stronger protection needed NGOs welcome the decision not to increase salmon fishing opportunities. However, fishing should be restricted to compensatory hatchery-released salmon or salmon from rivers where populations are at full reproductive capacity. Fishing on vulnerable wild populations must be avoided and, if returning salmon numbers are insufficient, additional adaptive management measures should be deployed immediately, considering the impact of recent poor spawning runs. “ Good returns to some large rivers are encouraging, but they do not demonstrate recovery across the Baltic region. Many smaller river populations remain in serious difficulty. We need fishing restrictions that protect those vulnerable salmon throughout their migration and allow enough fish to reach their spawning grounds ,” said Thomas Johansson, Chairman of Östersjölaxälvar i Samverkan and Secretary General of the Baltic Salmon Fund. Cod, western Baltic herring and plaice: Council misses opportunity to curb bycatch Both Baltic cod populations and western Baltic herring remain severely depleted. Targeted cod fisheries remain closed, while ministers retained the small-scale fisheries exemption for western Baltic herring. Yet ministers agreed bycatch quotas well above the Commission’s proposals for 2027 and at the same level as 2026, falling short of the protection sought by NGOs. For all three populations, the agreed bycatch quotas permit continued catches despite ICES advice for zero catch. The Council’s decision to increase the plaice TAC to 11,237 tonnes , well above the level NGOs recommended, missed an opportunity to secure a reduction in accidental cod catches. The decision also does not reflect the very low reported landings of this species. Declining weight and condition of plaice also warrant greater caution. The TAC must be combined with effective enforcement of mandatory selective gear to reduce cod bycatch and the implementation of the landing obligation. Annual fishing limits must support lasting recovery The Council’s decisions on Baltic Sea fishing opportunities for 2027 are not ambitious enough to secure restoration of all Baltic Sea fish populations. These decisions should be seen in the context of last year’s joint commitment by the European Commission and Baltic Sea Member States to seek dedicated scientific advice from ICES on rebuilding pathways for fish populations. In the absence of such rebuilding-oriented advice, and whilst we are waiting for it, decisions should be more cautious and based on the available recovery-focused catch options provided by the scientists in their traditional advice. Fisheries management must also support EU marine restoration objectives and the achievement of good environmental status in the Baltic Sea. Restoring fish populations and food webs is essential to the recovery of the sea itself and to the long-term future of Baltic fisheries and the coastal communities that depend on them. ENDS *** Further information: Link to Council decision Link to Commission’s proposal Link to Joint NGO recommendations on Baltic Sea fishing opportunities for 2027 Media contact: Beatrice Rindevall, Chairperson, Swedish Society for Nature Conservation, ordforande@naturskyddsforeningen.se Cathrine Pedersen Schirmer , Senior Fisheries Policy Advisor, Coalition Clean Baltic, Cathrine@ccb.se Justyna Zajchowska , Fisheries Lead, WWF Baltic Sea Programme, jzajchowska@wwf.pl Dr. Katja Hockun, Senior Expert Meeresschutz, Deutsche Umwelthilfe e.V., hockun@duh.de Konrad Stralka , Executive Director, BalticWaters, konrad.stralka@balticwaters.org Magda Jentgena , Baltic Sea and Freshwater Programme Manager, Pasaules Dabas Fonds, mjentgena@pdf.lv Regan McEnroe , Chairperson, Nature and Youth Sweden, ordforande@faltbiologerna.se Tapani Veistola, Executive Director, Suomen luonnonsuojeluliitto (Finnish Association for Nature Conservation), tapani.veistola@sll.fi Thomas Johansson , Chairman, Östersjölaxälvar i Samverkan, and Secretary General, Baltic Salmon Fund, thomas@balticsalmonfund.com .

CCB's submission on sustainable fishing in the EU

By CCB • August 31, 2026
Uppsala, 31 August 2026 - Coalition Clean Baltic (CCB) welcomes the Commission’s recognition that declining fishing pressure has not consistently delivered higher biomass, that recruitment and biomass are deteriorating for a number of stocks, and that Baltic fisheries urgently need rebuilding trajectories. These findings must now shape the Council’s decision on the 2027 fishing opportunities and the Commission’s position during the Council negotiations. The poor status and decline of many Baltic Sea fish populations have been documented over several decades and show that the ecosystem is in severe distress. Cumulative human pressures have contributed to major ecosystem shifts, and at the same time climate change is making the shallow, semi-enclosed Baltic Sea warmer and less saline. These combined pressures affect not only fish biomass but also recruitment, population age and size structures, species interactions and the functioning of the wider food web. The Baltic crisis reflects the persistent failure to fully implement the CFP and the Baltic MAP, including their precautionary safeguards and the legal obligation to apply ecosystem-based fisheries management. Fishing opportunities for 2027 must therefore mark the first concrete step towards ambitious, timebound rebuilding trajectories that reduce fishing pressure and enable depleted populations to recover to healthy levels. These trajectories must include implementation of an ecosystem based approach by accounting for species interactions, food-web needs, habitat conditions, environmental and climatic change and scientific uncertainty, while reinforcing, not replacing the CFP’s objectives and the Baltic MAP’s existing safeguards in Art. 4.6. The Commission’s 2027 proposal is now before the Council. The October Council must turn the commitment to rebuild Baltic fish populations into measurable action by adopting fishing opportunities that deliver rapid and sustained recovery. Under no circumstances should the TACs adopted be higher than levels proposed by the European Commission. Fishing opportunities aligned with scientific evidence, legal safeguards and ecosystem needs are the basis for both a recovering Baltic Sea and viable fisheries in the long term. Read the full CCB's submission and recommendations here .