In a judgment handed down on Thursday 11 January, the Court of Justice of the European Union ruled that European fisheries ministers would be breaking the law if they approved the overfishing of ‘target stocks’. However, in its judgment (C-330/22), the Court failed to apply this rule to by-catches (stocks that are not targeted by fishermen).
The NGO ClientEarth felt that the ruling provided clarity: in future, it will be illegal to approve the overfishing of target stocks. “However, it is disappointing that the Court did not follow the Opinion of the Advocate General and confirm that the obligation to stop overfishing also applies to by-catch stocks”, regrets this NGO (see EUROPE 13202/29).
The judgment follows a national appeal by Friends of the Irish Environment, supported by ClientEarth, after the EU missed the 2020 deadline for ending overfishing of fish stocks. In 2020, according to the NGOs, the ministers had set TACs at levels well above those recommended in scientific advice.
The case was brought before the Irish High Court, which expressed “serious doubts” about the legality of the catch limits set by the EU.
In its judgment, the Court found in particular that “the TACs at issue were fixed on the basis of the best scientific advice available, at a level which is not manifestly inappropriate for reconciling the objective of maintaining mixed fisheries in activity with that of restoring the good biological status of the stocks concerned”. They have also been accompanied by corrective measures to limit by-catches in 2020 on stocks subject to these TACs. In adopting these TACs, “the Council did not manifestly exceed the limits of its discretion”, according to the judgment.
See the judgment: https://aeur.eu/f/ad0 (Original version in French by Lionel Changeur)