Advocate General at the EU Court if Justice: Opinion in Case C-330/22 Friends of the Irish Environment: Total allowable fisheries catch above zero

Thursday 15th June 2023

Opinion in Case C-330/22 Friends of the Irish Environment (Total allowable catch above zero)

(Fisheries Policy)

Every year, the Council allocates fishing opportunities among the Member States, based on a predictable share of the stocks for each species of fish in European Union waters. Those individual shares are what is known as the total allowable catch (TAC). In determining and distributing yearly TACs, the Council is obliged to act within the objective of the common fisheries policy (CFP), as set out in the CFP Basic Regulation.

Basing its data on the annual TAC fixed by the Council for the year 2020 and the relevant quantities allocated to Ireland, the Minister for Agriculture, Food and the Marine issued monthly fisheries management notices stipulating the quantity of four fish stocks (2 stocks of Cod as well as Whiting and Plaice) that may be landed by Irish vessels in each month of the year 2020.

Friends of the Irish Environment brought proceedings in Ireland against those notices issued by the Minister. Its case is essentially that by fixing TAC for the stocks at issue above zero for the year 2020, the Council acted in breach of the CFP Basic Regulation and that consequently, the Minister’s notices would thus be invalid.

Background Documents C-330/22