Legal briefing: Complying with Art 2(2) of the CFP basic regulation when setting TACs and quotas

The document outlines the legal obligations under Article 2(2) of the CFP basic regulation to manage fish stocks to achieve maximum sustainable yield (MSY). It asserts that to meet this objective, exploitation levels must be set below FMSY, as fishing at the average FMSY point only leads to biomass being above BMSY 50% of the time. The briefing emphasizes a timeline where MSY-based exploitation rates should have been achieved by 2015 where possible, and must be achieved on a progressive basis by 2020 at the latest. It argues that any derogation or delay in achieving these rates requires concrete, evidence-based explanations. While Recital 7 suggests delays may be justified if MSY rates would "seriously jeopardise the social and economic sustainability of the fishing fleets involved", the document clarifies that this requires a significant risk to the fleet's future rather than mere fluctuations in economic conditions. The author recommends that the Commission issue clear guidelines on what constitutes a justifiable delay and who must provide the supporting evidence.

• To fulfill the MSY objective in Article 2(2), total allowable catches (TACs) must be set below FMSY, because fishing at the average point value of FMSY only results in biomass being above BMSY 50% of the time.
• The CFP basic regulation mandates a specific timeline for achieving MSY-based exploitation rates: by 2015 where possible, and progressively by 2020 at the latest.
• Any proposal or decision on fishing opportunities that fails to achieve MSY-based exploitation rates should be accompanied by a concrete, evidence-based explanation and a roadmap showing how the objective will be met by 2020.
• A delay in achieving MSY-based exploitation rates is only potentially justifiable if it would "seriously jeopardise" the social and economic sustainability of the fishing fleets, which implies a significant risk to the fleet's future rather than standard economic fluctuations.

APA

ClientEarth (2015). Legal briefing: Complying with Art 2(2) of the CFP basic regulation when setting TACs and quotas. https://www.clientearth.org/media/qp3bw0qw/2015-10-30-legal-briefing-complying-with-art-2-2-of-the-cfp-basic-regulation-when-setting-tacs-and-quotas-ce-en.pdf

Chicago

ClientEarth. Legal briefing: Complying with Art 2(2) of the CFP basic regulation when setting TACs and quotas. 2015. https://www.clientearth.org/media/qp3bw0qw/2015-10-30-legal-briefing-complying-with-art-2-2-of-the-cfp-basic-regulation-when-setting-tacs-and-quotas-ce-en.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Legal briefing: Complying with Art 2(2) of the CFP basic regulation when setting TACs and quotas |date=October 2015 |url=https://www.clientearth.org/media/qp3bw0qw/2015-10-30-legal-briefing-complying-with-art-2-2-of-the-cfp-basic-regulation-when-setting-tacs-and-quotas-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2015legal, author = {{ClientEarth}}, title = {{Legal briefing: Complying with Art 2(2) of the CFP basic regulation when setting TACs and quotas}}, institution = {ClientEarth}, year = {2015}, month = oct, url = {https://www.clientearth.org/media/qp3bw0qw/2015-10-30-legal-briefing-complying-with-art-2-2-of-the-cfp-basic-regulation-when-setting-tacs-and-quotas-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }