Key data
| Regulation | Commission Delegated Regulation (EU) 2026/2398 of 23 July 2026 |
|---|---|
| Publication | 29 October 2026 |
| Entry into force | Not specified in the published text |
| Affected parties | Fishermen and fishing companies operating in the Baltic Sea |
| Category | Agriculture and Fisheries |
| Application period | 2027-2029 (three years, subject to review) |
| Base regulation | Regulation (EU) 2016/1139 of the European Parliament and of the Council |
| Official source | OJ:L_202602398 — EU Official Journal |
Baltic fishing companies that accidentally catch salmon have a window of operational relief for the next three years. The Commission Delegated Regulation (EU) 2026/2398, published on 29 October 2026, establishes an exemption to the so-called "discard ban" for salmon in the Baltic Sea during the period 2027-2029.
The regulation complements Regulation (EU) 2016/1139, which is the framework for fisheries management in the Baltic, and responds to the critical state of salmon populations in that area. The justification is twofold: conservation reasons for the species and biological viability of stocks.
What does this regulation establish?
The landing obligation, also known as the "discard ban", is a general rule of European fisheries law that requires bringing to port all catches, including unwanted ones. Its objective is to prevent fishermen from throwing overboard catches that are not commercially interesting to them and thus hiding the real impact on stocks.
However, this obligation can create serious problems when the accidentally caught species is in such a deteriorated conservation state that its handling on board and subsequent landing causes unnecessary additional stress, without real benefit to fisheries management.
That is exactly the case with Baltic salmon. The regulation recognizes the critical state of populations and expressly authorizes the return to sea of specimens caught incidentally, without this constituting a breach of the landing obligation.
| Aspect | Previous situation (Regulation 2016/1139) | New situation (2026/2398, period 2027-2029) |
|---|---|---|
| Landing obligation for salmon | Generally applicable | Temporary exemption for incidental catches |
| Return of salmon to sea | Not generally permitted | Expressly permitted during 2027-2029 |
| Justification | — | Critical state of stocks and biological viability |
| Duration | Indefinite (base regulation) | Three years (2027-2029), subject to review |
The measure is temporary and reviewable: the Commission may modify or not renew the exemption depending on how Baltic salmon stocks evolve during this period.
Economic and operational impact
For Baltic fishing fleets, this exemption has direct practical consequences for their operations:
- Reduction of operational burden on board: vessels are no longer required to handle, store and transport accidentally caught salmon to port, which simplifies the management of unwanted catches.
- Reduction of administrative burden: the need to document and declare the landing of these incidental salmon catches is eliminated, reducing the paperwork for skippers and vessel owners.
- Less pressure on hold capacity: not allocating space to incidental salmon catches allows optimization of on-board storage for target species.
- Legal certainty for three years: fishing companies operate with regulatory certainty until 2029, without risk of sanctions for returning these accidental catches to the sea.
The measure generates no direct costs for companies. On the contrary, it represents relief compared to the previous situation, in which the landing obligation could involve additional operational costs due to the management of catches with no commercial value.
Who does it affect?
- Vessel owners and fishing companies with vessels operating in the Baltic Sea.
- Fishing skippers operating in Baltic fishing grounds and who may accidentally catch salmon.
- Cooperatives and associations of the fishing sector in the Baltic (especially from countries such as Poland, Sweden, Finland, Germany, Denmark, Estonia, Latvia and Lithuania).
- Legal and technical advisors in the fishing sector who manage regulatory compliance for fleets.
- Fisheries control and inspection bodies of Baltic coastal Member States, which must update their inspection protocols.
Fishing companies that do not operate in the Baltic Sea are not affected by this exemption. The regulation is geographically specific.
Practical example
A fishing vessel based in Gdansk (Poland) operating in the Baltic in search of herring or sprat accidentally catches several salmon specimens in its nets during a fishing trip in 2027.
Under the general landing obligation of Regulation (EU) 2016/1139, the skipper would be required to bring those salmon to port, document the catch and declare it. If he did not, he could incur a breach of European fisheries regulations.
With the exemption established by Commission Delegated Regulation (EU) 2026/2398, that same skipper can return the accidentally caught salmon specimens to the sea without committing any breach, and without needing to process additional documentation for that incidental catch. This possibility is guaranteed for all fishing trips carried out during the period 2027-2029.
What should companies do now?
- Verify if they operate in the Baltic Sea: the exemption applies exclusively to fleets operating in that geographic area. If your fleet operates in other waters, this regulation does not affect you.
- Update operational protocols on board: communicate to skippers and crews that from 2027 incidental salmon catches can be returned to the sea without incurring a breach, and review internal procedures for managing incidental catches.
- Review regulatory compliance manuals: advisors and compliance officers must update internal documentation to reflect the exemption in force during 2027-2029.
- Stay alert to the review of the measure: the exemption is subject to review according to the evolution of Baltic salmon stocks. Before 2029, the European Commission will assess whether to renew, modify or remove it. It is advisable to monitor publications in the EU Official Journal.
- Consult with national inspection authorities: each Baltic coastal Member State may have additional requirements for recording or reporting incidental catches. Verify with the corresponding national fisheries authority.
Frequently asked questions
What exactly is the landing obligation and why does it apply to Baltic salmon?
The landing obligation, also called the "discard ban", is a rule of European fisheries law (established in Regulation (EU) 2016/1139 for the Baltic) that requires bringing to port all catches, including unwanted ones. It applies to Baltic salmon because it is a species subject to quotas. However, Commission Delegated Regulation (EU) 2026/2398 establishes a temporary exemption for incidental salmon catches during 2027-2029, justified by the critical state of populations and reasons of biological viability.
When does the exemption enter into force and how long is it valid?
The exemption covers the period 2027-2029, that is, three years. The exact date of entry into force is not specified in the text published on 29 October 2026. The measure is subject to review according to the evolution of Baltic salmon stocks, so it could not be renewed beyond 2029.
Which fleets can benefit from this exemption?
Only fishing fleets operating in the Baltic Sea. The exemption is geographically specific: it does not apply to fleets operating in other European waters. It mainly affects vessels from Baltic coastal countries (Poland, Sweden, Finland, Germany, Denmark, Estonia, Latvia and Lithuania, among others).
What happens if the exemption is not renewed in 2029?
If the European Commission does not renew the exemption after assessing stock evolution, Baltic fleets will again be subject to the general landing obligation of Regulation (EU) 2016/1139, which will again require bringing to port all salmon catches, including incidental ones. It is essential to monitor publications in the EU Official Journal before the end of the 2027-2029 period.
What should fishing skippers do when they accidentally catch salmon during 2027-2029?
Thanks to the exemption in Commission Delegated Regulation (EU) 2026/2398, skippers can return accidentally caught salmon specimens to the sea without incurring a breach of the landing obligation. However, it is recommended to verify with the corresponding national fisheries authority whether there are additional requirements for recording or reporting incidental catches at the level of each Member State.
Official source
Consult complete regulation at official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202602398