---
title: "Commission Delegated Regulation (EU) 2026/2398 of 23 July 2026 supplementing Regulation (EU) 2016/1139 of the European Parliament and of the Council concerning an exemption from the application of the landing obligation as regards salmon in the Baltic Sea for the period 2027-2029"
id: 138da0ea-9a23-4de5-9484-b1605647c3aa
authority: eu
place: "European Union"
applies_also_from: []
kind: regulation
in_force: true
publisher_url: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32026R2398
attribution: "© European Union, https://eur-lex.europa.eu"
solon_url: https://solon.orangecat.ch/law/138da0ea-9a23-4de5-9484-b1605647c3aa
language: en
in_force_from: 2026-11-01
date_basis: publisher
status: consolidated
source_url: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32026R2398
read_on: 2026-11-08
sha256: 07c9974bb0ac73fc4f20e5e81d0564132ff8d1aac2cff705697fdf8382cbd2e1
provisions: 5
---

# Commission Delegated Regulation (EU) 2026/2398 of 23 July 2026 supplementing Regulation (EU) 2016/1139 of the European Parliament and of the Council concerning an exemption from the application of the landing obligation as regards salmon in the Baltic Sea for the period 2027-2029

## Preamble {#pbl_1}

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (1), and in particular Article 7(1), point (a),
Whereas:
(1) Regulation (EU) 2016/1139 establishes a multiannual plan for stocks fished in the Baltic Sea and specifies the details of the landing obligation of those stocks, including salmon.
(2) Commission Delegated Regulation (EU) 2024/1296 (2) grants an exemption from the landing obligation for salmon caught with trap nets and fyke nets for the period 2024 to 2026. That Delegated Regulation maintained the same conditions regarding gear types and the 8 % discard limit adopted in Commission Delegated Regulation (EU) 2021/1417 (3).
(3) On 9 February 2026, Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden submitted a new joint recommendation for the period 2027 to 2029, following consultations with the Baltic Sea Advisory Council and based on updated scientific evidence. This recommendation builds upon the exemption from the landing obligation for salmon caught with trap nets and fyke nets established by Delegated Regulation (EU) 2024/1296, which applies from 8 May 2024 to 31 December 2026.
(4) The joint recommendation proposes to renew the exemption for trap nets and fyke nets, excluding pound nets except those using a knotless bag or a water hold in the fishing vessel where the salmon can be emptied. That recommendation also proposes to maintain the 8 % discard limit relative to total annual catches of salmon in the two management areas in ICES subdivisions 22–31 and ICES subdivision 32.
(5) The Scientific, Technical and Economic Committee for Fisheries (STECF) reviewed the scientific evidence underpinning the proposed exemption at its plenary meeting on 9 March 2026 and confirmed that the conditions of this exemption remain valid (4). The STECF concluded that discard rates for the gears covered by the exemption are likely to be low and that the 8 % discard limit is likely to be met. The STECF expects the mortality impact to remain limited given the reported 70–75% post-release survival rate registered with the modified pontoon trap and when appropriate handling procedures are applied. The STECF further concluded that the continuation of the proposed exemption is unlikely to have a detectable adverse impact on the status of the Baltic salmon stocks, provided that discards remain well below the 8 % limit and the required handling conditions are effectively implemented to ensure high post-release survival.
(6) The Commission therefore considers that the exemption requested should be granted from 1 January 2027 to 31 December 2029.
(7) The measures in the new joint recommendation are in accordance with Article 15(4) point (b) and Article 18(3) of Regulation (EU) No 1380/2013, and Article 7(1) point (a) of Regulation (EU) 2016/1139.
(8) As the measures provided for in this Regulation have a direct impact on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force as urgently as possible,
HAS ADOPTED THIS REGULATION:

## Article 1 Subject matter and scope {#art_1}

This Regulation provides for an exemption from the landing obligation as regards salmon (Salmo salar) caught in the Baltic Sea for the period 2027 to 2029.

## Article 2 Definition {#art_2}

‘Baltic Sea’ means ICES divisions 3b, 3c and 3d, as specified in Article 4(2), point (b) of Regulation (EU) No 1380/2013.

## Article 3 Exemption from the landing obligation for salmon with high survival rates {#art_3}

1.   The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall not apply to salmon caught in the Baltic Sea with one of the following devices:
(a) all trap nets, with the exception of the following categories:
(i) pound nets;
(ii) pontoon traps unless they are:
— fitted with an attached pontoon knotless bag to which salmon is channelled without being lifted above the water surface, or
— combined with a water hold in the fishing vessel where the salmon is directly placed; the water hold shall be filled with water and be large enough to hold and keep immersed in the water all the salmon coming from the trap;
(b) fyke nets.
2.   The exemption provided for in paragraph 1 shall, for each Member State concerned, apply to a maximum of 8 % of the total annual catches of salmon in ICES subdivisions 22-31 and ICES subdivision 32, respectively.
3.   The salmon caught with trap nets and fyke nets shall be released immediately back into the sea.

## Article 4 Entry into force and application {#art_4}

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2027 until 31 December 2029.