Why the Landing Obligation Needs Reform
The councils recommend shifting to an adaptive system focused on bycatch avoidance, improved selectivity and robust data collection. “Future assessments should focus more explicitly on outcomes—particularly the extent to which the LO contributes to reducing unwanted catches and achieving sustainability objectives,” the advice notes.
They call for more consistent use of quota flexibilities, a review of exemption conditions, adaptation of TACs and LO species lists for mixed fisheries, and continuation of the quota-exchange pool to prevent premature closures.
Mixed Fisheries and Choke Species Challenges
Persistent choke risks in the North Western Waters and North Sea remain the main obstacle to LO implementation. “Choke species have been recognised as the main obstacle to LO implementation in the NWW,” the councils warned. They urge priority for avoidance measures such as gear modifications informed by spatial distribution data and maintaining the quota-exchange pool for Member States lacking quota, while directed fishing on zero-catch-advice stocks remains prohibited.
A Bottom-Up Approach and Better Data
The councils argue enforcement alone will not ensure success. “Positive incentives and meaningful collaboration with fisheries on their contribution to scientific data would be a more pragmatic and effective way forward,” they said.
They also call for a consistent, EU-wide definition of “high risk of non-compliance with the landing obligation” to avoid fragmented control practices across Member States. “A more balanced framework is needed, one that includes supportive and adaptive measures for fishers and fosters trust in the system,” the advice adds.
Funding, Innovation and Energy Transition
Delivering real reductions in unwanted catches requires sustained investment. “Financial mechanisms should support the development of selective gear, innovations in catch handling, and operational and energy transition changes,” the councils recommend.
Pilot projects under Article 14 should continue to test, prove and scale practical bycatch-reduction strategies with AC involvement. “These projects have already stimulated research into more selective fishing methods and encouraged measures that prevent unwanted catches,” the advice notes.
Aligning Rules and Regional Flexibility
The councils want conflicts between the LO and the Technical Measures Regulation resolved quickly, with legislation made more flexible and receptive to innovation. “One of the reasons why innovations in fishing techniques and gears have encountered difficulty in their implementation is the lack of flexibility in the Technical Measures Regulation,” they said.
Exemptions—particularly de minimis and high-survivability—are essential compliance tools in mixed fisheries and should be applied under clear, transparent criteria rather than treated as loopholes. “Exemptions are critically important for mixed fisheries viability,” the advice stresses.
What They Support—and What They Reject
The advice supports enhanced catch monitoring, improved dissemination of scientific data to stakeholders, regional adaptability, expanded funding programmes (EMFAF, Horizon Europe), market development for low-value catches aligned with sustainability goals, and harmonised enforcement frameworks that include Remote Electronic Monitoring where appropriate.
However, they reject a control-first approach, oppose reductions in exemptions that would undermine mixed-fishery viability, and caution against assuming tighter monitoring alone will “fix” the LO without fundamental reform of its design and objectives.
How This Shapes Future Policy
The Commission’s study and the councils’ advice are central to the CFP evaluation process now underway. Legislative proposals for CFP reform are expected in 2026, and the councils want their recommendations reflected before new rules are drafted. They stress that any changes to the LO should align with TAC setting and mixed-fishery management for 2026 and beyond.
“A comprehensive reform of the Landing Obligation should focus primarily on preventing and reducing unwanted catches,” the advice concludes. If adopted, these changes will influence how fishing opportunities are allocated and managed under the next CFP cycle, moving away from rigid enforcement toward adaptive, collaborative solutions.
The Bigger Picture
In the upcoming CFP evaluation, the councils urge the Commission to judge measures by outcomes—actual reductions in unwanted catches and progress toward sustainability—rather than mere compliance metrics. “The primary objective of LO-related measures should be avoidance and minimisation of unwanted catches,” they conclude.
The bottom line from NWWAC and NSAC: keep fishermen at the centre, invest in practical solutions, and refocus the LO on avoiding unwanted catches—so Europe manages mixed fisheries with realism, scientific rigour and long-term vision.