# EUR-Lex - 52004AP0108 - EN

Important legal notice

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# 52004AP0108

**European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 850/98 as regards the protection of deep-water coral reefs from the effects of trawling in certain areas of the Atlantic Ocean (COM(2004)0058 — C5-0074/2004 — 2004/0020(CNS)) **

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Official Journal 226 E , 15/09/2005 P. 0344 - 0346 *

P6_TA(2004)0108

Protection of deep-water coral reefs from the effects of trawling in certain areas of the Atlantic Ocean *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 850/98 as regards the protection of deep-water coral reefs from the effects of trawling in certain areas of the Atlantic Ocean (COM(2004)0058 — C5-0074/2004 — 2004/0020(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2004)0058) [1],

- having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0074/2004),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0037/2004),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

RECITAL 1a (new)

| (1a) Article 2 of Regulation (EC) No 2371/2002 also stipulates that the principles of good governance by which the Common Fisheries Policy should be guided include a decision-making process based on sound scientific advice and broad involvement of stakeholders at all stages. This implies that the Regional Advisory Councils shall be consulted on the management of fisheries in those areas where Community measures addressing conservation and management are proposed. |

Amendment 2

RECITAL 3a (new)

| (3a) The protection of these areas from the adverse impact of fishing is entirely consistent with, and required under, Articles 5 and 6 of the 1995 UN Fish Stocks Agreement, in particular the provisions requiring the application of the precautionary approach and the protection of biodiversity in the marine environment. |

Amendment 3

RECITAL 4

(4) According to scientific evidence, recovery from damage to these habitats produced by trawl gear towed through the bottom is either impossible or very difficult and slow. It is therefore appropriate to prohibit the use of bottom trawls and similar gear in areas where these habitats are still in a favourable conservation status. | (4) According to scientific evidence, recovery from damage to these habitats produced by trawl gear towed through the bottom is either impossible or very difficult and slow. It is therefore appropriate to prohibit the use of fishing gear likely to cause real damage to coral reefs in areas where these habitats are still in a favourable conservation status. |

Amendment 7

ARTICLE 1Article 30, paragraph 4, introduction (Regulation (EC) No 850/98)

4. Vessels shall be prohibited from using any bottom trawl or similar towed nets operating in contact with the bottom of the sea in the areas bounded by a line joining the following coordinates: | 4. The use of fishing gear likely to cause actual damage to coral reefs and their habitats, in particular bottom trawl, bottom set gillnets or similar towed nets operating in contact with the bottom of the sea shall be prohibited in the areas bounded by a line joining the following coordinates: |

Amendment 4

ARTICLE 1Article 30, paragraph 4a (new) (Regulation (EC) No 850/98)

| 4a. The Regional Advisory Councils shall be consulted on the implementation of paragraph 4. |

Amendment 5

ARTICLE 1Article 30, paragraph 4b (new) (Regulation (EC) No 850/98)

| 4b. The ban laid down in paragraph 4 and the definition of coordinates contained in points (a) and (b) thereof shall be reviewed, in the light of new scientific information available, two years after its entry into force. |

Amendment 8

ARTICLE 1Article 30, paragraph 4c (new) (Regulation (EC) No 850/98)

| 4c. By 31 December 2005 the Commission shall present to the European Parliament and the Council a report assessing the conservation status of other areas of similarly sensitive deep water habitats in EU waters. On the basis of this report the Council shall decide on any necessary additions to the list contained in paragraph 4. |

[1] Not yet published in OJ.

[2] OJ L 189, 3.7.1998, p. 17.

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