WRITTEN QUESTION E-0724/03

by Rosa Miguélez Ramos (PSE) to the Commission

(11 March 2003)

Subject: Prestige: sensitive sea areas

On 21 November 2002, the European Parliament adopted a resolution on the Prestige disaster off the coast of Galicia. Paragraph 11 reads:

Calls on the Commission, in agreement with the Member States, to draw up a list of European sea-fishing areas which warrant special protection by virtue of the nature of their marine ecosystems, their fishery, shellfish and aquaculture resources and their high level of dependency on fisheries;

How does the Commission review this request from Parliament?

What initiatives has it taken or does it intend to take in response?

Answer given by Mrs Wallström on behalf of the Commission

(16 April 2003)

The Commission has always supported the need to take measures to protect marine sites in order to safeguard them from the possible impact of human activities, and shares Parliament's point of view in this respect.

The reasons for protection are varied, and include those mentioned by the Honourable Member.

At Community level, there are several legislative instruments which already make it possible to provide special protection for marine sites. Mention should be made of Directives 92/43/EEC(1), the Habitats Directive, and 79/409/EEC(2), the Birds Directive, which concern nature protection, and the relevant measures under the Common Fisheries Policy.

In particular, the definition of marine areas that warrant special protection by virtue of the nature of their ecosystems is a responsibility of Member States in accordance with both Nature Directives. A working party has been set up to speed up the implementation of the Habitats and Birds Directives in the marine environment. Its main objective is to ensure a common approach to the designation of marine sites and their future management.

As regards the Common Fisheries Policy (CFP), some areas requiring special protection by virtue of their fishery resources are already defined and subject to certain specific measures (the so-called boxes). Following the reform of the CFP, the Commission committed to review these area restrictions to ensure that they are solely based on scientific criteria of conservation.

The concept of areas highly dependent on fisheries was defined in 1976 as part of the criteria to determine the first allocation of fish quotas, which were agreed in 1983. The criteria to determine quota allocation for new fishing opportunities will be based, in accordance with Article 20 (2) of Council Regulation (EC) No 2371/2002(3), on the interests of each Member State, and, and therefore there is no need to define again such areas for the purpose of quota allocation. Similarly, following Council Regulation (EC) No 1260/1999(4) on the Structural Funds, depressed areas dependent on fisheries were defined in accordance with Article 4 in order to be covered by Objective 2.

At all events, the Commission considers that the site protection measures should concern human activities with an impact on the sites. This sectoral approach proposed for special conservation areas established through the application of the Habitats Directive could also apply to other cases concerning the marine environment.

With regard to the creation of particularly sensitive maritime areas, this is the responsibility of the Member States in the framework of the International Maritime Organisation (IMO). The Commission, which, in its Communication of 3 December 2002, proposed coordinated action by the Member States to study the introduction of new measures to protect their coastal waters, will support the Member States' proposals to designate such areas if necessary.

More in-depth discussions on this subject with the Member States and other international partners will no doubt take place in the context of the work on the preparation of the new Community thematic strategy for the conservation of the marine environment(5).

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.

(2) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979.

(3) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, OJ L 358, 31.12.2002.

(4) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds, OJ L 161, 26.6.1999.

(5) Communication from the Commission to the Council and Parliament: Towards a strategy to protect and conserve the marine environment, COM(2002) 539 final.