Commission Regulation (EC) No 1475/2003 of 20 August 2003 on the protection of deep-water coral reefs from the effects of trawling in an area north west of Scotland
Date: 2003-08-20
Institutions: European Commission
Subjects: Scotland, environmental protection, fishing net, sea-bed

L 211/14

EN

Official Journal of the European Union

21.8.2003

COMMISSION REGULATION (EC) No 1475/2003

of 20 August 2003

on the protection of deep-water coral reefs from the effects of trawling in an area north west of
Scotland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploita-
tion of
the Common Fisheries
Policy (1), and in particular Article 7 thereof,

resources under

fisheries

Whereas:

(1)

(2)

(3)

(4)

In accordance with Regulation (EC) No 2371/2002, the
common fisheries policy is to apply the precautionary
approach in taking measures to minimise the impact of
fishing activities on marine ecosystems.

According to recent scientific reports, and in particular
the reports of the International Council for the Explora-
tion of
the Sea, aggregations of deep-water corals
(Lophelia pertusa) have been found and mapped in an area
north west of Scotland falling within the jurisdiction of
the United Kingdom. Those aggregations, known as the
‘Darwin Mounds’, appear to be in good conservation
status but show signs of damage due to bottom-trawling
operations.

requiring priority protection.

Scientific reports show that such aggregations constitute
habitats that host important and highly diverse biolo-
gical communities. Those habitats are widely recognised
as
the
Convention for the Protection of the Marine Environ-
ment of the North-East Atlantic (OSPAR Convention)
has recently included deep-water coral reefs in a list of
endangered habitats.

In particular,

Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and
last amended by Directive 97/62/EC (3),
flora (2), as
includes reefs within the natural habitats of Community
interest whose conservation requires the designation of
special areas of conservation. The United Kingdom has
formally expressed its intention to designate the Darwin
Mounds as a special area of conservation with a view to
protecting that type of habitat in fulfilment of its obliga-
tions under that Directive.

(5)

(6)

(7)

The United Kingdom has called the attention of the
Commission to the fact that some trawlers, in pursuing
moving concentrations of deep-water fish, may concen-
trate in the area of the Darwin Mounds and inflict irre-
mediable damage on these deep-water habitats.

The United Kingdom has therefore requested that emer-
gency measures be adopted under Regulation (EC) No
2371/2002 to prohibit the use of bottom-trawls in the
The United
abovementioned
coral
to the other
Kingdom has communicated its request
Member States, which have not sent any comment to
the Commission within the deadline.

aggregations.

In the light of the evidence provided by the United
Kingdom, it must be concluded that the conservation of
the habitat in question is under serious threat and that
immediate action is required. Significant fishing activities
area
using bottom-trawls would continue
any
the
concerned over
measures could be adopted by the Council; it is therefore
appropriate immediately to prohibit with immediate
effect the use of bottom-trawls in the abovementioned
coral aggregations by way of the emergency measures
under Regulation (EC) No 2371/2002,

in the
coming months, before

HAS ADOPTED THIS REGULATION:

Article 1

Vessels shall be prohibited from using bottom-trawl or similar
towed nets operating in contact with the bottom of the sea in
the area bounded by a line joining the following coordinates:

Latitude 59° 54' N longitude 7° 39' W

Latitude 59° 54' N longitude 6° 47' W

Latitude 59° 37' N longitude 6° 47' W

Latitude 59° 37' N longitude 7° 39' W

Article 2

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 206, 22.7.1992, p. 7.
(3) OJ L 305, 8.11.1997, p. 42.

It shall apply for six months.

21.8.2003

EN

Official Journal of the European Union

L 211/15

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission