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 an area north west of Scotland
Date: 2003-08-27
Institutions: European Commission
Subjects: EU environmental policy, Scotland, environmental protection, fishing net, sea-bed

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.8.2003
COM(2003) 519 final

2003/0201 (CNS)

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 an area north west of Scotland

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  process  of  integration  of  environmental  protection  requirements  into  the  Common
Fisheries Policy calls for the adoption of measures to minimise the impact of fishing activities
on  marine  ecosystems.  This  requirement  is  expressly  mentioned  in  Article  2  of  Regulation
(EC)  No  2371/2002  on  the  conservation  and  sustainable  exploitation  of  fisheries  resources
under the Common Fisheries Policy.

Recent scientific reports have shown that certain deep-water habitats are in need of protection
against mechanical erosion by fishing gear. These include the habitats formed by deep-water
coral (Lophelia pertusa) aggregations such as the ones recently discovered in the north west
of Scotland, known as the “Darwin Mounds”.

These deep-water habitats are increasingly  the  subject  of  attention  in  international  fora.  For
example,  the  Convention  for  the  Protection  of  the  Marine  Environment  of  the  North-East
Atlantic  ("OSPAR  Convention")  ha  recently  included  deep-water  coral  reefs  in  a  list  of
endangered habitats. Deep-water habitats are also being dealt with within the United Nations
informal consultative process on oceans and the law of the sea as vulnerable habitats requiring
special  protection.  While  several  coastal  States  around  the  world  have  already  taken  the
required protection measures, the European Community has not  yet done so, despite intense
pressure from certain sectors of public opinion and non-governmental organisations.

Deep-water coral reefs such as the ones found in the Darwin Mounds are included in Annex I
of Council Directive 92/43/EEC, on the conservation of natural habitats and of wild fauna and
flora 1 as natural habitats of Community interest whose conservation requires the designation
of special areas of conservation, with a view to their integration in the Nature 2000 network.
The United Kingdom has formally expressed its intention to designate the Darwin Mounds as
a special area of conservation, in fulfilment of its obligations under the Directive. It should be
noted, however, that the adoption of this proposal is without prejudice to the need for the UK
to continue  the  process  leading to  the inclusion of  the  Darwin Mounds in  the  list  of  Natura
2000 sites.

In view of the above-mentioned considerations, and given the importance that damage from
erosion by bottom trawls may have for the survival of these habitats, it is appropriate to issue
a prohibition of the use of these gears in the Darwin Mounds by way of an amendment to the
existing technical measures regulation (Regulation (EC) No 850/98).

On  the  other  hand,  and  given  that  this  damage  may  be  non-reversible  or  very  difficult  to
repair, the Commission is in the process of adopting a regulation issuing a similar prohibition
by way of an emergency measure provided for in Article 7 of Regulation (EC) No 2371/2002.

While the environmental benefits of the measure will be significant, the fishing industry will
not  suffer  major  consequences,  since  it  can  continue  to  fish  with  bottom  trawls  outside  the
relatively  small  part  of  the  fishing  grounds  affected  by  the  Darwin  Mounds,  or  within  the
protected  area  using  towed  gear  not  in  contact  with  the  bottom,  such  as  pelagic  trawls  and
longlines, purse seines and other fixed gear.

1

OJ L 206, 22.7.1992, p. 7

2

                                                
2003/0201 (CNS)

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 an area north west of Scotland

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
37 thereof,

Having regard to the proposal from the Commission2,

Having regard to the opinion of the European Parliament3,

Whereas:

(1)

(2)

(3)

(4)

2

3

4

5

Article  2  of  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the
conservation  and  sustainable  exploitation  of  fisheries  resources  under  the  Common
Fisheries  Policy4  provides  that  the  common  fisheries  policy  is  to  apply  the
precautionary approach in taking measures to minimise the impact of fishing activities
on marine ecosystems.

Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery
resources  through  technical  measures  for  the  protection  of  juveniles  of  marine
organisms5 establishes restrictions on the use of demersal towed gears.

According to recent scientific reports , and in particular the reports of the International
Council  for  the  Exploration  of  the  Sea,  aggregations  of  deep-water  corals  (Lophelia
pertusa)  have  been  found  and  mapped  in  detail  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.

Scientific  reports  show  that  those  type  of  aggregations  constitute  habitats  that  host
important  and  highly  diverse  biological  communities.  The  habitats  are  considered  in
many  fora  as  requiring  priority  protection.  In  particular,  the  Convention  for  the
Protection  of  the  Marine  Environment  of  the  North-East  Atlantic  ("OSPAR
Convention")  has  recently  included  deep-water  coral  reefs  in  a  list  of  endangered
habitats.

OJ , , p. .
OJ , , p. .
OJ L 358, 31.12.2002, p. 59.
OJ  L  125,  27.4.1998,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  973/2001  (OJ  L  137,
19.5.2001, s. 1).

3

                                                
(5)

(6)

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats
and  of  wild  fauna  and  flora  includes  reefs  within  the  natural  habitats  of  Community
interest whose conservation requires the designation of special areas of conservation6.
The  United  Kingdom  has  formally  expressed  its  intention  to  designate  the  Darwin
Mounds as a special area of conservation with a view to protect that type of habitat in
fulfilment of its obligations provided for by the Directive.

According to the scientific evidence, recovery from damage to coral 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 the area
surrounding the Darwin Mounds.

(7)

Regulation (EC) No 850/98 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 30 of Regulation (EC) No 850/98, the following paragraph 4 is added:

“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  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 seventh day following that of its publication in
the Official Journal of the European Union.

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

Done at Brussels,

For the Council
The President

6

OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 97/62/EC (OJ L 305, 8.11.1997, p.
42).

4