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
Date: 2004-02-03
Institutions: European Commission
Subjects: Atlantic Ocean, conservation of fish stocks, fishery resources, fishing area, fishing net, fishing regulations, marine ecosystem

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.2.2004 
COM(2004) 58 final 

2004/0020 (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 certain areas of the Atlantic Ocean 

. 

(presented by the Commission) 

EN 

   EN 

 
 
 
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,  thermal  vents  and  carbonate  mounds.  According  to 
recent  scientific  reports,  and  in  particular  the  reports  of  the  International  Council  of  the 
Exploration of the Sea (ICES), several of these habitats have been found and mapped in the 
Atlantic.  Lophelia  pertusa  has  been  recorded  off  the  Canary  Islands  and  in  several  sites  at 
depths mostly greater than 1000m around the Atlantic islands of Madeira and the Azores.  

These  deep-water  habitats  are  defined  as  habitats  of  Community  interest  in  Directive 
92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora1. 
Furthermore, they are increasingly the subject of attention in international fora concerned with 
environmental  protection.  For  example,  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. Deep-water habitats are also being dealt with 
within  the  United  Nations  informal  consultative  process  on  oceans  and  the  law  of  the  sea 
(UNICPOLOS)  as  vulnerable  habitats  requiring  special  protection.  Several  coastal  States 
around the world have already taken the required protection measures. On 20 August 2003 the 
Commission, at the request of the UK, approved emergency measures pursuant to Article 7 of 
Regulation  2371/2002,  banning  the  use  of  bottom  trawl  gear  in  the  Darwin  Mounds,  and  a 
proposal is in course of decision-taking by Council to make this measure permanent by way 
of  an  amendment  to  Regulation  (EC)  No  850/98  for  the  conservation  of  fishery  resources 
through technical measures for the protection of juveniles of marine organisms2 .  

Moreover,  the  Community  fishing  zone  around  the  Azores,  Madeira  and  Canary  Islands 
contains several known or potential deep water habitats that have so far been preserved from 
trawling due to the special access regime defined in Council Regulation (EC) No 2027/95. As 
this  regime  will  cease  to  apply  in  2004,  it  is  now  important  guarantee  a  continuity  of  the 
protection of these areas as part of Community legislation. 

In preparing this proposal for protection to these important marine habitats, the Commission 
has considered the most recent reports of ICES. In particular, ICES has called the attention to 
the sensitivity of these habitats to the effects of trawling. 

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  trawls  in  the  areas  concerned  (see  map  attached),  by  way  of  an 
amendment  to  the  existing  technical  measures  regulation  (Regulation  (EC)  n°850/98).  This 
amendment  will  be  included  in  the  recast  of  the  latter  Regulation,  which  is  under 
consideration by the Council of Ministers at the moment. 

1 
2 

OJ L 358, 31.12.2002, p. 59. 
OJ L 125, 27.4.1998, p. 1. 

2 

 
 
  
 
                                                 
While  the  long-term  environmental  benefits  of  the  measure  will  be  significant,  the  fishing 
industry  will  not  suffer  major  consequences,  since  the  prohibition  to  trawl  exists  already  at 
present. In addition, fleets can continue to fish 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. 

For information purposes a map showing the areas concerned is attached to this explanatory 
memorandum. 

3 

 
 
  
 
Map of proposed areas where bottom trawling is forbidden. 

4 

 
 
  
 
 
2004/0020 (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 certain areas of the Atlantic Ocean 

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 Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

(3) 

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  Policy5  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 
organisms6 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  (ICES),  highly  sensitive  deep-water  habitats 
have been found and mapped in the Atlantic. Those habitats host important and highly 
diverse  biological  communities  and  are  considered  to  require  priority  protection.  In 
particular, they are defined as habitats of Community interest in Directive 92/43/EC of 
21  May  1992  on  the  conservation  of  natural  habitats  and  of  wild  fauna  and  flora7. 
Furthermore,  deep-water  coral  reefs  have  recently  been  included  in  a  list  of 
endangered  habitats  in  the  framework  of  the  Convention  for  the  Protection  of  the 
Marine Environment of the North-East Atlantic ("OSPAR Convention"). 

3 
4 
5 
6 

7 

OJ C […], […], p. […]. 
OJ C […], […], 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,  p.  1).  [Regulation  as  last  amended  by  Regulation  (EC)  No  […/…] 
OJ C […], […], p. […]. 
OJ L 206, 22.7.1992, p. 7 

5 

 
 
  
 
                                                 
(4) 

(5) 

(6) 

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. 

The waters around the Azores, Madeira and Canary Islands contains several known or 
potential deep water habitats that have so far been preserved from trawling due to the 
special access regime defined in Council Regulation (EC) No 2027/95 of 15 June 1995 
establishing  a  system  for  the  management  of  fishing  effort  relating  to  certain 
Community fishing areas and resources8. 

Therefore, it is appropriate to ensure the protection of those areas through an extension 
of  the  restrictions  on  the  use  of  demersal  towed  gears  contained  in  Regulation  (EC) 
No 850/98. 

(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  areas  bounded  by  a  line  joining  the  following 
coordinates: 

a) 

area named “Madeira and Canaries” 

Latitude 27° 00’N 

longitude 19° 00’ W 

Latitude 26°00’ N 

longitude 15° 00’ W 

Latitude 29° 00’N 

longitude 13° 00’ W 

Latitude 36° 00’N 

longitude 13° 00’ W 

Latitude 36° 00’ N 

longitude 19° 00’ W  

b) 

area named “Azores” 

Latitude 36° 00’ N 

longitude 23° 00’ W 

Latitude 42° 00’ N 

longitude 23° 00’ W 

Latitude 42° 00’ N 

longitude 34° 00’ W 

Latitude 36° 00’ N 

longitude 34° 00’ W” 

8 

OJ  L  199,  24.8.1995,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  1954/2003 
(OJ L 289, 7.11.2003, p. 1). 

6 

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

Article 2 

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

Done at Brussels, […] 

For the Council 
The President 

7