Council Regulation (EC) No 602/2004 of 22 March 2004 amending Regulation (EC) No 850/98 as regards the protection of deepwater coral reefs from the effects of trawling in an area north west of Scotland
Date: 2004-03-22
Institutions: Council of the European Union
Subjects: Scotland, fishing area, fishing regulations, marine life, protection of plant life

L 97/30

EN

Official Journal of the European Union

1.4.2004

COUNCIL REGULATION (EC) No 602/2004

of 22 March 2004

amending Regulation (EC) No 850/98 as regards the protection of deepwater coral reefs from the
effects of trawling in an area north west of Scotland

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

(6)

Whereas:

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 Com-
munity interest whose conservation requires the designa-
tion of special areas of conservation (4). The United
Kingdom has formally expressed its intention to desig-
nate the Darwin Mounds as a special area of conserva-
tion with a view to protecting that type of habitat in
fulfilment of its obligations provided for by the said
directive.

recovery from
According to the scientific evidence,
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.

(1)

(2)

(3)

(4)

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 policy (2) provides that the common fisheries
policy is to apply a 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 tech-
nical measures for the protection of juveniles of marine
organisms (3) 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 Explora-
tion of
the Sea, aggregations of deepwater corals
(Lophelia pertusa) have been found and mapped in detail
in an area north west of Scotland falling within the juris-
diction of
the United Kingdom. Those aggregations,
known as the ‘Darwin Mounds’, appear to be in good
conservation status but show signs of damage owing to
bottom-trawling operations.

that host

Scientific reports show that those types of aggregations
constitute habitats
important and highly
diverse biological communities. The habitats are consid-
ered in many fora as requiring priority protection. In
particular,
the
Marine Environment of the North-East Atlantic (OSPAR
Convention) has recently included deepwater coral reefs
in a list of endangered habitats.

the Convention for the Protection of

(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 para-
graph 4 shall be added:

Vessels shall be prohibited from using any bottom
‘4.
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 6°55 W

Latitude 59°47 N

Longitude 6°47 W

Latitude 59°37 N

Longitude 6°47 W

Latitude 59°37 N

Longitude 7°39 W

Latitude 59°45 N

Longitude 7°39 W

Latitude 59°54 N

Longitude 7°25 W.’

Article 2

(1) Opinion of 10 February 2004 (not yet published in the Official

Journal).

This Regulation shall enter into force on 23 August 2004.

(2) OJ L 358, 31.12.2002, p. 59.
(3) OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regu-

lation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).

(4) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

1.4.2004

EN

Official Journal of the European Union

L 97/31

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

Done at Brussels, 22 March 2004.

For the Council

The President

J. WALSH