Proposal for a Council Regulation amending Regulation (EC) No 2287/2003 as concerns the number of days at sea for vessels fishing for haddock in the North Sea and the use of bottom trawls in waters around the Azores, the Canary Islands and Madeira
Date: 2004-08-16
Institutions: European Commission
Subjects: Azores, Canary Islands, Madeira, North Sea, environmental protection, fishery management, fishing regulations, marine ecosystem, sea-bed

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.8.2004 
COM(2004) 555 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2287/2003 as concerns the number of days at sea for 
vessels fishing for haddock in the North Sea and the use of bottom trawls in waters 
around the Azores, the Canary Islands and Madeira  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council  Regulation  (EC)  No  2287/2003  fixes  the  fishing  opportunities  and  associated 
conditions for certain fish stocks and groups of stocks applicable in Community waters and 
for  Community  vessels,  in  waters  where  limitations  in  catch  are  required  for  2004. 
Amendments of the Regulation are required as a consequence of new scientific information. 

The process of integration of environmental protection requirements into the Common 
1) 
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 Policy1. 

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 flora2. 
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 
subsequently,  on  the  basis  of  a  proposal  by  the  Commission,  the  Council  has  made  this 
measure permanent by 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 Scotland3. 

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  has  ceased  to  apply  on  15  November  2003,  it  is  now  important  guarantee  a 
continuity of the protection of these areas as part of Community legislation. To that end, the 
Commission  adopted  a  proposal  to  ban  the  use  of  trawls  around  the  above-mentioned 
archipelagos  (COM(2004)56))  by  way  of  an  amendment  of  Regulation  (EC)  No  850/98  for 

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3 

OJ L 358, 20.12.2002, p. 59 
OJ L 206, 22.7.1992, p. 7 
OJ L 097, 01.04.2004, p. 30 

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the  conservation  of  fishery  resources  through  technical  measures  for  the  protection  of 
juveniles of marine organisms4. 

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. 

However,  due  to  the  renewing  of  the  European  Parliament  in  2004,  the  adoption  of  this 
proposal  will  likely  be  delayed  for  some  months  and  this  means  that  there  is  a  risk  that,  in 
absence of a protective measure, trawling activities around the Azores will produce damages 
of very difficult restoration in the deep-water habitats. 

In view of the above mentioned considerations it is appropriate to address the prohibition of 
the  use  of  trawls  in  the  areas  concerned,  by  way  of  an  amendment  to  the  2004  TAC 
Regulation,  whose  Annex  IV  deals  specifically  with  measures  on  technical  conditions  of 
fishing that should be implemented in 2004. This will allow temporary protection to the deep-
water  habitats  concerned  until  the  European  Parliament  gives  its  advice  and  a  decision  is 
taken by the Council on the Commission proposal amending Regulation (EC) No 850/98. 

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  has  existed  until 
recently. 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. 

2) 
New, detailed information has been made available from the scientific services of the 
United Kingdom showing that the proportion of cod in the catches of fleets operating outside 
the  "cod  protection  area"  has  historically  been  low.  An  increase  in  the  fishing  effort,  as 
permissible  days-at-sea,  for  vessels  that  do  not  fish  in  the  cod  protection  area  is  therefore 
expected to pose little additional risk to cod recovery. However, it is necessary to ensure that 
such  additional  fishing  opportunities  may  not  be  transferred  to  other  vessels  fishing  under 
different conditions.  

The  Council  is  requested  to  adopt  this  proposal  as  soon  as  possible  in  order  to  allow 
fishermen to plan their activities for this fishing season. 

4 

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 L …).]. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2287/2003 as concerns the number of days at sea for 
vessels fishing for haddock in the North Sea and the use of bottom trawls in waters 
around the Azores, the Canary Islands and Madeira  

THE COUNCIL OF THE EUROPEAN UNION, 

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 exploitation of fisheries resources under the Common Fisheries 
Policy 5, and in particular Article 20 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

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  flora6. 
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").  

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. 
The waters around the Azores, the Canary Islands and Madeira contains several known 
or potential deep water habitats that have until recently been preserved from trawling 
due to the special access regime defined in Council Regulation (EEC) No 2027/95 of 
15  June  1995  establishing  a  system  for  the  management  of  fishing  effort  relating  to 
certain Community fishing areas and resources7. It is therefore appropriate to prohibit 
the  use  of  bottom  trawls  and  similar  gear  in  waters  around  the  Azores,  the  Canary 
Islands and Madeira where these habitats are still in a favourable conservation status. 

(3) 

New  scientific  information  indicates  that  the  catches  of  cod  taken  in  fisheries 
prosecuted under the conditions specified in point 17 of Annex IV are likely to be low, 
and consequently these fisheries pose little additional risk to cod recovery. An increase 
in the number days fishing for haddock is therefore justified. 

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7 

OJ L 358, 31.12.2002, p. 59. 
OJ L 206, 22.7.1992, p. 7 
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). 

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(4) 

Council  Regulation  (EC)  No  2287/2003  of  19  December  2003  fixing  for  2004  the 
fishing  opportunities  and  associated  conditions  for  certain  fish  stocks  and  groups  of 
fish  stocks,  applicable  in  Community  waters  and,  for  Community  vessels,  in  waters 
where limitations in catch are required8 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Annexes  IV  and  V  to  Regulation  (EC)  No  2287/2003  are  amended  in  accordance  with  the 
Annex to this Regulation. 

Article 1 

This Regulation shall enter into force on the third 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 

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OJ L 344, 31.12.3003, p. 1 

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The Annexes to Regulation (EC) No 2287/2003 are amended as follows: 

ANNEX 

1. 

In Annex IV: 

The following point is added: 

‘19.  Trawling ban in waters around the Azores, the Canary Islands and Madeira 

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)  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 

b)  Canary Islands and Madeira 

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’ 

2. 

In Annex V: 

The following section is added in point 6: 

‘(g)  By  way  of  derogation  from  the  number  of  days  referred  to  in  subpoint  (a) 
“Grouping of fishing gears referred to in point 4a”, Member States may increase the 
maximum days present within the area and absent from port to 12 for vessels fitted 
with VMS and holding special fishing permits, referred to in point 17 (b) of Annex 
IV, that are valid a calendar month or more.  

Such vessels  

– 

shall notify national authorities of the place and time at which any landings of 
fish will be made at least four hours before such a landing occurs,  

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– 

– 

may  only  aggregate  days  as  laid  down  in  subpoint  (b)  for  the  period  that  a 
special fishing permit, referred to in point 17 (b) of Annex IV, is held without 
interruption,  

may only transfer days as referred to in point 10 to vessels that benefit from an 
increase of the fishing days in accordance with this subpoint.’ 

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