2005/322/EC: Commission Decision of 26 February 2005 on the request presented by the United Kingdom pursuant to Article 9 of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (notified under document number C(2005) 411)
Date: 2005-02-26
Institutions: European Commission
Subjects: Belgium, English Channel, France, United Kingdom, by-catch, fishery management, fishery resources, fishing net, fishing rights, ship's flag

23.4.2005

EN

Official Journal of the European Union

L 104/37

COMMISSION

COMMISSION DECISION

of 26 February 2005

on the request presented by the United Kingdom pursuant to Article 9 of Council Regulation (EC)
No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the
Common Fisheries Policy

(notified under document number C(2005) 411)

(Only the English, French and Dutch texts are authentic)

(2005/322/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploi-
tation of
the Common Fisheries
Policy (1), and in particular Article 9 thereof,

resources under

fisheries

Whereas:

(1)

(2)

On 27 January 2005, the United Kingdom consulted the
Commission pursuant to Article 9 of Regulation (EC)
No 2371/2002 on the extension of a domestic ban on
pair trawling for bass within the 12 miles limit off the
south-west coast of England to vessels of other Member
States having fishing access to this area, with a view to
reducing the by-catch of cetaceans as an interim step
until more effective, coordinated action at Community
level is possible. When presenting this request, the autho-
rities of the United Kingdom referred to their concerns
about levels of by-catch of common dolphins in the bass
pair trawl fishery and to the Commission decision to
reject
this
their case for an emergency closure of
fishery in the Western Channel (ICES division VIIe) (2).

to Article

According
(EC)
17(2)
No 2371/2002, French and Belgian vessels are authorised
to fish for demersal species in the 6 to 12 mile area and
would therefore be concerned by the draft measures
proposed by the United Kingdom.

of Regulation

(3)

In accordance with the conditions stipulated in Article 9
of Regulation (EC) No 2371/2002, the United Kingdom

(1) OJ L 358, 31.12.2002, p. 59.
(2) Commission Decision of 24 August 2004 on the request presented
by the United Kingdom pursuant to Article 7 of Regulation (EC)
No 2371/2002 — C(2004) 3229

has communicated its request to the concerned Member
States. Within the deadline of
five working days laid
down in Article 9 of Regulation (EC) No 2371/2002,
the Commission has received written comments from
France,
the
United Kingdom’s request.

inviting the Commission not

to accept

(4)

(5)

and of wild fauna

The Commission is concerned by the by-catch of
cetaceans, which are protected by Council Directive
92/43/EEC of 21 May 1992 on the conservation of
and flora (3),
natural habitats
observed in some fisheries and is fully committed to
reduce as much as possible the number of
such
animals drowning in fishing gear. Community action
has been taken recently through Council Regulation
(EC) No 812/2004 of 26 April 2004 laying down
measures concerning incidental catches of cetaceans in
fisheries and amending Regulation (EC) No 88/98 (4).

The abovementioned Regulation provides for observers
to be placed on vessels conducting pair trawl fisheries
as from 1 January 2005. The issue of cetacean by-catch
in pelagic pair trawling is a complex one and was speci-
fically addressed as part of the comprehensive scientific
review and advice given by the International Council for
the Exploration of the Sea (ICES) on cetacean by-catch in
fisheries (5). ICES indicated that ‘other fisheries than pair
trawling for bass also catch dolphins’ and that ‘there is a
need for a comprehensive monitoring of the numerous
trawl fisheries active in this region before we can be
precise about mitigation requirements’. ICES considered
in particular that a ‘ban on pelagic pair trawling for bass’
would be an ‘arbitrary measure, unlikely to achieve the
desired goal’. A prohibition on the use of pair trawls to
target sea bass in the United Kingdom inshore waters in
the Western Channel is likely to result in a redistribution
of fishing effort into adjacent areas, without necessarily
reducing the by-catch of common dolphins.

(3) 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).

(4) OJ L 150, 30.4.2004, p. 12.
(5) Reports of

the ICES Advisory Committee on Ecosystems (ACE),

2002 and 2003, available at http://www.ices.dk

L 104/38

EN

Official Journal of the European Union

23.4.2005

(6)

(7)

(8)

to Article 9 of Regulation (EC)
Although pursuant
No 2371/2002 a Member State may take measures in
order to minimise the impact of
fishing activities on
marine ecosystems, according to the scientific infor-
mation available the proposed measure is not likely to
contribute to that objective.

cetaceans. As soon as this information becomes available,
the Commission will propose, where
appropriate,
necessary measures
cooperation with all
interested parties.

in close

(9)

In conclusion,
Kingdom cannot be accepted,

the request submitted by the United

reasons

the
the
This
reasoning was one of
the United Kingdom’s
Commission decision to reject
for emergency action to ban pelagic trawling
request
for bass in the Western Channel in August 2004. Since
then, no new scientific information has been made
available that could justify a change in this analysis.

for

the nature and the scale of

The Commission considers that the issue of cetacean by-
catch in pelagic trawls should be addressed in an effective
and coordinated manner, based on sound scientific
understanding of
the
problem.
In order to achieve this, the Commission is
financially supporting scientific studies and research to
develop mitigation measures for by-catch of cetaceans
fisheries or to update the scientific
in pelagic trawl
estimates of
in
European Atlantic waters. These studies and research
in combination with data on by-catch of
projects,
cetaceans in a large number of
fisheries that will be
made
through the Community observer
programme, are designed to provide, within a reasonable
timeframe, a technical basis for targeted and effective
management measures to limit the effects of fishing on

the abundance of

cetaceans

available

small

HAS ADOPTED THIS DECISION:

Article 1

The request submitted by the United Kingdom under Article 9
of Regulation (EC) No 2371/2002 to extend the closure of the
pair trawl fishery for bass within 12 miles of the south-west
coast of England to vessels of other Member States is rejected.

Article 2

This Decision is addressed to the Kingdom of Belgium, the
French Republic and the United Kingdom of Great Britain and
Northern Ireland.

Done at Brussels, 26 February 2005.

For the Commission

Joe BORG
Member of the Commission