Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Destructive fishing practices in the high seas and the protection of vulnerable deep sea ecosystems {SEC(2007) 1314} {SEC(2007) 1315} {SEC(2007) 1317}
Date: 2007-10-17
Institutions: European Commission
Subjects: conservation of fish stocks, deep-sea fishing, degradation of the environment, environmental protection, fisheries policy, fishery management, marine ecosystem

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.10.2007 
COM(2007) 604 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Destructive fishing practices in the high seas and the protection of vulnerable deep sea 
ecosystems 

{SEC(2007) 1314} 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Destructive fishing practices in the high seas and the protection of vulnerable deep sea 
ecosystems 

1. 

INTRODUCTION 

1.1. 

Scope and general context 

The destruction by human activity of vulnerable marine habitats in the high seas is 
one  of  the  'hidden'  environmental  catastrophes  of  our  time.  Although  these 
ecosystems  are  not  well  understood  –  indeed,  many  still  remain  to  be  located  and 
identified  –  the  damage  which  can  be  wrought  upon  them,  in  particular  by  certain 
fishing practices, is increasingly well documented.  

Available  scientific  evidence  also  suggests  that  the  biodiversity  of  the  deep  seas  is 
not evenly distributed but instead, it is concentrated in and around discrete features 
of  the  seabed  such  as  seamounts,  coral  reefs  and  hydrothermal  vents.  These 
constitute real biodiversity hot spots in the midst of vast expanses of relatively desert 
seabed. For this very reason, such ecosystems also tend to attract large numbers of 
predators, including fish, and thus they inevitably receive the lion's share of attention 
from commercial fishermen, as well as from other interested human beings (such as 
bio-prospectors,  or  deep-sea  tourists).  While  real  benefit  is  undeniably  extracted 
through such activities, the wealth that may be simultaneously destroyed, not only in 
biological,  but  also  in  economic  terms,  is  incalculable.  It  is  recognised  that  this 
ongoing  destruction  of  vulnerable  marine  habitats  in  the  highs  seas  puts  at  serious 
risk  the  achievement  of  the  global  objective  'to  significantly  reduce  the  rate  of 
biodiversity  loss  by  2010'  agreed  by  the  Johannesburg  Summit  on  Sustainable 
Development .  

On 8 December 2006, the United Nations General Assembly adopted its Resolution 
61/105  on  Sustainable  Fisheries.  In  this  resolution,  the  UN  issued  a  strong  call  for 
action  by  states  and  organisations  with  authority  over  the  deep  seas  to  regulate 
fishing  on  vulnerable  marine  ecosystems  so  as  to  protect  them  from  damage.  The 
European Commission played a leading role in the adoption of this Resolution, and 
once  it  was  passed,  the  Commission  immediately  announced  that  it  would  be 
promptly proposing a strategy to translate this call into action. 

1.2. 

Governance mechanisms currently in force  

In coastal areas, it is the coastal states which are empowered to take action to guard 
against  the  impact  of  bottom  fishing  on  fragile  ecosystems.  Many  of  them  have 
already  taken  some  initiatives  to  that  end,  including  the  European  Union  and  its 
Member  States.  In  international  waters,  and  where  they  exist,  Regional  Marine 
Conventions  have  general  responsibilities  for  the  protection  of  the  marine 
environment,  while  Regional  Fisheries  Management  Organisations  (RFMOs)  adopt 

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measures  for  the  conservation  and  management  of  living  marine  resources  and 
regulate  the  impacts  of  fishing  on  vulnerable  ecosystems.  While  some  voices  have 
been critical of their procedures and questioned their effectiveness, RFMOs have one 
inestimable  advantage  over  rival  arrangements:  they  have  the  authority  necessary 
under the Law of the Sea to take concrete and binding measures, and back them up 
with  a  compliance  and  enforcement  system.  The  European  Union  is  therefore  a 
strong  supporter  of  RFMOs,  though  not  an  uncritical  one,  and  an  activist  for  their 
empowerment.  In  fact,  most  of  the  area-based  measures  to  protect  deep  sea 
ecosystems  adopted  by  RFMOs  around  the  world  have  been  based  on  proposals 
tabled by the EU.  

The  persistence  of  areas  of  the  high  seas  where  there  is  no  regulatory  body  yet  in 
place  represents,  however,  a  major  weakness  in  the  international  system  of  marine 
governance.  It  amounts  to  an  open  invitation  to  the  continuation  and  possible 
intensification  of  destructive  fishing  practices,  especially  given  the  risk  of 
displacement  of  effort  once  they  have  been  effectively  banned  elsewhere.  In 
Resolution  61/105  the  UN  explicitly  calls  on  individual  states  to  accelerate  the 
establishment  of  RFMOs  in  these  areas,  and  to  implement  interim  measures  to 
protect vulnerable ecosystems in respect of their own vessels. Thus the EU intends to 
be  in  the  vanguard,  in  terms  both  of  advancing  the  creation  of  RFMOs  in  all 
currently  unregulated  areas  where  its  vessels  operate  (chiefly,  the  South-West 
Atlantic),  and  of  agreeing  without  delay  on  interim  spatial  restrictions  to  protect 
marine  biodiversity  in  these  areas  until  such  regulatory  bodies  are  in  place.  A  map 
illustrating the current coverage of the world's oceans by RFMOs is presented in the 
appendix. 

1.3. 

Objectives and challenges 

This  Communication  reviews  and  analyses  the  principles  which  have  recently 
crystallised out of the international debate on destructive fishing practices in the deep 
seas.  It  also  describes  the  deficiencies  of  the  present  context  and  outlines  an 
ambitious course of action which takes account of the multilateral, regional and the 
high  seas  perspective,  in  order  to  deliver  on  the  Community's  international 
commitments.  

2. 

DESTRUCTIVE FISHING IN THE HIGH SEAS: DEEP-SEA ECOSYSTEMS AT RISK 

At the Johannesburg World Summit in 2002, the international community included 
“the elimination of destructive fishing practices” among the core requirements of any 
serious strategy for sustainable development. 

The Johannesburg commitment places the problem of destructive fishing practices in 
a global context and makes it a shared challenge for all the world's nations. Fisheries 
should  no  longer  be  dealt  with  in  isolation,  but  must  be  fully  integrated  with  a 
broader  understanding  of  the  sustainability  of  the  world's  oceans.  The  Commission 

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has formally adopted this holistic approach with its recent proposals for an Integrated 
Maritime Policy1. 

The global nature of the challenge we are facing is particularly evident with regard to 
the high seas. The fundamental principles governing the freedoms and duties of the 
high seas, as established in the UN Convention on the Law of the Sea (UNCLOS), 
require  the  adoption  of  internationally  agreed  measures  for  the  conservation  of 
marine living resources in waters beyond national jurisdiction.  

On the other hand, the focus on the high seas also places the emphasis on the unique 
marine  ecosystems  to  be  found  in  deep  waters,  since  the  great  majority  of  the 
maritime space beyond the national jurisdiction of coastal States consists of just such 
deep  waters.  Other  fishing  practices  considered  destructive,  such  as  the  use  of 
explosives  or  cyanide,  are  in  principle  restricted  to  shallow  coastal  areas  and  have 
already been banned by the EU. 

There is still much to be learned about deep sea ecosystems, and dedicated research 
is underway, including significant efforts under EU auspices2.  We  know  enough  to 
say  that  certain  deep  sea  ecosystems  may  constitute  true  hot  spots  of  marine 
biodiversity. We also know that these ecosystems are extremely vulnerable because 
of  the  low  growth  rates  that  characterise  life  at  great  depths.  This  fragility  is 
particularly  evident  in  the  case  of  organisms  providing  structural  support  to  the 
habitat,  such  as  cold  water  corals,  structure-forming  sponges  and  invertebrate 
communities  that  thrive  around  hydrothermal  vents.  Fishing  with  bottom  gears  can 
be  extremely  detrimental  to  the  integrity  of  these  ecosystems,  as  has  been 
demonstrated by a growing body of scientific studies. Observed and potential sources 
of damage include bottom trawls, dredges, bottom-set gillnets, bottom-set longlines, 
pots  and  traps.  Their  effects  can  easily  be  aggravated  when  combined  with  the 
impact  of  non-fishing  activities,  such  as  hydrocarbon  prospection,  laying  of 
submarine  cables,  or  waste  dumping.  Actual  damage  to  deep  coral  reefs  has  been 
documented in the Northeast Atlantic, the West Atlantic, the Tasman Sea and other 
areas. Once such reefs are destroyed, they take an extremely long time to recover, if 
they recover at all. Studies such as these provide compelling evidence of the gravity 
of the problem and of the urgent need to take decisive protective action. 

3. 

THE INTERNATIONAL RESPONSE AND THE ROLE OF THE EU 

Already  in  2004,  Resolution  59/25  of  the  UN  General  Assembly  issued  an  explicit 
call for urgent measures to eliminate destructive fishing practices in the high seas and 
committed  to  review  in  2006  what  action  had  been  taken  by  States  and  RFMOs  in 
response to such call. The EU was a substantial contributor to this review, including 
through its April 2006 report3 on measures it has taken in response to the UN call, 
both in the context of international cooperation, and in European waters.  

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3 

Communication  from  the  Commission  "An  Integrated  Maritime  Policy  for  the  European  Union"  - 
COM(2007) 575, 10.10.2007. 
Among  others,  projects  HERMES  (http://www.eu-hermes.net)  and  OASIS  (http://www1.uni-
hamburg.de/OASIS/),  financed  under  the  6th  EC  Framework  Research  Programme.  Cf.  also  the  work 
carried out by the International Council for the Exploration of the Sea (ICES) http://www.ices.dk.  
http://ec.europa.eu/fisheries/publications/factsheets/legal_texts/ec_report59-25paras66to69final.pdf  

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Following  this  review,  on  8  December  2006,  the  General  Assembly  adopted 
Resolution 61/105. Paragraphs 80 to 95 provide guidance to States and RFMOs as to 
the key elements that must be taken into account when adopting measures to tackle 
destructive fishing practices that threaten vulnerable marine ecosystems.  

The  work  carried  out  within  the  UN  Convention  on  Biological  Diversity  (CBD) 
should also be highlighted in this context. Already in 2004, the Parties to the CBD 
recognised in its COP Decisions VII/5 and VIII/21 the serious threats to biodiversity 
in marine areas beyond national jurisdiction and stressed the need for rapid action to 
address  these  threats,  in  particular  in  areas  with  seamounts,  hydrothermal  vents  or 
cold water corals. Likewise, Regional Marine Conventions have agreed to list such 
deep sea habitats with a view to taking adequate measures for their protection in their 
areas of competence. 

Finally,  the  Food  and  Agriculture  Organisation  (FAO)  has  also  been  working  to 
develop technical guidelines for deep-sea fisheries within the framework of the Code 
of Conduct for Responsible Fishing. A detailed work plan to this end was agreed in 
March 2007.  

In  all  these  organisations,  the  EU  has  played  a  leading  role,  actively  providing 
constructive input to a very complex and at times controversial debate. This is as it 
should be. The EU is active in fisheries in the vast majority of the world seas. This 
wide-ranging involvement confers a particular responsibility on the Community both 
to  promote  progress  in  international  processes  and  to  lead  by  example  through  the 
discipline which it itself imposes on its international fleets. The EU has also used its 
influence for good purpose. The current international consensus reflects the balanced 
approach  promoted  by  the  EU.  This  approach  is  founded  on  decisive  action  in  all 
waters, irrespective of their legal status, (within and beyond national jurisdiction) but 
without  penalising  fishers  whose  activities  can  be  shown  to  be  environmentally 
sound uses of the ocean.  

UN Resolution 61/105 builds on these different international initiatives and therefore 
provides the international community with an excellent basis on which to work. The 
fact  that  its  recommendations  were  able  to  command  a  consensus,  despite  the 
difficult negotiations involved, is a very strong feature. Some measures for which the 
EU argued positively in favour, such as an immediate freeze on the 'footprint' (spatial 
extent)  of  current  bottom  fishing  activities  were  not  retained.  However,  the 
consensual  elements  that  remain  have  real  authority  and  will  be  strong  enough  to 
prompt radical changes in the way that bottom fishing is managed and, in particular, 
in the way in which the precautionary principle is henceforth translated into practice.  

The most important challenge now is to implement these measures in practice.  

4. 

THE  GENERAL  ASSEMBLY  RECOMMENDATIONS:  A  BALANCED,  EFFECTIVE 
APPROACH  

Resolution 61/105 calls on RFMOs and States "to adopt and implement measures, in 
accordance  with 
the  precautionary  approach,  ecosystem  approaches  and 
international law (…) as a matter of priority", in accordance with a package of key 
elements  that  constitute  a  rigorous  management  regime  for  high  seas  bottom 

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fisheries. The General Assembly calls for the adoption and implementation of these 
measures  by  31  December  2008  at  the  latest  (31  December  2007  in  the  case  of 
interim arrangements, cf. Section 5.3).  

The full text of the Resolution can be downloaded at following link: 
http://www.un.org/Depts/los/general_assembly/general_assembly_resolutions.htm.  

In this section, these different elements are analysed with a view to defining steps for 
their practical implementation. 

4.1. 

Prior  assessment  of  fishing 
management 

impacts:  a  radical 

innovation 

in  fisheries 

The  requirement  of  an  environmental  impact  assessment  as  a  condition  for  the 
authorisation of individual fishing activities is the first and indeed the lynchpin of the 
set of recommendations issued by the General Assembly. This represents a radically 
innovative  principle  in  fisheries  management.  In  contrast  with  other  resource 
exploitation  activities  carried  out  in  the  oceans  and  seas,  where  it  is  established 
practice  to  require  prior  impact  assessments  (e.g.  installing  offshore  oil  or  gas 
platforms), the effects of fishing on marine habitats are generally assessed only after 
the  fact,  if  at  all.  The  General  Assembly's  recommendations  will  therefore  help 
bringing  the  management  of  sensitive  bottom  fisheries  up  to  the  environmental 
standards of other maritime activities. 

In  practice,  fishing  operators  will  need  to  submit  fishing  plans  that  identify  their 
intended  fishing  areas  with  some  degree  of  precision.  On  this  basis,  the  flag  State 
authorities will then have to examine the spatial coverage of the intended activities 
and assess, in light of the scientific advice and data available to them, the potential 
risks  for  vulnerable  marine  ecosystems  known  or  likely  to  occur  in  the  intended 
fishing grounds.  

4.2. 

Identification of vulnerable marine ecosystems through improved research and 
data collection 

If  the  authorities  concerned  are  to  provide  adequate  impact  assessments,  they  will 
need  to  improve  the  information  and  analysis  they  have  access  to.  Identifying 
vulnerable  marine  ecosystems  means  not  only  ascertaining  their  location,  but  also 
improving our knowledge of their composition, ecological features and dynamics of 
the environmental constraints that result from these, and thus of their likely response 
to  different  impacts.  Particular  attention  needs  to  be  given  to  the  development  of 
modelling techniques that can help predict the location of deep water corals and other 
vulnerable marine ecosystems. 

Another  important  implication  of  the  recommendation  is  that  new  and  exploratory 
fisheries  must  be  regulated  so  that  they  implement  appropriate  research  and  data 
collection schemes in order to contribute to the identification effort.  

4.3. 

Closing sensitive areas to bottom fishing 

Finally,  it  clearly  stems  from  the  General  Assembly's  recommendations  that  the 
the  adoption  of 
primary 

to  protect  vulnerable  marine  ecosystems 

tool 

is 

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geographically-based  closures  or  special  management  areas.  Such  closures  can  be 
adopted  and  enforced  by  the  collective  decision  of  States  within  the  context  of  an 
RFMO.  RFMOs  with  competence  to  regulate  bottom  fishing  (see  Appendix)  have 
significantly increased their efforts to implement area closures in recent years. They 
will  need  to  rigorously  review  the  effectiveness  of  these  measures  and  consider 
whether  those  agreed  so  far  are  indeed  sufficient  in  number  and  extent  to  achieve 
their desired objectives. The task is also very important for fishers, as it will help to 
eliminate current uncertainties over safe  fishing  grounds.  By  making  the  protection 
of  habitats  from  destructive  fishing  an  integral  component  of  a  sound  fisheries 
management regime, RFMOs will be building significantly on their traditional remit, 
and  updating  their  standards  to  meet  society's  current  expectations.  This  is  a 
development that the EU wholeheartedly supports and will do all it can to encourage. 

With  regard  to  those  areas  beyond  national  jurisdiction  which  are  not  presently 
regulated  by  an  RFMO,  in  the  absence  of  a  collective  international  authority  to 
decide  on  closures,  it  falls  upon  individual  States,  according  to  Article  117 
UNCLOS, to apply spatial restrictions in respect of their flagged vessels, by making 
compliance with such restrictions a condition for the validity of their fishing permits. 
Given  the  absence  of  specific  compliance  review  mechanisms  such  as  those 
operating within RFMOs, the General Assembly has called for the FAO to ensure the 
transparency  of  the  measures  adopted  by  flag  States,  by  keeping  a  comprehensive 
database of the location of vulnerable marine ecosystems. States will thus be able to 
benefit  from  this  information  on  the  location  of  ecosystems  which  they  share  with 
other  flag  States  in  any  given  area,  and  will  also  be  able  to  peer  review  the  action 
taken by other States to restrain where appropriate their respective fleets. 

5. 

HOW TO IMPLEMENT THE GENERAL ASSEMBLY RECOMMENDATIONS 

5.1. 

The EU must continue to stimulate the international debate 

–  Over the next two years, the political will and ability of States will be put to the 
test  as  their  response  to  the  UN's  call  for  action  comes  under  close  scrutiny 
through the 2009 review process. The EU must use its influence as a major global 
fisheries player to ensure that a rigorous and honest review lives up to the rightful 
expectations of citizens. 

–  To  ensure  steady  and  continued  progress  in  response  to  the  calls  made  by  the 
General Assembly, transparency and peer review regarding the measures taken by 
States  and  RFMOs  will  play  an  essential  role.  The  UNGA  has  emphasised  the 
importance  of  these  aspects,  and  of  the  role  that  the  FAO  should  have  in 
producing  technical  guidelines  and  in  compiling  and  disseminating  information. 
The  EU  must  support  and  facilitate  these  processes,  starting  by  ensuring  that 
adequate access is given to information on its own initiatives and measures.  

–  The  EU  must  continue  to  support  and  contribute  actively  to  the  work  of  the 
Convention  on  Biological  Diversity  (CBD)  and  Regional  Marine  Conventions 
regarding  the  establishment  of  marine  protected  areas  in  waters  beyond  national 
jurisdiction. 

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Actions:  

–  Submission, in early 2009, of a report to the UN Secretary General, providing the 
EU  views  on  progress  made  in  addressing  destructive  fishing  practices  and 
proposing ways and means to make further progress. Preparations shall include a 
call for views from stakeholders and civil society. 

–  Assist FAO in its efforts to collect and disseminate information on measures taken 
by States, the establishment of data bases on protected areas or closures, and the 
development of technical guidelines on deep sea fisheries. 

–  Assist  CBD  and  Regional  Marine  Conventions  in  their  efforts  to  identify 
ecologically  or  biologically  significant  marine  habitats  in  need  of  protection  in 
open ocean waters and deep sea habitats. 

–  Engage consultations and demarches with UN counterparts to promote a rigorous 

review process in 2009.  

5.2. 

Implementation at RFMO level 

Most  of  the  area-based  ecosystem  protection  measures  adopted  by  RFMOs  to  date 
have been based on proposals tabled by the EU. This proactive stance must continue. 
However, the General Assembly is clearly asking the international community to go 
well  beyond  this  particular  kind  of  action.  RFMOs  should  consider  developing 
schemes  to  facilitate  the  incorporation  of  environmental  impact  assessments  into 
their  regulatory  systems.  They  should  intensify  their  joint  efforts  in  scientific 
research so as to progressively establish a reliable basis for spatial management. Any 
new  or  exploratory  fisheries  should  be  subject  to  strict  regulations,  with  rigorous 
scientific, data collection and monitoring requirements. Progress by 2009 should be 
marked by evidence that the RFMOs' approach to managing environmental risks in 
their areas of competence incorporates the principles and objectives identified by the 
General Assembly as an integral part of any satisfactory regulatory system. The EU 
must be instrumental in bringing about these changes. 

It is important to underline that RFMO members can choose to apply stricter rules to 
their  vessels  and  operators  if  they  so  wish.  The  EU  should  aim  at  ensuring  that 
RFMO  measures  attain  a  high  degree  of  protection  and  effectiveness  in  preventing 
destructive  fishing  impacts.  However,  the  EU  must  reserve  itself  the  right  to  adopt 
stricter rules for itself if it considers that the RFMO measures do not go far enough in 
this respect. 

Actions: 

The actions below should become an integral part of a steady policy for the EU over 
the coming years, subject to a first review in 2009: 

–  Implement a consistent agenda in all RFMOs to which the EU participates aimed 
at  ensuring 
to  fisheries 
management.  Key  elements  in  this  respect  will  be  a)  the  strengthening  of  the 
mechanisms  for  the  provision  of  scientific  advice  to  include  environmental 

implementation  of  an  ecosystem  approach 

the 

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considerations and specific ecosystem protection measures and b) the introduction 
of the environmental assessment concept in the management of bottom fisheries. 

–  Promote  the  completion  of  procedures  for  the  review  of  the  performance  of 
RFMOs  and  for  the  identification  of  vulnerable  marine  ecosystems  occurring  in 
each regulatory area with a view to their protection. 

5.3. 

Interim arrangements 

In the last few years, there have been significant advances towards achieving global 
coverage  of  the  world's  oceans  by  RFMOs  with  competence  to  regulate  bottom 
fisheries.  This  progress  has  been  marked  by  the  establishment  of  the  South-East 
Atlantic Fisheries Organisation (SEAFO) which is already operational in its area, the 
adoption  of  the  Southern  Indian  Ocean  Fisheries  Agreement  (SIOFA),  and  the  on-
going process to establish new RFMOs in the southern and northern Pacific.  

Given  the  length  of  the  legal  proceedings  required  before  international  agreements 
can  enter  into  force,  States  should  not  delay  the  discharge  of  their  responsibilities, 
and should therefore agree to cooperate on an interim basis for the conservation and 
management  of  the  relevant  areas.  The  EU  has  strongly  promoted  this  concept, 
which is now fully endorsed by the General Assembly. 

Interim measures recently adopted (April 2007) in the framework of the negotiations 
towards the South Pacific RFMO demonstrate just how easily this approach can be 
put into practice. These measures were decided by the participants in full cognisance 
and acceptance of the General Assembly's recommendations. The EU must now go 
on and contribute actively to the development of interim arrangements in the Indian 
Ocean. It must  then commit  to  implement  into EU law the measures agreed  within 
these  frameworks,  notwithstanding  their  voluntary  nature.  In  parallel,  the  EU  must 
actively  promote  the  completion  of  the  necessary  formal  procedures  so  that  these 
Organisations can become operational as quickly as possible. 

Actions:  

–  Transposition  of  the  interim  measures  adopted  for  the  South  Pacific  into 

Community Law by the end of 2007. 

–  Negotiation of interim measures for the Southern Indian Ocean while awaiting the 
entry into force of the SIOFA Agreement, late 2007 / early 2008. Conclusion of 
the  Agreement  in  2008.  Initiation  of  demarches  to  promote  participation  and 
speed up the entry into force of this instrument. 

–  Renewal of exploratory demarches with potentially interested third States towards 
the  establishment  of  regional  arrangements  in  areas  where  no  RFMO  is  yet  in 
place. 

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5.4. 

European  vessels  conducting  bottom  fishing  in  areas  of  the  high  seas  not 
regulated by an RFMO 

5.4.1.  Definition of problem 

The EU fleets that target deep-sea stocks in the high seas are principally deployed in 
the north east Atlantic, with some operations extending south to the eastern central 
Atlantic.  These  fisheries  are  subject  to  a  Community  deep  sea  stocks  management 
regime which includes the setting of Total Allowable Catches (TACs), restrictions on 
fishing effort, technical measures and specific control and enforcement provisions4. 
These  fisheries  are  thus  extensively  regulated,  and  the  effectiveness  of  the 
management regime is currently under review5. Where the environmental impact of 
these  fisheries  is  concerned,  they  fall  under  the  scope  of  various  EU  measures, 
including  in  particular  those  implementing  the  area  closures  and  other  technical 
requirements that have been adopted by NEAFC since 2004.  

Outside these areas, the activity of EU fleets on deep sea species in the high seas is 
relatively  limited,  and  takes  place  in  areas  where  a  competent  RFMO  is  in  place 
(SEAFO and CCAMLR).  

However, the EU does count a sizeable presence of bottom trawlers in the southwest 
Atlantic. The longstanding dispute between the United Kingdom and Argentina over 
the Falkland/Malvinas Islands has made it impossible to agree on the establishment 
of a regional management regime for straddling stocks in this area, and it is unlikely 
that these difficulties can be overcome in the near future.  

There is a potential risk for deep water corals and structure-forming sponges likely to 
occur in the outer edges of the continental slope where the EU vessels that operate in 
this region deploy their bottom gears. As noted in Section 1.2, this is an area where 
the  international  governance  system  is  weak  and  therefore  requires  stringent 
measures by flag States to prevent these risks while awaiting the establishment of an 
RFMO or arrangement. The EU must therefore respond to the UN calls by adopting 
regulations in respect of its fleets.  

5.4.2.  Policy Proposal 

The EU must bring fully under the conservation and management regime established 
under  the  Common  Fisheries  Policy  any  fishing  activities  by  its  vessels  that  take 
place  in  high  seas  waters  not  regulated  by  an  RFMO  or  where  an  RFMO  has  not 
decided  relevant  management  actions.  To  this  end,  the  Commission  is  proposing  a 
Council Regulation that implements, in respect of these vessels, the principles set out 
by the General Assembly, by building on general CFP requirements and establishing 
appropriate authorisation, monitoring and surveillance provisions. 

In  particular,  the  regulation  will  rigorously  implement  the  recommendations  of  the 
General Assembly on the crucial element of prior environmental impact assessment 

4 

5 

Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements 
and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002). 
Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  -  Review  of  the 
management of deep-sea fish stocks - COM(2007) 30. 

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as  a  condition  for  issuing  fishing  authorisations.  It  will  also  establish  ancillary 
requirements, notably relating to monitoring and control of fishing activities. These 
should  include,  in  the  Commission's  opinion,  full  on-board  observer  coverage  and 
stringent VMS provisions. In addition, a 1 000 m depth limit for the deployment of 
bottom  fishing  gears  should  be  established  to  create  a  precautionary  depth-based 
protected  area6.  Although  such  stipulations  are  not  included  among  the  General 
Assembly's  recommendations,  the  Commission  believes  that  they  are  necessary  in 
order  to  ensure  that  EU  measures  in  this  area  can  provide  effective  protection  for 
vulnerable ecosystems whose precise location has yet to be established.  

Action:  

–  Adoption – as soon as possible and in any case by December 2008 at the latest – 
of  a  Council  Regulation  implementing  the  recommendations  of  the  General 
Assembly  in  respect  of  EU  vessels  operating  in  the  high  seas  in  areas  not 
regulated  by  a  Regional  Fisheries  Management  Organisation.  The  proposal  for 
this regulation shall be tabled by the Commission simultaneously to the adoption 
of this Communication. 

6. 

CONCLUSION: THE CHALLENGE AHEAD 

The  UN  General  Assembly  will  carry  out  in  2009  a  review  of  progress  made  in 
addressing  the  problem  of  destructive  fishing  practices  in  response  to  its  call  for 
measures in Resolution 61/105. The EU should fix itself a similar task by reviewing, 
around the same period, the effectiveness of the policy and specific actions envisaged 
in this Communication. The proposed Council Regulation referred to in Section 5.4.2 
shall contain a review clause for this same purpose. The Commission will therefore 
evaluate in 2009 the results of these different measures, report on its findings to the 
Council,  the  European  Parliament,  stakeholders  and  civil  society,  and  make 
proposals  to  move  this  policy  forward  in  light  of  such  findings  and  the  views 
provided by the different actors involved in the review process. 

Grand declarations of intentions will not stop the destruction of fragile and precious 
deep-sea marine ecosystems. The considerations laid out in this communication are 
intended to set the scene for a determined policy push from the European Union. In 
2009, the EU will have the opportunity, and the obligation, to demonstrate before the 
international community that it can follow up on its commitments and that it can be a 
true leader in bringing about the end of destructive fishing. The only way we can do 
this is through concrete action, both in our own waters, and in the high seas.  

The  Commission  therefore  calls  on  the  Council  and  the  European  Parliament  to 
endorse the policy orientations and specific actions outlined in this Communication. 
It  further  calls  all  the  European  Institutions  and  stakeholders  to  join  with  it  in 
working to meet this challenge. 

6 

See  in  this  regard  Recommendation  GFCM/29/2005/1  on  the  management  of  certain  fisheries 
exploiting demersal and deepwater species. 

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Coverage of the world's oceans by Regional Fisheries Management Organisations with 
competence to over bottom (demersal) fisheries in the high seas. 

APPENDIX 

The map above shows the limits of the different RFMOs superposed on the statistical 
areas used by FAO to collect statistical fisheries data.  

–  NAFO:  Northwest Atlantic Fisheries Organisation 

–  NEAFC:  North East Atlantic Fisheries Commission 

–  WECAFC: 

Western 

and  Central  Atlantic  Fishery  Commission 

(Consultative) 

–  CECAF:  Fishery Committee for the Eastern Central Atlantic 

–  CCAMLR: 
Resources 

Commission  for  the  Conservation  of  Antarctic  Marine  Living 

–  SEAFO:  South East Atlantic Fisheries Organisation 

–  SIOFA:  Southern Indian Ocean Fisheries Agreement 

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