Commission Implementing Decision of 11 December 2013 confirming measures proposed by the United Kingdom for the protection of marine ecosystems in the areas of conservation Haisborough Hammond & Winterton; Start Point to Plymouth Sound & Eddystone, and Land's End & Cape Bank (notified under document C(2013) 9003) (Only the Dutch, English and French texts are authentic) (2014/13/EU)

Commission Implementing Decision

of 11 December 2013

confirming measures proposed by the United Kingdom for the protection of marine ecosystems in the areas of conservation Haisborough Hammond & Winterton; Start Point to Plymouth Sound & Eddystone, and Land's End & Cape Bank

(notified under document C(2013) 9003)

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

(2014/13/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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(1), and in particular Article 9 in conjunction with Article 8(3) thereof,

Whereas:

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(2) provides for the possibility to designate at EU level specific conservation sites. Under Articles 3 and 4, that Directive requires Member States to establish special areas of conservation and, under Article 6 thereof, to take the necessary measures to protect these sites from disturbance and deterioration.

(2) By Commission Implementing Decision 2012/13/EU(3) the areas called Haisborough, Hammond & Winterton (UK0030369), Start Point to Plymouth Sound & Eddystone (UK0030373) and Land's End & Cape Bank (UK0030375) were included in the list of Sites of Community Importance under Article 4(2) of Directive 92/43/EEC.

(3) Measures concerning the conservation, management and exploitation of living aquatic resources are subject to the rules of the common fisheries policy.

(4) Article 9 of Regulation (EC) No 2371/2002 enables Member States to take non-discriminatory measures to minimise the effect of fishing on the conservation of marine ecosystems within 12 nautical miles, provided that the Union has not adopted measures addressing conservation or management specifically for that area. Directive 92/43/EEC requires the establishment of conservation measures as necessary for these sites. The Member States’ measures must be compatible with the objectives of the common fisheries policy as set out in Article 2 of Regulation (EC) No 2371/2002 and no less stringent than existing Union legislation. If the measures apply to fishing vessels from other Member States, they must be notified to the Commission, to the Member States and to the Regional Advisory Councils concerned and be subsequently confirmed by the Commission.

(5) On 18 November 2013 the United Kingdom notified the measures it intends to take in the above three areas of conservation to Belgium and France, which are the Member States concerned by the measures, as well as to the North Sea Regional Advisory Council, the North Western Waters Regional Advisory Council and to the European Commission.

(6) The measures put forward on the basis of Directive 92/43/EEC by the United Kingdom establish a zoning of the three areas of conservation, and the prohibition to use any bottom towed fishing gear within specified areas in each of the three designated areas of conservation. For the purposes of the measures addressed by this Decision, the United Kingdom defines bottom towed gear as any fishing gear pushed or pulled through the water which touches the seabed. This includes demersal otter trawls, demersal beam trawls and towed and suction dredges.

(7) The measures proposed by the United Kingdom aim to contribute to the implementation of Directive 92/43/EEC and are compatible with the objectives set out in Article 2 of Regulation (EC) No 2371/2002, in particular with the precautionary approach to be followed in taking measures designed to protect and conserve living aquatic resources.

HAS ADOPTED THIS DECISION:

(1)

OJ L 358, 31.12.2002, p. 59.

(2)

OJ L 206, 22.7.1992, p. 7.

(3)

OJ L 11, 13.1.2012, p. 1.