Introductory text

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^f1, and in particular Article 8(3) to (6) and Article 9 thereof,

Whereas:

Article 3(2) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora^f2 requires Member States to contribute to the creation of the network of special areas of conservation called ‘Natura 2000’, hosting the natural habitat types and species listed in the Annexes to that Directive. Article 6 of the Directive requires Member States, inter alia, to establish, for special areas of conservation, the necessary conservation measures, to take appropriate steps to avoid the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated and to subject any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon to an appropriate assessment of its implications for the site in view of the site’s conservation objectives and to agree to such a plan or projects only after having ascertained that it will not adversely affect the integrity of the site concerned.

Article 4 of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds^f3 requires Member States to take special conservation measures concerning the habitat for those species of birds listed in Annex I to the Directive.

On 28 February 2008 the Netherlands designated the area called Voordelta as a special area of conservation within the meaning of Article 3(2) of Directive 92/43/EEC. By Commission Decision 2008/914/EC^f4 measures proposed by the Netherlands for the conservation of marine ecosystems in the Voordelta area were confirmed.

On 25 February 2009 the Netherlands designated the area called North Sea Coastal Zone as a special protection zone under the meaning of Article 3(2) of Directive 92/43/EEC and of Article 3(1) of Directive 2009/147/EC. The Netherlands amended the boundaries of the conservation zone and the conservation objectives on 14 March 2011.

On 14 March 2011 the Netherlands designated the area called the Vlakte van de Raan as a special protection zone under the meaning of Article 3(2) of Directive 92/43/EEC.

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

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. 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.

On 27 August 2012 the Netherlands notified further measures it intends to take in the above three coastal areas to Belgium, Denmark, Germany, the United Kingdom and France, which are the Member States concerned by the measures, as well as to the North Sea Regional Advisory Council and to the European Commission.

The measures put forward by the Netherlands establish a zoning of the North Sea Coastal Zone. They propose to establish an entry notification requirement for fishing vessels entering the three special areas of conservation, intending to carry out activities that could harm or have a significant disruptive effect on the conservation objectives of those areas.

Specific restrictions are put forward concerning the use of certain seabed contacting fishing gear. The measures proposed establish the conditions for these fisheries until 1 January 2016.

France, Denmark and the United Kingdom wrote to the Commission to confirm their acceptance of the measures proposed. In response to the French request that further means be made available, as well as e-mail, for operators to submit the required entry notification, the Netherlands confirmed they will set up the electronic reporting system and the vessel monitoring system to allow equipped vessels to use them for this purpose for the special areas of conservation concerned. For the purpose of legal certainty, the Netherlands also agreed to further clarify that the entry notification also applies to the Voordelta.

The restrictions proposed by the Netherlands are not discriminatory since they apply equally to all operators within each of the fisheries concerned operating within the special areas of conservation. They aim to minimise the effect of fishing on the conservation of marine ecosystems and species and are to be applied within 12 nautical miles of the baselines. The Union has not adopted conservation or fisheries management measures specifically addressed to these areas.

The measures proposed by the Netherlands 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.

The proposed measures are deemed appropriate in so far as they meet the objectives set out in Article 6 of Directive 92/43/EEC and Article 4 of Directive 2009/147/EC,

HAS ADOPTED THIS DECISION: