HAVET & VANHUFFEL – Association d’avocats
Spain and several fishing companies filed appeals in 2022 against Commission Implementing Regulation (EU) 2022/1614 of 15 September 2022 determining the existing deep-sea fishing zones and establishing a list of areas where vulnerable marine ecosystems are known to be present or likely to be present (OJEU 19 September 2022).
This regulation establishes a list of deep-sea fishing areas that host or are likely to host vulnerable marine ecosystems and where fishing with bottom-seating gear is prohibited.
For the Court, the classification of an area hosting or likely to host vulnerable marine ecosystems is based on the proven or probable presence of protected species as well as on the characteristics of the ecosystem, meaning that the Commission was therefore not required to assess the fragility of the ecosystems with regard to each type of gear used, nor to evaluate the consequences of conservation measures on fishing activities and on economic and social life.
The Court then considers that it has not been established that the Commission manifestly exceeded its margin of appreciation by using, when determining the areas, the methodology proposed in the opinion of the International Council for the Exploration of the Sea, nor that this methodology was irrelevant.
Finally, the court considers that Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic (dated 23 December 2016), which delegates powers to the Commission to adopt the contested regulation, did not unlawfully grant the Commission powers to supplement essential elements of the protection regimes through an implementing act.
This regulation also did not violate the rules of the Common Fisheries Policy or the principle of proportionality due to the indiscriminate ban on fishing with bottom-dwelling gear in all designated areas.
To access both stops, follow the following links : https://curia.europa.eu/juris/document/document.jsf?text=&docid=301124&pageIndex=0&doclang=FR&mode=req&dir=&occ=first&part=1&cid=4534704 and https://curia.europa.eu/juris/document/document.jsf;jsessionid=57E574E4BEFE206CAE4D0F9F87237F3C?text=&docid=301123&pageIndex=0&doclang=FR&mode=req&dir=&occ=first&part=1&cid=4534357.