General Court of the EU backs deep-sea fishing ban in 87 VMEs. Photo: EBFA
The General Court of the European Union today delivered a significant blow to parts of the fishing industry, upholding the European Commission’s controversial regulations that prohibit bottom fishing in 87 designated areas across the North-East Atlantic.
The ruling dismissed joint legal challenges brought by the Kingdom of Spain and several fishing organisations, including entities representing fishers from Galicia and and Asturias.
The Court’s decision validates the Commission’s approach to identifying and regulating these Vulnerable Marine Ecosystem (VME) areas. The General Court explicitly stated that the Commission was not obliged to assess the fragility of these ecosystems in light of each specific type of gear used – notably passive bottom gears like demersal longlines, which were central to the applicants’ case. Furthermore, the Court ruled that the Commission was not required to evaluate the consequences of these conservation measures on fishing activities or on economic and social life.
The General Court emphasised that the classification of VME areas is based on the proven or probable presence of protected species and the inherent characteristics of the ecosystem, protecting these areas from the “significant adverse impacts of bottom gears in general”. It also found no evidence that the Commission “clearly exceeded its discretion” by using the methodology advised by the International Council for the Exploration of the Sea (ICES). The ruling clarified that the prohibition applies to bottom fishing gears at depths below 400 metres, and noted that Spain and the applicant fishers had not demonstrated that passive gears are free of adverse impacts. Bottom gears, as defined, include a wide range from bottom trawls and dredges to bottom-set gill nets, longlines, pots, and traps.
Industry Expresses Deep Disappointment
In Brussels, the European Bottom Fishing Alliance (EBFA) immediately voiced its profound disappointment with the General Court’s ruling. EBFA Chair Iván López acknowledged the need to respect the decision but declared the Commission’s adopted approach to be “overly strict and far-reaching”.
López particularly lamented the lack of sector involvement in developing solutions for these conservation areas, arguing this exclusion has led to “unnecessary and damaging impacts on fishing fleets, particularly on longliners”. He cited a sharp decline in catch volumes for Burela’s longline fleet, which reportedly dropped by over 30% within just 50 days of the closures taking effect.
The EBFA chairman highlighted what he views as a systemic issue within the EU framework: “The EU is a remarkable construct that has brought significant progress in fisheries management. However, it is also a system that offers limited legal avenues to challenge rules which, although legitimate, are perceived as erroneous and disproportionate”.
Call for Legislative Reform
Convinced that the current path “must be corrected,” EBFA is now urging legislative action. “If the Commission finds itself constrained to adopt flawed solutions due to the literal interpretation of existing laws, then it must take steps to amend those laws in order to prevent further injustice,” López stressed. He added a powerful call to action: “The time to act has come and delay is no longer an option, the Commission and the co-legislators must get to work”.
The Alliance is specifically calling on the new Commissioner for Fisheries and Maritime Affairs to “reflect on this outcome and urgently revise the Deep-sea Access regulation”. This revision, they contend, must be done in a way that respects both essential environmental protection goals and the viability of responsible fishing communities.
Source: General Court of the European Union