Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-12-16-Speech-4-045"
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"en.20041216.6.4-045"2
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".
Mr President, I welcome the generally positive comments on the proposal, and will respond very briefly to some of the criticisms made.
On the possible damage by fishing other than trawls: according to the ICES 2003 report, trawls are the main cause of damage to deep-water coral reefs. There is little evidence of passive gear damaging coral reefs, although ICES mentions some of these effects. The Commission is ready to amend its proposal if there is new scientific evidence or if the Member States agree on such an amendment.
With regard to the point concerning the extension of the protective zone to the whole EEZ, I would underline that the proposal delimited an area that includes most of the submarine mountains that have been kept in good condition. Extending the zone of prohibition would add insignificant protection and would therefore run counter to the principle of proportionality.
Having said that, I would also refer to the question of the exclusive competence of the Commission with regard to marine resources, which is found in the Constitution and to which reference has been made. This is a principle which was already established by European Court of Justice case law, and all the Constitution does is to codify it. However, the Commission does not deny the rights of Spain and Portugal over their European Economic Zone. It is just that there is no need to mention these rights of jurisdiction since the area of prohibition is delimited by topography and by geographical features.
On the point made by Mrs Attwooll concerning the role of the regional advisory councils, there would be a legal problem and in order to accept that amendment the regulation on RACs would itself have to be amended.
On another point made by Mrs Attwooll, the Commission has recently tabled a proposal on conditions for deep-water fishing, which will lend protection to these important resources."@en1
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