EU court backs fishing restrictions in marine protected areas despite industry challenge

The General Court of the European Union has upheld restrictions on all damaging fishing practices such as bottom trawling across marine protected areas (MPAs) throughout the EU. The decision reinforces conservation efforts despite opposition from some segments of the fishing industry.

VDK, a German fishing group, challenged the EU’s 2022 decision to limit bottom trawling, a practice in which boats drag large, weighted nets across the seafloor to catch fish.

The General Court has now upheld the Commission’s restrictions, deeming them valid and dismissing VDK’s challenge.

John Condon, senior lawyer for Protected Wildlife & Habitats at ClientEarth, tells Food Ingredients First that this case will set a precedent across the EU, with implications for biodiversity law and future marine conservation cases.

“The ruling helps to clarify how conservation measures can be developed in MPAs to address destructive fishing practices. It’s especially relevant for MPAs in a member state’s Exclusive Economic Zone, where the procedure established under Art 11 of the CFP Regulation generally needs to be followed (as in this case).”

According to Blue Marine Foundation, the 2022 rules originally came into effect after Germany and the Netherlands approached the European Commission to amend a 2017 regulation to require stricter new measures on fishing in the North Sea.

Gaps in EU compliance

Bottom trawling is known to harm the marine ecosystem, including reduced seafood stocks and an increased carbon footprint. Greece, Sweden, and Scotland have banned or proposed strict limits on the practice in several MPAs, but environmentalists warn that exploitation continues.

Civil society organizations, including ClientEarth, took France to court last year over allowing trawling in MPAs across the Mediterranean Sea, suing the state to “bring it into compliance” with EU conservation laws. A similar lawsuit hit the Netherlands over bottom trawling in the Dogger Bank MPA in Dutch waters earlier this year.

Condon says the recent ruling should increase compliance and implementation of conservation measures across EU states.

“The ruling gives member states a clear mandate to implement strong conservation measures regarding fishing activities in MPAs where the science indicates that protected seabed habitats are at risk.”

“On the back of this judgment, they can be confident that those measures have a strong basis in law and, indeed, are legally required. This judgment should, therefore, spur increased compliance and implementation across the member states in relation to stopping destructive fishing practices in MPAs.”

Safeguarding coastal communities

According to research, bottom trawling fishing accounts for approximately one-quarter (26%) of all fish and seafood caught annually. 

Scientists have also indicated that as a food production method, trawling does not impact the environment as much as other animal-derived foods or fed aquaculture against parameters like water or antibiotic use.

However, they maintain that many bottom-trawl fisheries need to meet updated standards and improve fishing gear to be considered fully sustainable.

A 2024 study notes that sustainable-use MPAs account for an average of 13.6% of global catch, 14% of fisheries revenue, and 13.7% of nutrient supply. Some research also argues that by expanding the world's MPAs by just 5%, industries could boost future fish catches by at least 20%.

Beyond business, coastal communities close to MPAs can gain socioeconomic benefits and ecological boosts from sustainable management.

“We know that effective MPAs support coastal communities by helping to rebuild fish stocks, known as the ‘spillover effect.’ Meanwhile, failing to protect MPAs properly — giving sealife no sanctuary at all — dents populations, which inevitably has an impact on those who rely on seafood for a living,” Condon tells us.

With the upcoming European Oceans Pact conference, the Commission is set to present evidence from stakeholders, experts, and citizens to promote sustainable ocean management and the prosperity of the EU’s coastal communities. Experts say this will be a decisive event for the future of blue economies.

“It is a key opportunity for the Commission to set out a clear vision and strategy to enforce ocean conservation laws and tackle the root cause of so much marine biodiversity loss in Europe,” Condon concludes.