NGOs take France to court over trawling in Mediterranean 'protected' marine areas

30 September 2024

  • France currently allows highly destructive fishing methods such as bottom trawling in so-called ‘protected’ marine areas in the Mediterranean, despite a Europe-wide ban
  • BLOOM and ClientEarth [1] are filing a lawsuit in the Administrative Court of Paris to ensure that France finally complies with laws to protect the Mediterranean
  • A win would set a much-needed precedent for vulnerable protected areas all over the EU

Environmental NGOs BLOOM and ClientEarth are filing legal action against the French government to bring it into compliance with EU conservation laws.

EU law specifically bans trawling in all Mediterranean Marine Protected Areas (MPAs) hosting certain vulnerable habitats such as seagrass meadows and coral reefs. [2]

These habitats are protected because of the vital ecosystem and climate roles they play. Seagrass, for example, is one of the biggest carbon sinks on the planet, while coral reefs and algae beds house many species that are the basis of marine food chains. 

But France refuses to implement the law and continues to authorise the most destructive fishing practices through various decrees and derogations within its so-called ‘protected’ marine areas. 

According to Nils Courcy, a legal expert at ClientEarth: “These areas are meant to be protected as they’re essential for biodiversity and climate protection. That’s why this protection is enshrined in law. But in spite of these commitments, and global commitments to protect nature, we’re seeing countries like France constantly bend the rules. Without effective enforcement of EU law, Marine Protected Areas are just words on a page, and change nothing in the water.”

Earlier this year, the NGOs filed an administrative request to demand that France repeal three decrees authorising trawling in certain French MPAs where it should be banned. 

They have received no response, so they are now taking the issue to the Administrative Court of Paris. 

The problem is systemic across EU MPAs. According to new research, over 80% of MPAs are ineffective as they currently provide only “marginal” protection against industrial activities such as bottom trawling. 

Given that France is not the only nation allowing trawling in protected areas where it should be banned, a lawsuit could have far-reaching consequences for MPAs across the EU. As the leader in European maritime domain, a change in the French protection policy could have an impact in other Member States.

Courcy added: “Several EU countries, including France, are blatantly trampling these rules. We’re taking the issue to court to make sure that protected truly means protected.”

Marine ecosystems in the Mediterranean are in a catastrophic state. Almost 60% of fish stocks are overexploited and record-breaking marine heatwaves are putting even more pressure on these fragile ecosystems. Yet, France and other Mediterranean countries are failing to protect them: only 0.23% of the Mediterranean is fully or highly protected.

France is set to host the United Nations Ocean Conference in Nice in 2025. 

Swann Bommier, BLOOM’s head of advocacy, said: “If France wants to be worthy of hosting this historic meeting in 2025, it must take a decisive step to ban trawling now, not only in the ‘protected’ marine areas of the Mediterranean, but also in all other MPAs. France can no longer continue to claim to be a ‘great ocean nation’ while at the same time wrecking our ocean’s future.”

On the other hand, Greece is setting an example in terms of its intention to safeguard MPAs from destructive fishing: based on scientific recommendations and the European legal framework, the Greek government recently announced a ban on bottom trawling in all its marine protected areas by 2030

ENDS

Notes to editors:

[1] ClientEarth and BLOOM are members of the Med Sea Alliance, a campaign movement created in 2020 to bring together non-government organizations and other civil society groups working to improve the health and productivity of the Mediterranean Sea.

[2] Marine Protected Areas have different levels of protection. In this case, the NGOs are referring to the 2006 Mediterranean Regulation, which bans bottom trawling, pelagic trawling, purse seining and dredging in all MPAs hosting certain vulnerable habitats. Those vulnerable habitats include seagrass meadows such as Posidonia meadows, coral reefs and maerl beds, mats of red algae that are true hotspots of biodiversity and serve as breeding grounds and nurseries for many marine species.