The European Commission wants to prohibit the use of any kind of driftnets for fishing in all EU waters as of 1 January 2015. Although rules are already in place to forbid using driftnets to catch certain migratory fishes, the practice continues to be a cause of concern due to the incidental catching of marine mammals, sea turtles and sea birds which are mostly protected under EU legislation. To fight circumvention, the Commission proposal includes a full ban of driftnets fishing in the EU as well as the prohibition of keeping driftnets on board of fishing vessels. Furthermore, to avoid ambiguity, the proposal refines the current definition of a driftnet. European Commissioner for Maritime Affairs and Fisheries, Maria Damanaki, said: “Fishing with driftnets destroys marine habitats, endangers marine wildlife and threatens sustainable fisheries. I am convinced that the only way to eradicate this once and for all is to have clear rules which leave no room for interpretation. We need to close any possible loopholes and simplify control and enforcement by national authorities. The ban sends out a clear message that we no longer tolerate any irresponsible practices.”

However, the current EU legislative framework has shown weaknesses and loopholes. Illegal driftnet activities carried out by EU fishing vessels continue to be reported and have been cause of criticism regarding the Union compliance with applicable international obligations. Currently, fishing with driftnets in marine waters and river mouths is actively carried out in Bulgaria, France (both mainland and DOM), Italy, Portugal, Romania, Slovenia and UK. Background Following specific United Nations General Assembly (UNGA) Resolutions, which called for a moratorium on the “large-scale pelagic driftnets” (i.e. longer than 2.5 km), the EU developed in the 1990s a series of provisions to implement such a ban for large-scale driftnets. The current EU legal framework on driftnets fishing entered fully into force on 1 January 2002. It bans the use of all driftnets, no matter their size, in EU waters when intended for the capture of highly migratory species such as tuna and swordfish. In the Baltic Sea, the use of driftnets and the keeping on board of any kind of driftnets has been fully banned since 1 January 2008. Despite this entire regulatory framework in place, the rules have not been fully respected.