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20.10.2012 Official
Journal
of
the
European
Union
L
291/1
II
(Non-legislative acts)
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 24 September 2012
confirming measures proposed by the Netherlands for the protection of marine areas of
conservation in the North Sea Coastal Zone, the Vlakte van de Raan and the Voordelta
(notified under document C(2012) 6510)
(Only the Danish, Dutch, English, French and German texts are authentic)
(2012/638/EU)
THE EUROPEAN COMMISSION,
(2)
Article 4 of Directive 2009/147/EC of the European
Parliament and of the Council of 30 November 2009
on the conservation of wild birds ( 3 ) requires Member
States to take special conservation measures concerning
Having regard to the Treaty on the Functioning of the European
the habitat for those species of birds listed in Annex I to
Union,
the Directive.
Having regard to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi
(3) On
28
February
2008
the
Netherlands
designated
the
tation of fisheries resources under the common fisheries
area called Voordelta as a special area of conservation
policy (
within the meaning of Article 3(2) of Directive

1 ), and in particular Article 8(3) to (6) and Article 9
thereof,
92/43/EEC. By Commission Decision 2008/914/EC ( 4 )
measures proposed by the Netherlands for the conser
vation of marine ecosystems in the Voordelta area were
confirmed.
Whereas:
(4) On
25
February
2009
the
Netherlands
designated
the
(1)
Article 3(2) of Council Directive 92/43/EEC of 21 May
area called North Sea Coastal Zone as a special
1992 on the conservation of natural habitats and of wild
protection zone under the meaning of Article 3(2) of
fauna and flora ( 2 ) requires Member States to contribute
Directive 92/43/EEC and of Article 3(1) of Directive
to the creation of the network of special areas of conser
2009/147/EC. The Netherlands amended the boundaries
vation called ‘Natura 2000’, hosting the natural habitat
of the conservation zone and the conservation objectives
types and species listed in the Annexes to that Directive.
on 14 March 2011.
Article 6 of the Directive requires Member States, inter

alia, to establish, for special areas of conservation, the
necessary conservation measures, to take appropriate
steps to avoid the deterioration of natural habitats and
the habitats of species as well as disturbance of the
(5)
On 14 March 2011 the Netherlands designated the area
species for which the areas have been designated and
called the Vlakte van de Raan as a special protection
to subject any plan or project not directly connected
zone under the meaning of Article 3(2) of Directive
with or necessary to the management of the site but
92/43/EEC.
likely to have a significant effect thereon to an appro
priate assessment of its implications for the site in view
of the site’s conservation objectives and to agree to such
a plan or projects only after having ascertained that it
(6) Measures
concerning
the
conservation,
management
and
will not adversely affect the integrity of the site
exploitation of living aquatic resources are subject to the
concerned.
rules of the common fisheries policy.
( 1 ) OJ L 358, 31.12.2002, p. 59.
( 3 ) OJ L 20, 26.1.2010, p. 7.
( 2 ) OJ L 206, 22.7.1992, p. 7.
( 4 ) OJ L 332, 10.12.2008, p. 1.

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Official Journal of the European Union
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(7) Article
9
of
Regulation
(EC)
No
2371/2002
enables
the special areas of conservation. They aim to minimise
Member States to take non-discriminatory measures to
the effect of fishing on the conservation of marine
minimise the effect of fishing on the conservation of
ecosystems and species and are to be applied within
marine ecosystems within 12 nautical miles, provided
12 nautical miles of the baselines. The Union has not
that the Union has not adopted measures addressing
adopted conservation or fisheries management measures
conservation or management specifically for that area.
specifically addressed to these areas.
The Member States’ measures must be compatible with
the objectives of the common fisheries policy as set out
in Article 2 of Regulation (EC) No 2371/2002 and no
(13) The measures proposed by the Netherlands are
less stringent than existing Union legislation. If the
compatible with the objectives set out in Article 2 of
measures apply to fishing vessels from other Member
Regulation (EC) No 2371/2002, in particular with the
States, they must be notified to the Commission, to the
precautionary approach to be followed in taking
Member States and to the regional advisory councils
measures designed to protect and conserve living
concerned and be subsequently confirmed by the
aquatic resources.
Commission.
(14) The
proposed
measures
are
deemed
appropriate
in
so
far
(8) On
27
August
2012
the
Netherlands
notified
further
as they meet the objectives set out in Article 6 of
measures it intends to take in the above three coastal
Directive 92/43/EEC and Article 4 of Directive
areas to Belgium, Denmark, Germany, the United
2009/147/EC,
Kingdom and France, which are the Member States
concerned by the measures, as well as to the North Sea
Regional Advisory Council and to the European
HAS ADOPTED THIS DECISION:
Commission.
Article 1
(9) The
measures
put
forward
by
the
Netherlands
establish
a
zoning of the North Sea Coastal Zone. They propose to
The measures proposed by the Netherlands for the conservation
establish an entry notification requirement for fishing
of marine ecosystems in the North Sea Coastal Zone, the Vlakte
vessels entering the three special areas of conservation,
van de Raan and the Voordelta, as set out in Annexes I, II and
intending to carry out activities that could harm or have
III, are hereby confirmed subject to the following adjustments to
a significant disruptive effect on the conservation
Annex I:
objectives of those areas.
(a) inclusion as appropriate in the body of the decree that the
(10) Specific
restrictions
are
put
forward
concerning
the
use
entry notification applies also to the Voordelta;
of certain seabed contacting fishing gear. The measures
proposed establish the conditions for these fisheries until
1 January 2016.
(b) inclusion of the option for equipped vessels to make use of
the electronic reporting system and the vessel monitoring
system for entry notification purposes for the special areas
(11) France,
Denmark
and
the
United
Kingdom
wrote
to
the
of conservation concerned.
Commission to confirm their acceptance of the measures
proposed. In response to the French request that further
means be made available, as well as e-mail, for operators
Article 2
to submit the required entry notification, the Netherlands
This Decision is addressed to the Kingdom of Belgium, the
confirmed they will set up the electronic reporting
Kingdom of Denmark, the French Republic, the Federal
system and the vessel monitoring system to allow
Republic of Germany, the Kingdom of the Netherlands, and
equipped vessels to use them for this purpose for the
the United Kingdom of Great Britain and Northern Ireland.
special areas of conservation concerned. For the
purpose of legal certainty, the Netherlands also agreed
to further clarify that the entry notification also applies
Done at Brussels, 24 September 2012.
to the Voordelta.
For the Commission
(12) The
restrictions
proposed
by
the
Netherlands
are
not
discriminatory since they apply equally to all operators
Maria DAMANAKI
within each of the fisheries concerned operating within
Member of the Commission

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ANNEX I
Decree of the Minister for Economic Affairs, Agriculture and Innovation of dd.mm.2012, Ref. … to restrict
access under Article 20 of the 1998 Nature Conservation Act (Natuurbeschermingswet), to areas within the
Natura 2000 sites of the North Sea Coastal Zone and the Vlakte van de Raan
THE MINISTER FOR ECONOMIC AFFAIRS, AGRICULTURE AND INNOVATION,
Acting in agreement with the Minister for Infrastructure and the Environment and the Minister for Defence;
Having regard to Article 20(1) and (2) of the 1998 Nature Conservation Act (Natuurbeschermingswet 1998) access to the
following specifically named areas is restricted, as this is a necessary measure to protect the environmental value of the
relevant areas.
Introduction
Article 20(1) of the 1998 Nature Conservation Act provides that Provincial Executives may restrict access to all or parts
of a Natura 2000 site where necessary for the protection of the environmental value.
Article 20(2) of the 1998 Nature Conservation Act provides that if the site as referred to in paragraph (1) is managed in
whole or in part by or on behalf of Our Minister or another of Our Ministers, the authority referred to in paragraph (1)
shall be exercised by the Minister for Economic Affairs, Agriculture and Innovation, in agreement with Our other
Minister. In this case ‘Our other Minister’ refers to the Minister for Infrastructure and the Environment and the
Minister for Defence.
The following decree was adopted in agreement with these two Ministers.
Under Article 20(3) of the 1998 Nature Conservation Act human presence is not allowed in a Natura 2000 site, or parts
of it, where this conflicts with the restrictions imposed in paragraphs (1) and (2).
Article 20(4) of the 1998 Nature Conservation Act provides that the prohibition contained in paragraph (3) does not
apply to owners of Natura 2000 sites.
It is necessary to restrict access to a number of sub-areas within the Natura 2000 sites of the North Sea Coastal Zone and
the Vlakte van de Raan. Access is restricted to achieve the Natura 2000 goals arising from Directives (EEC) No 79/409
and No 92/43, and to implement the agreement on fisheries measures in protected areas of the North Sea (akkoord
Visserijmaatregelen Beschermde Gebieden Noordzee; hereinafter: VIBEG). The explanatory notes to this decree provide
further details.
This decree was notified to the European Commission because it will also apply to foreign fishing vessels. Such a
notification is necessary from a legal perspective to enable these rules to be applied to foreign fishing vessels under
the European Common Fisheries Policy. The instrument of the licence was also notified in this way so that it can be
applied in the future with regard to other fisheries than beam trawling.
DECREES AS FOLLOWS:
Article 1
For the purposes of this decree the following definitions shall apply:
Management plan:
A management plan as referred to in article 19b of the 1998 Nature Conservation Act.
Best available techniques and fisheries practice:
Tried and tested fishing methods and fisheries management systems which are accepted by the competent authority at the
time as the best techniques, taking into account matters such as ecology, the environment (fuel consumption), safety
and/or animal welfare.
Competent authority:
The Ministry of Economic Affairs, Agriculture and Innovation or its legal successor.

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Seabed fisheries:
All forms of fisheries that disturb the seabed including in any case trawl fishing with tickler chains, shrimp fisheries and
shellfish fisheries.
Handline fishing:
Recreational or commercial fishing using rods, reels, fishing line and bait.
Mussel seed capture installation (MZI):
Fishing gear, floating or otherwise, which is designed for periodic harvesting of mussel seed, and is anchored or attached
to the seabed, consisting of netting or other material to accommodate a substrate to which mussel larvae can attach
themselves.
Research areas:
Areas in which government-approved research is or will be carried out into the impact of fishing on the seabed and its
flora and fauna, and into alternative fishing methods. As a general rule, this research will be carried out by Dutch vessels.
Trawl fishing:
Fishing using a trawl net, however it may be equipped, (for example with tickler chains, bobbins or pulse trawl).
Vessels:
All vessels, including non-displacement vessels and sea planes, used as, or suitable for use as, a means of transport for
persons and/or goods, on water.
Variable corridor:
Navigable sea lane of variable width and location.
Fixed fishing gear:
Fyke nets, eel boxes, gill-nets, hooked nets, swing nets, seine nets or any other fixed gear not intended for catching
shellfish.
Licence:
A licence required for carrying out a specific activity under domestic legislation. A national or foreign natural or legal
person wanting to conduct such an activity can be identified as a licensee by the competent authorities either directly or
through a trade organisation if the competent authorities, under certain conditions, qualify that activity as admissible
under the applicable legislation.
VIBEG agreement:
The VIBEG agreement presented to Parliament in a letter of 15 December 2011 (Lower House, 2011-2012, 29675,
No 140).
Fishing or fisheries:
Putting fishing gear into water, having fishing gear in the water, lifting or hauling in fishing gear, or attempting by any
other means to take out of the water:
— fish or parts thereof, fish roes or spawn;
— shellfish or parts thereof, shellfish larvae or spat;
— starfishes or coralline,

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Fishing vessels:
Vessels of all nationalities that can be used directly or indirectly for fishing.
Fishing gear:
All equipment suitable for fishing.
Zones:
The distinct areas, zones I, II and III within the Natura 2000 site of the North Sea Coastal Zone, as indicated with
coordinates in the annex to this decree.
Article 2
Access to the zone I areas within the Natura 2000 site of the North Sea Coastal Zone shall be restricted in the sense that
it shall be prohibited throughout year to conduct any activities of any kind in or above these areas, with the exception of
the activities listed below:
a) with regard to fisheries:
— trawl fishing necessary for research in research areas;
b) with regard to the extraction of shells:
— shells may be extracted until 1 January 2014, but only between 1 April and 1 November and only in accordance
with the concession areas applicable until that date;
c) with regard to the laying and maintenance of cables and pipelines:
— laying of cables and pipelines and their maintenance, if authorised in accordance with the Nature Conservation
Act;
— from 1 November to 1 April the maintenance of cables and (pipe)lines shall only be permitted in emergencies or
in other cases of urgent need, to be decided in advance by the competent authority, and in accordance with any
specific provisions;
d) with regard to vessels:
— without prejudice to point (a), until the establishment of the management plan, the North Sea Coastal Zone shall
be accessible for all vessels throughout the year, but not for fishing, provided that the fishing gear is stowed in
such a way or is in such condition that it cannot be readily used;
— zone I areas, except the zone I area near Petten, shall only be accessible between 1 April and 1 November for all
vessels, but not for fishing provided that the fishing gear is stowed away or is in such condition that it cannot be
readily used. The ban on transit between 1 November and 1 April shall come into effect on the date the
management plan is adopted;
— only in the zone I area off Petten shall all vessels have the right to transit close to the coast throughout the year,
but not for fishing, provided that the fishing gear is stowed in such a way or is in such condition that it cannot be
readily used;
— as from the adoption of the management plan access shall be allowed from 1 November to 1 April for sand
replenishment vessels via a variable corridor, the exact location of which shall depend on the location of the sand
extraction site, the replenishment site to be reached and the presence of concentrations of scoters. The position of
the variable corridor shall be determined in consultation with the competent authority, on the principle that the
sailing distance between the sand extraction site and the replenishment site should be as short as possible, provided
that a distance of 1 500 metres is observed with regard to concentrations of scoters;
— shipping (transit) in the part that overlaps buoyed sea lanes (or sea lanes still to be buoyed) and with regard to the
zone I area above Rottum, insofar as that part overlaps the Eems-Dollard treaty area.

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e) with regard to air traffic:
— Civil air traffic above 300 metres in accordance with the ‘Gedragscode verantwoord vliegen’ (Code of Conduct on
Responsible Flying), and above 450 metres as soon as this is a legal requirement.
Article 3
Access to zone II areas within the Natura 2000 site of the North Sea Coastal Zone shall be restricted in the sense that
seabed fishing and other activities that disturb the sea bed shall be prohibited throughout the year, with the exception of
the activities listed below:
a) with regard to fisheries:
— in the zone II area off Petten: pulse trawling until 1 January 2016;
— shrimp fisheries: until 1 January 2014 on the basis of the licence applicable under the Nature Conservation Act at
the time of adoption of this decree;
— shrimp fisheries: as from 1 January 2015, if permitted by licence under the Nature Conservation Act;
— pelagic fisheries using fishing gear that cannot also be used for seabed fishing;
— handline fishing;
— fishing with fixed gear;
— mussel seed capture installations.
b) with regard to the extraction of shells:
— shells may be extracted until 1 January 2014 on the basis of the licence applicable under the Nature Conservation
Act at the time of adoption of this decree, but only in accordance with the concession areas applicable until that
date;
— extraction of shells in the zone II areas of Stortemelk and Razende Bol after 1 January 2014, provided it is licensed
under the Nature Conservation Act.
c) with regard to the laying and maintenance of cables and pipelines:
— laying of cables and pipelines and the maintenance thereof, if licensed in accordance with the Nature Conservation
Act;
— from 1 November to 1 April the maintenance of cables and (pipe)lines shall only be permitted in emergencies or
in other cases of urgent need, to be decided in advance by the competent authority, and in accordance with any
specific provisions.
d) with regard to vessels:
— transit and anchoring of vessels.
Article 4
Access to zone III areas within the Natura 2000 site of the North Sea Coastal Zone shall be restricted in the sense that
seabed fishing and other activities that disturb the seabed shall be prohibited throughout the year, with the exception of
the activities listed below:
a) with regard to fisheries:
— fishing in accordance with the best available techniques and fisheries practice;

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— shrimp fisheries until 1 January 2014 on the basis of the licence applicable under the Nature Conservation Act at
the time of adoption of this decree; and thereafter subject to licence under the Nature Conservation Act;
— trawl fishing with tickler chains until 1 January 2014 in the zone III areas near Petten and Eierlandsegat;
— shellfish fisheries, except spisula fisheries in the zone III area above Ameland, provided it is regulated by a licence
under the Nature Conservation Act or regulated by the management plan;
— pelagic fisheries using fishing gear that cannot also be used for seabed fishing;
— handline fishing;
— fishing with fixed gear;
— mussel seed capture installations.
b) with regard to the extraction of shells:
— shells may be extracted until 1 January 2014 on the basis of the licence applicable under the Nature Conservation
Act at the time of adoption of this decree, but only in accordance with the concession areas applicable until that
date;
— extraction of shells in the zone III area north of Schiermonnikoog after 1 January 2014 if licensed under the
Nature Conservation Act.
c) with regard to the laying and maintenance of cables and pipelines:
— laying of cables and pipelines and the maintenance thereof, if licensed in accordance with the Nature Conservation
Act;
— from 1 November to 1 April the maintenance of cables and (pipe)lines is only permitted in emergencies or in
other cases of urgent need, to be decided in advance by the competent authority, and in accordance with any
specific provisions.
d) with regard to vessels:
— transit and anchoring of vessels.
Article 5
Year-round access to parts of the Natura 2000 site of the North Sea Coastal Zone outside the zone I, II and III areas, as
referred to in articles 2, 3 and 4, shall be permitted for all fisheries, provided a licence has been granted under the Nature
Conservation Act or the relevant type of fisheries is included in a management plan on the understanding that trawl
fishing with tickler chains shall only be permitted until 1 January 2016 at the latest.
Article 6
Access to the Natura 2000 site of the Vlakte van de Raan shall be permitted without restrictions, except in the case of the
activities listed below, for which access is permitted as from 1 January 2013 under certain restrictions, as follows:
— trawl fisheries within research areas only where necessary for carrying out research;
— trawl fisheries with tickler chains only with a licence under the Nature Conservation Act until 1 January 2016 at the
latest;

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— shellfish fisheries, fixed gear fisheries and mussel seed capture installations, where regulated by a licence under the
Nature Conservation Act or regulated by the management plan;
— other forms of commercial fisheries on the basis of a licence under the Nature Conservation Act or regulated by the
relevant management plan.
Article 7
Should research in the research areas be completed before 1 January 2016, instead of the restrictions on research areas,
the access restrictions for the relevant zone I, II or III shall again apply from the earlier date.
Article 8
Commercial fishing vessels with a length of 12 metres or more present in the Natura 2000 sites of the North Sea Coastal
Zone and the Vlakte van de Raan shall, where applicable, be in possession of an activated operational tracking device
which shall at least fulfil European requirements.
Article 9
Under article 20(4) of the 1998 Nature Conservation Act the year-round access restrictions under this decree shall not
apply to access to perform government duties, whether or not assisted by government vessels or commissioned by the
government, where necessary for management and maintenance, marking, monitoring, rescue, inspection, supervision,
investigation or defence.
Article 10
This decree shall enter into force on the day following its publication in the Government Gazette and shall remain in
force until 1 January 2016.
Article 11
In cases where a licence is required and the activities concerned have already been assessed in the licensing procedure for
Dutch licence holders, this licence requirement can be met by foreign fishermen through a notification procedure.
Objections
Under the General Administrative Law Act (Algemene wet bestuursrecht) interested parties may submit a written
objection to this decree. Such objections shall be lodged within six weeks of the publication of this decree in the
Government Gazette with:
The Minister for Economic Affairs, Agriculture and Innovation
Dienst Regelingen (Regulation Division)
Afdeling Recht & Rechtsbescherming (Law and legal protection department)
Postbus 20401
2500 EK ‘s Gravenhage
The objection shall be signed and include at least the following:
a. the name and address of the objector;
b. the date;
c. a description of the decree to which the objection is made, and
d. the grounds for objection.
Publication and public inspection
This decree shall be published in the Government Gazette and on the website of the Ministry of Economic Affairs,
Agriculture and Innovation (EL&I). Copies of this decree, including annexes, can also be requested by telephone from the
Regional and Spatial Economic Policy Department of the Ministry of Economic Affairs, Agriculture and Innovation (EL&I)
(Attn. Ms A. de Noord, A.deNoord@mineleni.nl)

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Signature(s)
Under mandating decree ‘Besluit mandaat, volmacht en machtiging voor het directoraat-generaal voor Natuur en Regio
van het Ministerie van Economische Zaken, Landbouw en Innovatie 2012’ the director of the Regional and Spatial
Economic Policy Department is empowered to sign documents concerning decisions on behalf of the Minister for
Economic Affairs, Agriculture and Innovation, as referred to in Article 20(2) of the 1998 Nature Conservation Act.
This decree is created on the above basis.
The Minister for Economic Affairs, Agriculture and Innovation
Explanatory notes
Natura 2000 sites
The protection of nature reserves and the species that inhabit them is legally regulated by the 1998 Nature Conservation
Act. The North Sea Coastal Zone and Vlakte van de Raan areas present special environmental values and are therefore
designated as Natura 2000 sites under section 10a of the 1998 Nature Conservation Act. The designation decree contains
conservation goals for the habitats and species to be protected under the European Birds and Habitats Directives.
Designation of the North Sea Coastal Zone Natura 2000 site
By decree of 25 February 2009, ref. DRZO/2008-007 (Government Gazette 2009, 38), the then Minister for Agriculture,
Nature and Food Quality (LNV), designated the ‘North Sea Coastal Zone’ as a special protection zone under both the Birds
and Habitats Directives.
By decree of 14 March 2011 (Government Gazette 2011, 4458), the Minister for Agriculture and Foreign Trade amended
the previous decree of 25 February 2009. The decree of 14 March 2011 amended the previous designations of the North
Sea Coastal Zone area as special protection zones under the Birds and Habitats Directives. This decree amends the
boundaries of the area and adjusts the conservation goals.
The following conservation goals are particularly significant for this decree:
H1110_B Sandbanks permanently flooded by shallow seawater
Objective: Maintain area and improve quality of habitat type H1110, North Sea Coastal Zone (sub-type B).
The North Sea Coastal Zone is the most significant area in the Netherlands for habitat type H1110_B: over half of the
designated area of this subtype lies within the North Sea Coastal Zone site.
The relative importance for Europe of this habitat type is rated as very high.
The subtype of permanently flooded sandbanks, (subtype B) occurs in the outer deltas near the inlet. The national
conservation status of this subtype is moderately unfavourable.
A001 Red-throated diver
Objective: Maintain area and quality of habitat to maintain the population.
Populations of red-throated divers are of international and great national importance. The site serves as a foraging area for
this species.The distribution of the red-throated divers in the Netherlands is largely confined to the coastal areas of the
North Sea. In the designated North Sea Coastal Zone the birds are often seen in high densities in the outer deltas between
the Wadden islands, where fishing takes place at the interface between the various bodies of water. This species is poorly
represented in the regular counts, but recently numbers have been increasing across the country. As it is sufficient to
maintain the current situation, no restoration goal has been set at national level.
A002 black-throated diver
Objective: Maintain area and quality of habitat to maintain the population.

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Black-throated divers are of great national importance. The site serves as a foraging area for this species. The distribution
of the black-throated diver in the Netherlands is concentrated in the coastal areas of the North Sea. Absolute numbers and
the trend (and hence also the conservation status) are unknown, due to a combination of low numbers and confusion
with the much more common red-throated diver. As it is sufficient to maintain the current situation, no restoration goal
has been set at national level.
A062 Greater Scaup (Aythya marila)
Objective: Maintain area and quality of habitat to maintain the population.
The site serves as a foraging area for this species. In the mid-nineteen-nineties relatively large numbers were counted in
the North Sea Coastal Zone, more or less reflecting the decline in the IJsselmeer and Wadden Sea. Comparisons with the
situation of the eider suggests that the North Sea Coastal Zone serves as a sanctuary when food is scarce in the two
aforementioned areas, but data from the North Sea Coastal Zone are in short supply. It is sufficient to maintain the
current situation; the likely cause of the extremely poor national conservation status is not to be found in this area.
A063 Eider
Objective: Maintain area and quality of habitat with a carrying capacity for an average population of 26,200 birds (mid-
winter numbers).
Eiders are of international and great national importance. The site serves as a foraging area for this species. Particularly
when years of food scarcity in the Wadden Region coincide with good years for alternative shellfish, such as Spisula, in
the North Sea Coastal Zone, relatively large numbers of eiders forage in the North Sea Coastal Zone. The recent decline in
eider numbers in the North Sea Coastal Zone may be a sign of recovery in the food situation in the Wadden Region, but
the population trend does not yet show any such recovery. Because the presence of eiders in the North Sea Coastal Zone
is probably linked to poor conditions in the Wadden Sea, the restoration goal is set for that area, while it is sufficient to
maintain the sanctuary capacity in the North Sea Coastal Zone. It is sufficient to maintain the current situation; the likely
cause of the extremely poor national conservation status is not to be found in this area.
A065 Scoter-duck
Objective: Maintain area and quality of habitat with a carrying capacity for an average population of 51,900 birds (mid-
winter numbers).
Scoter ducks are of international and great national importance. The site serves as a foraging area for this species. The
area delivers by far the greatest contribution to scoter numbers in the Netherlands. The species is a winter visitor. There
are large fluctuations without a clear trend, partly because the only available counts are from January. Numbers may
actually fluctuate year on year because of the changing availability of shellfish (including Spisula). The species’ national
conservation status is moderately unfavourable.
Designation of the Vlakte van de Raan Natura 2000 site
The Minister for Economic Affairs, Agriculture and Innovation designated the Vlakte van de Raan area as a special
protection zone within the meaning of the Habitat Directive by decree of 14 March 2011 (Government Gazette 2011,
4458).
The following conservation goals are particularly significant for this decree:
H1110_B Sandbanks permanently flooded by shallow seawater
Objective: Maintain surface area and maintain quality of habitat type H1110,
Vlakte van de Raan (subtype B).
The relative importance for Europe of this habitat type is rated as very high.
The subtype of permanently flooded sandbanks, (subtype B) occurs in the outer deltas near the inlet. The national
conservation status of this subtype is moderately unfavourable.
For further information on the conservation goals please refer to the published decrees designating the Natura 2000 sites
of the North Sea Coastal Zone and Vlakte van de Raan. (www.synbiosys.alterra.nl/natura2000/gebiedendatabase)

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Agreement on fisheries measures in protected areas of the North Sea (VIBEG)
The voluntary agreement on sustainable fishing in the North Sea (‘Maatschappelijk Convenant Noordzeevisserij: Duurzaam
Vissen’) was signed on 5 June 2008 by parties representing the fishing industry, nature organisations and central
government. The aim was to achieve sustainable and socially acceptable North Sea fisheries. One of the subjects
included in the agreement concerns ‘a common approach to protected marine areas in the North Sea’. A joint process
was to be organised to adopt goals and measures for protected areas in the North Sea, on the understanding that, if the
parties failed to reach consensus, government would ultimately decide on these goals and measures.
In 2009 the Minister set up the VIBEG coordinating committee to promote mutual exchange of information and support
in the development of national and international policy. Its membership is drawn from the Worldwide Fund for Nature,
the North Sea Foundation (Stichting de Noordzee), the Fish Marketing Board, the Federation of Fishermen’s Associations,
IMARES Wageningen and various departments of the Ministries of Economic Affairs, Agriculture and Innovation (EL&I)
and Infrastructure and the Environment (I&M). In order to help the coastal zone process the committee worked on an
agreement on fisheries measures in protected areas of the North Sea (known as the VIBEG agreement).
As part of the VIBEG agreement zones were established within the Natura 2000 site of the North Sea Coastal Zone to
which access would be restricted, whether or not for a specified period or for a specified fishing method, under Article 20
of the Nature Conservation Act.
The VIBEG agreement, along with a future vision for shrimp fisheries (Perspectief garnalenvisserij), was signed and
presented to Parliament in a letter of 15 December 2011 (Lower House, 2011-2012, 29675, No 140). The present
decree serves, inter alia, to implement the agreements on the full or partial closure of parts of the Natura 2000 sites of
the North Sea Coastal Zone and the Vlakte van de Raan under Article 20 of the 1998 Nature Conservation Act. The
VIBEG agreement relates to fishing only. The present decree has a broader scope: it also regulates access restrictions for
activities other than fishing.
Disturbance of the seabed
Fishing adds extra dynamics to what are naturally low-dynamic parts of habitat type H1110_B. It is assumed that these
extra dynamics are responsible for shifts in biodiversity to the detriment of relatively long-lived species, which take longer
to recover from setbacks than relatively short-lived species. The measures taken are necessary partly to restrict these
additional dynamics caused by seabed fisheries. The measures also serve to mitigate the effects that the various types of
trawl net fishing may have in these areas. The present decree thus forms part of the conditions of the relevant licences
under the Nature Conservation Act in respect of these various types of trawl fishing.
Disturbance of birds
Highly sensitive birds, such as scoters and black and red-throated divers, that are present in the North Sea Coastal Zone in
large numbers, particularly in winter, may be disturbed by certain activities. The access restriction for zone I areas from 1
November to 1 April is aimed at all activities in that period that may have a negative impact on the populations of these
bird species.
Research and monitoring
In order to record the anticipated progress in maintenance and development of the relevant conservation goals, research
and monitoring will be performed in the research areas. These activities are exempt from the ban on disturbance of the
seabed, where and insofar as they are necessary to carry out research and monitoring.
External effects
When granting licences for proposed projects (regarded as subject to licence), which are to take place wholly or partly
near the relevant Article 20 sites, this Natura 2000 designation will be taken into account and may result in additional
conditions being applied to the licence or a refusal to issue the licence.
Enforcement
Partly to aid enforcement, commercial fishing vessels (depending on the length of the ship) must be equipped with
activated operational AIS or VMS tracking devices or black boxes. Shell extraction vessels and mussel fishing vessels must
have a black box. The black box system registers the vessel’s location at regular intervals; the pattern of these registrations
will show whether the vessel was used for fishing or relaying purposes. Vessels shorter than 12 metres do not have to be
equipped with such devices.

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Exact locations of the zoning for commercial fisheries and research areas
Once established under the 1998 Nature Conservation Act, the exact locations of the zoning for commercial fisheries and
the research areas in the Natura 2000 sites of the North Sea Coastal Zone and the Vlakte van de Raan –unless they are
already included in the annex to this decree — will be laid down in a supplementary decree under the Fisheries Act or
included in the relevant management plan.
The research areas in the Natura 2000 site of the North Sea Coastal Zone have been designated and are all located in the
zone I areas. The research areas in the Natura 2000 site of the Vlakte van de Raan have partly been designated. The
designated research areas (including coordinates) are annexed to this decree and are part of this decree.
No zoning has yet been established for commercial fisheries in the Natura 2000 Vlakte van de Raan site. As soon as this
zoning and the designation of all research areas within the Vlakte van de Raan are complete, they will be laid down in a
supplementary decree and included in the relevant management plan.
Ban on electric fishing
If the European ban on electric fishing is lifted, trawl fishing with tickler chains within the Natura 2000 sites of the North
Sea Coastal Zone and the Vlakte van de Raan will be completely banned within one year at the latest of the date of the
European ban being lifted.
Currently, electric fishing is still banned in the EU. Experimental pulse trawling is currently exempt from this ban in the
Netherlands. When the ban on electric fishing is lifted, this will allow pulse trawling to be extended and trawl fishing with
tickler chains to be phased out. There will be a transition period of no more than a year after the ban is lifted before
trawling with tickler chains is completely banned in the North Sea Coastal Zone and Vlakte van de Raan Natura 2000
sites. This ban will be published on the ministry’s website, in the Official Gazette and via fisheries organisation channels at
home and abroad for the benefit of both fishermen and other interested parties.
Notification of fishing measures
The measures in the present decree involve restrictions for the fisheries sector, including fishermen from other EU
Member States. Foreign fishermen are equally bound to observe the access restrictions in the present decree, since
they apply to Dutch territory. Therefore these measures will also be notified in accordance with Article 9(1) of Regulation
(EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries
policy. Fishermen from other Member States will have the opportunity to respond to the measures to be taken under this
restricted access decree.
Explanatory notes
The zoning primarily affects fishing, but also vessels and activities other than fishing. The overview below lists for each
type of fisheries and vessel where, how and when the activity concerned is permitted within the Natura 2000 sites of the
North Sea Coastal Zone and the Vlakte van de Raan.
Trawling with tickler chains is permitted:
— in the Natura 2000 site of the North Sea Coastal Zone: until 1 January 2014 outside research areas in the zone III
areas near Petten and Eierlandsegat;
— in the Natura 2000 site of the North Sea Coastal Zone: outside the zone I, II and III areas until 1 January 2016
outside the research areas with a licence issued under the Nature Conservation Act;
— in the Natura 2000 site of the Vlakte van de Raan until 1 January 2016 outside the research areas with a licence
issued under the Nature Conservation Act.
Shrimp fishing is permitted:
— in research areas within the Natura 2000 sites of the North Sea Coastal Zone and the Vlakte van de Raan, only where
necessary for research purposes;

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— in the Natura 2000 site of the North Sea Coastal Zone: until 1 January 2014 in zones II and III outside research areas
and thereafter in zone III with a licence issued under the Nature Conservation Act (see also article 4 part a);
— in the Natura 2000 site of the North Sea Coastal Zone: from 2015 in zone II areas with a licence issued under the
Nature Conservation Act if research proves conclusively that shrimp fishing with bobbins has no demonstrable
adverse effects on the seabed and its fauna;
— in the Natura 2000 site of the North Sea Coastal Zone: outside the zone I, II and III areas;
— in the Natura 2000 site of Vlakte van de Raan outside the research areas with a licence issued under the Nature
Conservation Act.
Trawl net fishing using the ‘best available techniques and fisheries practice’ is permitted:
— in research areas within the Natura 2000 sites of the North Sea Coastal Zone and the Vlakte van de Raan, only where
necessary for research purposes;
— in the Natura 2000 site of the North Sea Coastal Zone: in the zone II area off Petten (green cross-hatched area on
map in annex: zone II**) pulse trawling until 1 January 2016;
— in the Natura 2000 site of the North Sea Coastal Zone: both in and outside zone III areas, outside research areas;
— in the Natura 2000 site of the North Sea Coastal Zone: outside the zone I and II areas, outside research areas;
— in the Natura 2000 site of the Vlakte van de Raan outside the research areas with a licence issued under the Nature
Conservation Act.
Pelagic trawl net fishing is permitted:
— in research areas within the Natura 2000 sites of the North Sea Coastal Zone and the Vlakte van de Raan, only where
necessary for research purposes;
— in the Natura 2000 site of the North Sea Coastal Zone: outside zone I, II and III areas;
— in the Natura 2000 site of the North Sea Coastal Zone: in zone II and III areas except for pelagic fishing using gear
which is also suitable for seabed fishing;
— in the Natura 2000 site of the Vlakte van de Raan, outside research areas.
Shellfish fishing is permitted:
— in the Natura 2000 site of the North Sea Coastal Zone: in zone III areas outside research areas and only where
regulated either by a licence granted under the Nature Conservation Act or by the management plan, with the
exception of spisula fishery in the zone III area above Ameland;
— in the Natura 2000 site of the North Sea Coastal Zone: outside zone I, II and III areas and only where regulated either
by a licence granted under the Nature Conservation Act or by the management plan;
— in the Natura 2000 site of the Vlakte van de Raan outside research areas, where regulated either by a licence granted
under the Nature Conservation Act or by the management plan;
Extraction of shells is permitted:
— in the Natura 2000 site of the North Sea Coastal Zone: until 1 January 2014 from 1 April to 1 November in zone I
but only under the terms of the concession;

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— in the Natura 2000 site of the North Sea Coastal Zone: until 1 January 2014 in zones II and III but only under the
terms of the concession;
— From 1 January 2014 in zones II and III but only under the terms of the concession and provided it is licensed under
the Nature Conservation Act.
— In the N2000 site of the Vlakte van de Raan, outside the research areas, with a licence under the Nature Conservation
Act or as regulated by the management plan.
Fixed fishing gear, beyond the research areas, is permitted:
— in the Natura 2000 site of the North Sea Coastal Zone: outside zone I areas;
— in the Natura 2000 site of the North Sea Coastal Zone: in zones II and III;
— In the Natura 2000 site of the Vlakte van de Raan with a licence issued under the Nature Conservation Act.
Handline fishing is permitted:
— in the Natura 2000 site of the North Sea Coastal Zone: only outside the zone I areas;
— in the Natura 2000 site of the North Sea Coastal Zone: in and outside zone II and III areas;
— in the Natura 2000 site of the Vlakte van de Raan.
Mussel seed capture installations are permitted:
— in the Natura 2000 site of the North Sea Coastal Zone: in zones II and III, outside research areas;
— in the Natura 2000 site of the North Sea Coastal Zone: outside zone I, II and III areas and outside research areas;
— in the Natura 2000 site of the Vlakte van de Raan, outside research areas, with a licence issued under the Nature
Conservation Act.
Sand replenishment vessels are permitted:
— In addition to the options available to all vessels, sand replenishment vessels also have the option of transiting via a
variable corridor from 1 April to 1 November.
All vessels are permitted:
— in the Natura 2000 site of the North Sea Coastal Zone: until the adoption of the management plan for the North Sea
Coastal Zone, year-round transit from one area to the other for all vessels is only possible through the zone I area off
Petten close to the coast, without fishing and with fishing gear stowed away or in such condition that it cannot be
readily used;
— in the Natura 2000 site of the North Sea Coastal Zone: as from the adoption of the management plan for the site
zone I areas other than those off Petten will not be accessible to vessels except from 1 April to 1 November;
— in the Natura 2000 site of the North Sea Coastal Zone: transit and anchoring in zones II and III outside research
areas;
— in the Natura 2000 site of the North Sea Coastal Zone: navigation and anchoring outside the zone I, II and III areas
and outside research areas.
— In the Vlakte van de Raan, in accordance with article 6.

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General information regarding licensing procedures under the Nature Conservation Act 1998
Various articles in this Access Restriction Decree refer to the condition that certain activities are only allowed if licensed
under the Nature Conservation Act. The following text provides further details on the processes and the requirements
involved in such a licence procedure and the assessments to be made by the competent authorities.
General information regarding licensing procedures under the Nature Conservation Act and area-specific information
concerning Natura 2000 areas is available on the internet:
www.noordzeenatura2000.nl
http://www.synbiosys.alterra.nl/natura2000/default.aspx?main=gebieden
Article 6.3 of the Habitats directive provides that for any plan or project not directly connected with or necessary to the
management of the site but likely to have a significant effect thereon, either individually or in combination with other
plans or projects, an appropriate assessment of its implications for the site should be made, taking into account the site’s
conservation objectives.
Taking into account the conclusions of the assessment of the impact on the site and subject to paragraph 4, the
competent national authorities must not authorise the plan or project unless they have first ascertained that the
natural characteristics of the site concerned will not be adversely affected.
The above requirement for prior consent is implemented in Article 19d of the Dutch Nature Conservation Act 1998 in
the form of a licence instrument. Article 19f of this act provides that it is the responsibility of the applicant to submit an
appropriate assessment with the licence application.
The Ministerial Decree regarding Licensing under the Nature Conservation Act 1998 sets out the distribution of
competences regarding the issuing of licences between the Ministry of Economic Affairs, Agriculture and Innovation
on the one hand and the relevant provinces on the other. This decree lists various categories of activities and locations for
which central government is the competent authority; all other matters fall within the competence of the relevant
province. A relevant example in this regard is that the Ministry is exclusively competent for all activities in those
parts of the Dutch North Sea Coastal Zone Natura 2000 site that have not been apportioned to the provinces.
The initiator of a project or an activity will first of all have to enquire with the competent authority whether a licence is
actually required. This can be done formally through a request for an assessment of the requirement to have a licence, or
informally by telephone or e-mail or in a face-to-face meeting with representatives of the competent authority. The
competent authority will reply to this enquiry, if desired in writing. If the same activity is conducted by several individuals
in the same Natura site, as is the case with fishermen, who use a trade organisation to promote their interests, this
organisation will be the regular point of contact for the competent authority. In most cases these organisations can also
be the mandated applicant for the licence, although it is the individual enterprise or person which is the sole licensee.
If the competent authority comes to the conclusion that the activity or project needs a licence, the applicant will have to
make and submit an appropriate assessment of the activity. Applicants often commission an environmental consultancy
to draw up such an environmental assessment. The costs of this document are borne exclusively by the applicant. To
facilitate the drawing up of such an impact assessment the Ministry has published an ‘impact indicator’ on the internet:
http://www.synbiosys.alterra.nl/natura2000/effectenindicator.aspx?subj=effectenmatrix
In addition, the Dutch Coordination group for Natura 2000 (Regiegroep Natura 2000) has developed and published
various tools to provide guidance on concepts such as that of significance.
http://www.natura2000.nl/pages/gereedschap.aspx
None of these information sources is available in English. Their use therefore requires a translation.
In most cases a draft of the appropriate assessment will be discussed in one or more consultative meetings with the
competent authority before a written application is formally submitted. An appropriate assessment deals with all
(possible) effects of the activity on the applicable conservation goals of the Natura 2000 site or sites in question. It
also deals with mitigating circumstances or measures, if required and in specific cases, e.g. if significant effects are
concluded, with an evaluation of alternative locations, national interests and nature compensation (‘ADC-criteria’).

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After the formal submission of the application and its annexes the competent authority will check the completeness and
correctness of the information provided. It then sends copies to various interested parties to ask their opinion on the
application. Nature conservation organisation and other interested parties will have 6 weeks to voice their opinions, while
provinces and relevant municipalities will have 8 weeks.
In most cases the competent authority will take a decision within 13 weeks of receiving the application. This 13-week
period can be extended by another 13 weeks.
After a formal decision on the application has been issued, an interested party can file an objection (bezwaar) within 6
weeks. Following the decision on the objection said party can lodge an appeal with the Administrative Appeals Division
of the Council of State, again within 6 weeks.
The primary decision on the application includes a set of clauses and an annex setting out the competent authority’s
considerations that motivate the decision. These clauses may include the requirement to have a copy of the licence on
board while performing the activity, the requirement to have an operational catch registration or navigation system of a
certain type, the requirement to report certain information on fishing which deviates from the licence, the obligation to
fish within certain areas or the prohibition to do so in certain areas, the obligation to observe disturbance distances to
areas where birds and/or seals are present, the obligation to fish with certain gear, the obligation to respect quota in
certain periods or in certain areas and clauses on the validity of the licence on specific days, parts of day or in specific
periods.
Management plans will be published on the Ministry website. The question as to whether an activity comes under the
licence or the management plan requirement should as yet be put to the competent authorities. Once the relevant
management plan has been adopted the details can be found in the plan itself.
Notification system for foreign fishing vessels
The above procedure for the application for licences under the Nature Conservation Act 1998 applies to all vessels with
fishing rights (see Basic Reg. 2371/2002, Annex I). Dutch fishing trade organisations may apply for a licence on behalf of
foreign fishing vessels for a certain type of fisheries. In that case these fishermen are either immediately added to the list
of licensees which is attached to the licence (if their data have been provided to the competent authorities by the relevant
Dutch trade organisation at the time of awarding the licence) or they are included – with their characteristics — in that
list after their notification by e-mail (access_natura2000_neth@mineleni.nl] to the competent authorities. Foreign fishing
vessels are subject to the same licensing rules.
Information arrangement with regard to changes in access restrictions
In respect of future access restrictions, several articles of the present decree refer to future situations (e.g. the adoption of a
management plan) for which a specific time cannot yet be set. Changes in access restrictions for which no specific time
has been set will be published on the website https://circabc.europa.eu/faces/jsp/extension/wai/navigation/container.jsp, in
the Dutch Government Gazette (Staatscourant) and through the communication channels of Dutch and foreign fishing
trade organisations for the benefit of both Dutch and foreign fishermen as well as other interested parties.
Notes to the articles:
Article 1
This article provides the definitions of a number of key terms used in the decree.
Article 2
This Article regulates access restrictions with regard to the zone I areas. The combined area of all zone I areas is around
145 km 2 or 10 % of the overall area of the North Sea Coastal Zone Natura 2000 site.
Closed zone I areas are closed to all fisheries, except for the part that is needed for fisheries research. In the VIBEG
agreement it was expressly agreed that fixed gear and long line fisheries must not take place in these areas.
The aim is to allow these areas to develop with a minimum of disturbance with a view to improving the quality of habitat
type H1110_B and also for the benefit of groups of birds that are vulnerable to disturbance, such as red and black-
throated divers, greater scaups, eiders and scoters, whether or not in direct relation to any potential occurrence of
shellfish. Use for other purposes than fisheries will be restricted because of the above objectives of conservation and
development and will also be included in the relevant management plan or regulated by a licence under the Nature
Conservation Act.

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To ensure such development with minimum disturbance, low-altitude activities above the area, which could substantially
disturb scoters, are also banned. These areas are therefore also closed to civil aircraft unless flying above 300 metres, in
accordance with the ‘gedragscode verantwoord vliegen’ (code of conduct on responsible flying). The intention is to bring
this threshold into line with the 450-metre threshold that applies above the Wadden Sea key planning decision area (PKB-
gebied). Once the Aviation Act has been amended in this regard, the threshold of 450 metres will also apply to the North
Sea Coastal Zone. Military air traffic is permitted for operational purposes by virtue of Article 11. Exercises with military
aircraft (including search and rescue) are to take place outside the zone I areas.
Exemptions from the access restrictions apply for fisheries research.
Shells can only be extracted until 1 January 2014 in an area of around 20 ha above Schiermonnikoog, where the
concession (see chart 18 PKB Derde Nota Waddenzee (Third Policy Document on the Wadden Sea)) continues to that
date and overlaps the zone I area in question. The relevant concession areas are laid down in the national policy
document on shell extraction. This document identifies the areas concerned and the quantities that may be extracted
annually. It also sets out the main conditions that will be applied to the licences. Due to the possible disturbance of
(diving) sea ducks exploitation of shells is only permitted in this area from 1 April to 1 November.
Laying and maintenance of (pipe)lines is still permitted, subject to licence under the Nature Conservation Act. This
refers to projects of a temporary nature that cause local disturbance of the seabed and are governed by the national
coordination regulation, i.e. projects of national importance.
Access and transit of vessels are also permitted from 1 April to 1 November, when there is little danger of disturbing
groups of vulnerable birds such as scoters and black and red-throated divers, as these birds are then largely absent.
There is an exemption from the ban on transit from 1 November to 1 April only for the zone I area off Petten, allowing
year-round transit to other areas. This applies to all vessels, including fishing vessels. However, they must not fish during
transit, and their fishing gear must be stowed away or in such condition that it cannot be readily used. This exemption is
applied off Petten because alternative navigation routes are too long.
A transit ban for ships is in breach of the International Law of the Sea Convention, which guarantees the right of free
passage. However, states are authorised to operate restrictions on shipping within the official 12-mile zone off the coast.
All zone-1 areas are well within this 12-mile zone. The International Maritime Organisation (IMO) will be consulted
concerning such transit restrictions.
Sand replenisment is necessary for coastal safety and is therefore of national importance. Furthermore, unlike
commercial fisheries for instance, it is not a continuous activity. On average sand replenishment is carried out on
each site once every four years, and takes between a few weeks and several months. The impact analysis (NEA) for
the Natura 2000 management plan for the North Sea Coastal Zone shows that the bird species most sensitive to
disturbance that occur in the zone I areas are no longer disturbed by vessels at a distance of 1 500 metres. These
minimum distances from concentrations (of scoters) will therefore be taken into account in positioning the variable
corridor, to prevent disturbance. It is also the aim of central government that these corridors should be used as little as
possible during the sensitive winter period.
Article 3
This article regulates the access restrictions with regard to the zone II areas. The combined area of all zone II areas is
around 216 km 2 or 15 % of the overall area of the North Sea Coastal Zone Natura 2000 site.
The closed zone II areas are entirely excluded from seabed fishing and other activities that disturb the seabed.
The aim is to allow these areas to develop with the minimum of disturbance with a view to improving the quality of
habitat type H1110_B. Other uses will brought into line with this goal as much as possible; they are specified in this
Article and included in the relevant management plan.
In the zone II area off Petten (green cross-hatched area on map in annex: zone II**) pulse trawling is permitted until
1 January 2016. The overall area of this zone II area is around 49 km 2 or 3 % of the overall area of the North Sea Coastal
Zone Natura 2000 site. This exemption is made to compensate for the designation of the surrounding area as zone III.
The result is a larger area closed to trawl fishing with tickler chains.

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Pelagic fishery using trawl nets is only permitted in zone II if it is carried out with fishing gear that cannot also be used
for seabed fishing. If gear is used for pelagic fishing in a zone II area that can also be used for seabed fishing (for example,
when equipped with nets with bobbins), it is not always possible to find out whether or not seabed fishing is or has been
practised in zone II. This makes enforcement more difficult.
Normal shrimp fishing can only continue in these areas until 1 January 2014, when the Nature Conservation Act
licence (which is issued to Dutch shrimp fishermen only) expires. From 2015 shrimp fishing will again be permitted in
zone II areas with a licence under the Nature Conservation Act if research proves conclusively that existing shrimp fishing
with bobbins has no demonstrable adverse impact on the seabed and its fauna. The research will have to be initiated,
carried out and funded by the (Dutch or foreign) shrimp sector itself. Whether this research fulfils the above burden of
proof is a matter for the competent authorities to decide when they assess Nature Conservation Act licence applications
for shrimp fishing in the relevant areas after 1 January 2014. Anticipating the above research outcomes and in the light
of the conservation objectives for these areas, licences are by definition important as shrimp fisheries may have a
deteriorating effect on the quality of natural habitats and species habitats or may result in significance disturbance of
the species for which these areas were designated. Such licences issued for use after 1 January 2014 may include
mitigating measures.
The concession for the extraction of shells (see chart 18 PKB Derde Nota Waddenzee) runs until 1 January 2014. Shell
extraction can continue in concession areas after that date, provided it is licensed under the Nature Conservation Act. The
relevant concession areas are laid down in the national policy document on shell extraction. This document identifies the
areas concerned and the quantities that may be extracted annually. It also describes the main conditions laid down in the
licences.
Laying and maintaining (pipe)lines will still be permitted subject to licence under the Nature Conservation Act. This
refers to projects of a temporary nature that cause local disturbance of the seabed and are governed by the national
coordination regulation, i.e. projects of national importance.
Access and transit are otherwise open to all vessels including fishing vessels.
Fishing with fixed gear, mussel seed capture installations and the anchoring of vessels continue to be permitted as
they cause only very infrequent and dispersed penetration of the seabed.
Article 4
This article regulates the access restrictions with regard to the zone III areas. The combined area of all zone III areas is
around 407 km 2 or 28 % of the overall area of the North Sea Coastal Zone Natura 2000 site.
The closed areas in zone III are designated to promote innovative developments, to ensure that only the best available
techniques and best fisheries practice are used in fishing. The competent authority, in this case the Ministry of Economic
Affairs, Agriculture and Innovation (EL&I), will identify the best available techniques and best fisheries practice at any
given time. The moment of the evaluation is during the Nature Conservation licence procedure for any of the specific
individual fisheries within this zone. Fishermen who want to apply for a qualification of their gear as ‘best available
technique or fisheries practice’ have to apply for a written confirmation by the competent authority with the Ministry of
Economic Affairs, Agriculture and Innovation, Postbox 20401 EA The Hague, the Netherlands. Such an application must
include a research report bearing out that the gear in question has potentially even less negative effects on the relevant
conservation objectives of the Natura 2000 sites in comparison with the gears in use at the time of granting the licence.
All forms of fisheries that do not disturb the seabed are permitted.
Trawling with ticklers chains is permitted until 1 January 2014 only in the zone III areas of Petten en Eierlandsegat –
not in the other zone III areas.
Pelagic fishery using trawl nets is only permitted in zone III if it is carried out with fishing gear that cannot also be
used for seabed fishing. If gear is used for pelagic fishing in a zone III area that can also be used for seabed fishing (for
example, when equipped with nets with bobbins), it is not always possible to find out whether or not seabed fishing is or
has been practised in zone II. This makes enforcement more difficult. The relevant checks will be carried out by
supervisors appointed for the area.

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The concession for the extraction of shells (see chart 18 PKB Derde Nota Waddenzee) runs until 1 January 2014. Shell
extraction can continue in concession areas after that date, provided it is licensed under the Nature Conservation Act. The
relevant concession areas are laid down in the national policy document on shell extraction. This document identifies the
areas concerned and the quantities that may be extracted annually. It also describes the main conditions laid down in the
licences.
Shrimp fishing is permitted until 1 January 2014 and can continue after that date subject to licence under the Nature
Conservation Act. Foreign shrimp vessels may obtain further information from the Produktschap Vis (Commodity Board
for Fish and fish Products) and/or the Nederlandse Vissersbond (the Dutch Fishermen’s Federation) or seek to join Nature
Conservation Act licensing procedures which they have initiated and coordinated. The competent authorities may also
provide more details. Further information is provided under the more general explanatory notes in this document.
Laying and maintaining (pipe)lines will still be permitted subject to licence under the Nature Conservation Act. This
refers to projects of a temporary nature that cause local disturbance of the seabed and are governed by the national
coordination regulation, i.e. projects of national importance.
Access and transit are otherwise open to all vessels including fishing vessels.
Shellfish fishing is permitted, except for Spisula fishing in the zone III area above Ameland and only where
regulated either by licence under the Nature Conservation Act or by the management plan. The area above Ameland
is excluded from Spisula fishing because of the frequent presence of groups of scoters.
Fishing with fixed gear, mussel seed capture installations and the anchoring of vessels continue to be permitted as
they cause only very infrequent and dispersed penetration of the seabed.
Article 5
The overall area of the entire Natura 2000 site of the North Sea Coastal Zone is around 1 440 km 2 . This Article regulates
fisheries in the area within the North Sea Coastal Zone site remaining after deduction of the zone I, II and III areas. The
overall size of this remaining area is 672 km 2 or 47 % of the overall North Sea Coastal Zone Natura 2000 site.
All forms of fishing are permitted in this area provided a licence has been granted under the Nature Conservation Act if
the fishing is subject to licence, or that the type of fisheries concerned is included in a management plan. By requiring a
licence or inclusion in the management plan, it is possible to prevent further growth in fisheries activity, particularly
within the Natura 2000 site of North Sea Coastal Zone, and thus guarantee the achievement of the conservation goals for
this site.
Trawl fishing with tickler chains will be permitted outside zones I, II and III and outside any research zones outside
these zones until 1 January 2016 at the latest.
Article 6
The designation of research areas and the zoning in relation to commercial fisheries in the Vlakte van de Raan site will be
carried out in the course of 2012, except for a small part that is designated by this decree. Consequently access to the
Vlakte van de Raan Natura 2000 site will be restricted from 1 January 2013.
Trawl fishing with tickler chains is permitted outside research areas in the Vlakte van de Raan until 1 January 2016 at
the latest, subject to licence under the Nature Conservation Act.
Shellfish fishing, fishing with fixed gear and mussel seed capture installations are permitted outside the research
areas provided they are regulated either by a licence under the Nature Conservation Act or by the management plan.
Other forms of commercial fisheries are only permitted if they are regulated by a licence under the Nature Conser
vation Act. By requiring a licence, it is possible to prevent further growth in commercial fisheries activity, particularly
within the Natura 2000 site of Vlakte van de Raan, and thus guarantee the achievement of the conservation goals for this
site. Otherwise there are no access restrictions for the Vlakte van de Raan.

---

L 291/20
EN
Official Journal of the European Union
20.10.2012
Article 7
This Article provides that – if research in the research areas is completed before 1 January 2016 – the relevant zone will
be governed by the regime applicable to the surrounding areas as soon as research in those areas is finished.
This will be made public on the Ministry’s website, the CIRCACB website, in the Official Gazette and via the fishing trade
organisations’ communication channels at home and abroad for the benefit of both Dutch and foreign fishermen as well
as other interested parties.
Article 8
Under European legislation commercial fishing vessels must be equipped with an operational tracking device using the
vessel monitoring system (VMS) or, depending on the type of vessel, the AIS system. This only applies to fishing vessels
that are required to have a tracking system by law, hence the addition of the phrase ‘where applicable’. This will facilitate
enforcement of the current decree in respect of fishing vessels.
Enforcement relates to the whole body of applicable law in the field of nature conservation and other fishing regulations
under the European Common Fisheries Policy.
Article 9
Under article 20(4) of the Nature Conservation Act an exemption from the access restrictions in this decree is made for
the State as the owner of the site. The aim is to allow central government to carry out or commission works where
strictly necessary for management and maintenance, marking, monitoring, rescue, inspection, supervision, detection and
defence.
Article 10
For reasons of legal certainty and in view of the research to be carried out, the Government has opted to extend the
period of validity of this decree. The decree will remain in force until 1 January 2016, i.e. when a blanket ban on trawling
with tickler chains will be in force, or earlier if it is phased out in accordance with Article 8.
Article 11
For access by foreign fishing vessels a notification system has been developed with a view to bringing these vessels under
the scope of the licence procedure. Following notification the data relating to the vessel will be added to the list of vessels
which is attached to the licence as an annex. This enables these vessels to fish within the conditions of the licence. The
licensing requirement is applicable to all Natura 2000 sites in the Dutch coastal zone, namely the North Sea Coastal
Zone, Voordelta and Vlakte van de Raan.

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
291/21
ANNEX II
Annex to decree ref;……PM..
Overview map of zones
VIBEG Zoning of the North Sea Coastal Zone
Version of 21 August 2011
Legend
Natura 2000 site (area 1 440 km 2 ) outlined in red
Zones:
Black cross-hatched area Zone I
Blue hatched area Zone II
Green hatched area Zone II (*)
Green cross-hatched area Zone II (**)
Orange hatched areas Zone III
(*) Open for shrimp fishing as long as shrimp fishing continues in the Zuidoostlauwers (Wadden Sea)
(**) Fishing with echo sounders is permitted, in exchange for which the surrounding area is declared a zone III area.

---

L 291/22
EN
Official Journal of the European Union
20.10.2012
Separate maps of the zones

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
291/23

---

L 291/24
EN
Official Journal of the European Union
20.10.2012
The zones indicated on the maps above have the following coordinates, which mark their boundaries:
a. The zone I areas are located within the following vertices:
Names as mentioned on the map:
1. Petten
Position N.
Lat. E.
Long.
1 4°
36.07 52°
39.04
2 4°
31.37 52°
39.10
3 4°
32.12 52°
40.11
4 4°
32.87 52°
41.28
5 4°
33.17 52°
42.02
6 4°
33.41 52°
43.14
7 4°
36.87 52°
42.91
2. Terschelling
Position N.
Lat. E.
Long.
1 5°
11.38 53°
26.44
2 5°
12.01 53°
26.61
3 5°
13.26 53°
27.00
4 5°
14.48 53°
27.48
5 5°
14.98 53°
27.68
6 5°
15.04 53°
27.70
7 5°
15.04 53°
27.70
8 5°
15.66 53°
27.94
9 5°
16.70 53°
28.34
10 5°
17.58 53°
28.81
11 5°
18.21 53°
29.09
12 5°
19.38 53°
29.46
13 5°
20.35 53°
29.71
14 5°
21.97 53°
30.05
15 5°
22.12 53°
30.08
16 5°
22.97 53°
28.84
17 5°
14.67 53°
26.63
3. Ameland
Position N.
Lat. E.
Long.
1 5°
49.33 53°
31.82
2 5°
49.21 53°
30.62
3 5°
39.90 53°
30.85
4 5°
36.13 53°
31.04
5 5°
32.77 53°
30.91
6 5°
32.65 53°
31.77
7 5°
34.62 53°
31.92
8 5°
36.07 53°
31.94
9 5°
40.94 53°
32.00
10 5°
43.81 53°
31.93
11 5°
46.80 53°
31.84

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
291/25
Position N.
Lat. E.
Long.
12 5°
46.80 53°
31.84
13 5°
48.06 53°
31.81
4. Schiermonnikoog
Position N.
Lat. E.
Long.
1 6°
14.91 53°
34.37
2 6°
13.33 53°
33.77
3 6°
02.86 53°
32.69
4 6°
01.85 53°
33.06
5 6°
03.10 53°
33.21
6 6°
04.78 53°
33.65
7 6°
05.44 53°
33.89
8 6°
06.47 53°
34.24
9 6°
06.81 53°
34.39
10 6°
13.28 53°
34.37
5. Rottum
Position N.
Lat. E.
Long.
1 6°
25.18 53°
32.59
2 6°
21.94 53°
32.87
3 6°
18.74 53°
32.73
4 6°
18.77 53°
33.13
5 6°
25.67 53°
34.20
6 6°
25.80 53°
34.18
7 6°
26.02 53°
34.15
8 6°
26.40 53°
34.10
9 6°
26.78 53°
34.04
10 6°
27.32 53°
33.94
11 6°
27.59 53°
33.91
12 6°
27.89 53°
33.93
13 6°
28.27 53°
33.92
14 6°
28.54 53°
33.89
15 6°
28.92 53°
33.86
16 6°
29.26 53°
33.88
17 6°
29.91 53°
33.86
18 6°
30.60 53°
33.89
19 6°
31.40 53°
33.95
20 6°
31.55 53°
33.96
21 6°
32.23 53°
34.02
22 6°
32.80 53°
34.05
23 6°
33.18 53°
34.06
24 6°
33.77 53°
34.04
25 6°
34.06 53°
34.02
26 6°
34.40 53°
33.97
27 6°
34.82 53°
33.92
28 6°
35.21 53°
33.84
29 6°
35.60 53°
33.77
30 6°
35.63 53°
33.76
31 6°
35.74 53°
33.75
32 6°
36.06 53°
33.69
33 6°
36.23 53°
33.66
34 6°
36.25 53°
33.66
35 6°
35.79 53°
33.43
36 6°
35.70 53°
33.38
37 6°
34.78 53°
32.93
38 6°
34.70 53°
32.89
39 6°
33.32 53°
32.82
40 6°
33.17 53°
32.81
41 6°
31.76 53°
32.73
42 6°
31.27 53°
32.70
43 6°
31.15 53°
32.69
44 6°
30.24 53°
32.64
45 6°
29.79 53°
32.71
46 6°
29.39 53°
32.78
47 6°
29.22 53°
32.81
48 6°
29.14 53°
32.82
49 6°
28.81 53°
32.87

---

L 291/26
EN
Official Journal of the European Union
20.10.2012
Position N.
Lat. E.
Long.
50 6°
28.42 53°
32.93
51 6°
27.31 53°
33.11
52 6°
27.20 53°
33.13
53 6°
27.09 53°
33.14
54 6°
26.64 53°
33.21
b. The zone II areas are located within the following vertices:
Names as mentioned on the map:
1. Petten
Position N.
Lat. E.
Long.
1 4°
36.87 52°
42.91
2 4°
33.41 52°
43.14
3 4°
33.41 52°
43.16
4 4°
33.52 52°
44.27
5 4°
33.35 52°
45.14
6 4°
33.31 52°
45.29
7 4°
34.96 52°
49.73
8 4°
38.96 52°
49.24
9 4°
37.62 52°
46.48
2. Razende Bol
Position N.
Lat. E.
Long.
1 4°
42.07 52°
59.38
2 4°
43.12 52°
58.57
3 4°
41.36 52°
57.60
4 4°
37.97 52°
53.87
5 4°
37.04 52°
53.91
6 4°
36.59 52°
55.39
7 4°
36.99 52°
58.20
8 4°
38.22 52°
59.07
9 4°
40.43 52°
59.68
10 4°
40.72 53°
00.79
11 4°
41.20 53°
00.82
12 4°
39.32 52°
57.76
13 4°
39.75 52°
57.62
14 4°
40.17 52°
57.62
15 4°
40.68 52°
57.67
16 4°
41.21 52°
57.94
17 4°
41.90 52°
58.33
18 4°
42.39 52°
58.57
19 4°
42.43 52°
58.84
20 4°
42.39 52°
58.90
21 4°
42.23 52°
58.97
22 4°
41.98 52°
58.97
23 4°
40.70 52°
59.08
24 4°
40.03 52°
59.09
25 4°
39.65 52°
59.03
26 4°
39.44 52°
58.97
27 4°
39.18 52°
58.86
28 4°
39.05 52°
58.79
29 4°
38.96 52°
58.68
30 4°
38.92 52°
58.36
31 4°
38.95 52°
58.02
3. Eierlandsegat
Position N.
Lat. E.
Long.
1 4°
52.11 53°
13.69
2 4°
51.48 53°
13.60
3 4°
50.94 53°
13.23
4 4°
50.94 53°
12.84
5 4°
49.99 53°
12.48
6 4°
49.97 53°
12.46
7 4°
49.94 53°
12.45
8 4°
49.99 53°
12.39

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
291/27
Position N.
Lat. E.
Long.
9 4°
50.93 53°
11.33
10 4°
51.13 53°
11.15
11 4°
51.26 53°
11.03
12 4°
51.22 53°
11.00
13 4°
51.19 53°
10.98
14 4°
51.17 53°
10.95
15 4°
51.17 53°
10.95
16 4°
51.17 53°
10.95
17 4°
51.17 53°
10.94
18 4°
51.17 53°
10.94
19 4°
51.17 53°
10.94
20 4°
51.16 53°
10.93
21 4°
51.16 53°
10.93
22 4°
51.14 53°
10.92
23 4°
51.10 53°
10.90
24 4°
51.10 53°
10.90
25 4°
51.08 53°
10.91
26 4°
51.06 53°
10.90
27 4°
50.93 53°
10.83
28 4°
50.88 53°
10.81
29 4°
50.82 53°
10.79
30 4°
50.78 53°
10.77
31 4°
50.72 53°
10.75
32 4°
50.66 53°
10.73
33 4°
50.62 53°
10.71
34 4°
50.58 53°
10.70
35 4°
50.52 53°
10.67
36 4°
50.48 53°
10.65
37 4°
50.44 53°
10.63
38 4°
50.38 53°
10.60
39 4°
50.34 53°
10.57
40 4°
50.29 53°
10.54
41 4°
50.21 53°
10.50
42 4°
50.17 53°
10.48
43 4°
50.08 53°
10.43
44 4°
49.98 53°
10.37
45 4°
49.96 53°
10.35
46 4°
49.85 53°
10.28
47 4°
49.85 53°
10.28
48 4°
49.73 53°
10.20
49 4°
49.70 53°
10.18
50 4°
49.64 53°
10.14
51 4°
49.62 53°
10.12
52 4°
49.57 53°
10.07
53 4°
49.52 53°
10.03
54 4°
49.46 53°
09.97
55 4°
49.43 53°
09.94
56 4°
49.38 53°
09.89
57 4°
49.34 53°
09.86
58 4°
49.32 53°
09.85
59 4°
47.90 53°
11.80
60 4°
47.90 53°
12.52
61 4°
48.34 53°
12.97
62 4°
48.59 53°
13.14
63 4°
51.83 53°
13.90
4. Stortemelk
Position N.
Lat. E.
Long.
1 5°
08.41 53°
21.04
2 5°
07.46 53°
20.53
3 5°
07.42 53°
20.52
4 5°
07.38 53°
20.49
5 5°
07.19 53°
20.39
6 5°
07.19 53°
20.39
7 5°
06.55 53°
20.05
8 5°
04.54 53°
20.04
9 5°
02.38 53°
18.81
10 5°
00.63 53°
18.89
11 4°
59.07 53°
19.34

---

L 291/28
EN
Official Journal of the European Union
20.10.2012
Position N.
Lat. E.
Long.
12 4°
59.13 53°
21.07
13 5°
01.99 53°
22.17
14 5°
08.18 53°
23.19
15 5°
08.83 53°
23.07
16 5°
09.42 53°
22.63
17 5°
08.36 53°
21.99
5. Terschelling
Position N.
Lat. E.
Long.
1 5°
22.97 53°
28.84
2 5°
22.12 53°
30.08
3 5°
24.96 53°
30.67
4 5°
25.85 53°
30.84
5 5°
28.26 53°
31.24
6 5°
29.07 53°
31.37
7 5°
30.11 53°
31.50
8 5°
31.79 53°
31.70
9 5°
32.65 53°
31.77
10 5°
32.77 53°
30.91
11 5°
29.87 53°
30.48
6. Rottum
Position N.
Lat. E.
Long.
1 6°
25.18 53°
32.59
2 6°
25.04 53°
32.52
3 6°
23.88 53°
32.03
4 6°
23.85 53°
32.01
5 6°
23.81 53°
31.99
6 6°
23.54 53°
31.87
7 6°
22.06 53°
31.24
8 6°
21.72 53°
31.09
9 6°
21.64 53°
31.05
10 6°
21.57 53°
31.03
11 6°
21.51 53°
31.00
12 6°
21.40 53°
30.95
13 6°
21.24 53°
30.88
14 6°
21.15 53°
30.84
15 6°
20.96 53°
30.76
16 6°
20.38 53°
30.51
17 6°
18.57 53°
30.38
18 6°
18.74 53°
32.73
19 6°
21.94 53°
32.87
c. The zone III areas are located within the following vertices:
Names as mentioned on the map:
1. Petten
Position N.
Lat. E.
Long.
1 4°
42.38 52°
52.59
2 4°
42.38 52°
52.57
3 4°
41.36 52°
50.31
4 4°
40.54 52°
48.39
5 4°
39.24 52°
46.17
6 4°
38.56 52°
44.48
7 4°
38.12 52°
42.05
8 4°
37.85 52°
40.72
9 4°
34.08 52°
54.35
2. Eierlandsegat
Position N.
Lat. E.
Long.
1 4°
55.87 53°
15.31
2 4°
54.62 53°
14.77

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
291/29
Position N.
Lat. E.
Long.
3 4°
53.30 53°
14.19
4 4°
52.54 53°
13.97
5 4°
52.11 53°
13.69
6 4°
51.83 53°
13.90
7 4°
48.59 53°
13.14
8 4°
48.34 53°
12.97
9 4°
47.90 53°
12.52
10 4°
47.90 53°
11.80
11 4°
49.32 53°
09.85
12 4°
49.27 53°
09.82
13 4°
49.24 53°
09.79
14 4°
49.20 53°
09.76
15 4°
49.13 53°
09.70
16 4°
49.10 53°
09.67
17 4°
49.04 53°
09.61
18 4°
49.01 53°
09.58
19 4°
48.91 53°
09.49
20 4°
48.91 53°
09.49
21 4°
48.81 53°
09.40
22 4°
48.71 53°
09.31
23 4°
48.62 53°
09.22
24 4°
48.52 53°
09.13
25 4°
48.48 53°
09.09
26 4°
48.47 53°
09.08
27 4°
48.43 53°
09.04
28 4°
48.33 53°
08.94
29 4°
48.24 53°
08.85
30 4°
48.21 53°
08.82
31 4°
48.18 53°
08.79
32 4°
48.16 53°
08.76
33 4°
48.16 53°
08.75
34 4°
48.15 53°
08.73
35 4°
48.14 53°
08.70
36 4°
48.14 53°
08.70
37 4°
48.13 53°
08.69
38 4°
48.13 53°
08.69
39 4°
48.13 53°
08.68
40 4°
48.12 53°
08.66
41 4°
48.12 53°
08.64
42 4°
48.13 53°
08.63
43 4°
47.88 53°
08.34
44 4°
47.85 53°
08.34
45 4°
47.83 53°
08.33
46 4°
47.79 53°
08.32
47 4°
47.74 53°
08.29
48 4°
47.72 53°
08.28
49 4°
47.61 53°
08.19
50 4°
47.50 53°
08.11
51 4°
47.46 53°
08.08
52 4°
47.38 53°
08.03
53 4°
47.27 53°
07.94
54 4°
47.20 53°
07.89
55 4°
47.16 53°
07.85
56 4°
47.11 53°
07.81
57 4°
47.05 53°
07.77
58 4°
46.95 53°
07.68
59 4°
40.88 53°
10.07
60 4°
41.42 53°
10.61
61 4°
42.15 53°
11.30
62 4°
42.90 53°
11.99
63 4°
43.40 53°
12.44
64 4°
43.66 53°
12.67
65 4°
44.45 53°
13.35
66 4°
45.26 53°
14.01
67 4°
46.09 53°
14.66
68 4°
46.94 53°
15.31
69 4°
47.80 53°
15.95
70 4°
48.69 53°
16.58
71 4°
49.32 53°
16.97
72 4°
50.18 53°
17.50
73 4°
51.04 53°
18.05

---

L 291/30
EN
Official Journal of the European Union
20.10.2012
3. Ameland
Position N.
Lat. E.
Long.
1 5°
32.77 53°
30.91
2 5°
36.13 53°
31.04
3 5°
39.90 53°
30.85
4 5°
49.21 53°
30.62
5 5°
49.33 53°
31.82
6 5°
51.60 53°
31.86
7 5°
54.65 53°
32.20
8 5°
54.68 53°
29.29
9 5°
38.34 53°
28.85
4. Schiermonnikoog
Position N.
Lat. E.
Long.
1 6°
25.67 53°
34.20
2 6°
18.77 53°
33.13
3 6°
18.57 53°
30.38
4 6°
09.66 53°
30.20
5 6°
02.86 53°
32.69
6 6°
13.33 53°
33.77
7 6°
14.91 53°
34.37
8 6°
17.50 53°
34.35
9 6°
17.60 53°
34.35
10 6°
17.60 53°
34.36
11 6°
17.60 53°
34.36
12 6°
21.37 53°
34.35
13 6°
24.11 53°
34.35
14 6°
24.49 53°
34.34
15 6°
24.91 53°
34.31
16 6°
25.52 53°
34.23
d. The relevant areas will be indicated as such on the Hydrografische Zeekaarten (Hydrographic Nautical Charts), in the
2013 and subsequent editions.

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
291/31
Maps of the research areas where research will be conducted on the effects of shrimp fisheries
Coast of Holland
3 BACI compartments of 15 hectares

---

L 291/32
EN
Official Journal of the European Union
20.10.2012
Terschelling-Ameland-Schiermonnikoog
3 × 2 = 6 BACI-compartments of 15 hectares, with 2 unfished areas near 2 drilling sites at Ameland

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
291/33
Wadden Sea
Compartment at the Molenrak on fisheries efficiency (75 ha)
3 BACI-compartments of 15 ha near the afsluitdijk

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L 291/34
EN
Official Journal of the European Union
20.10.2012
Vlakte van de Raan
3 BACI-compartments of 25 hectares, half of which are fished experimentally

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EN
20.10.2012 Official
Journal
of
the
European
Union L
291/35
Overview maps showing the locations of shrimp research
North Sea Coastal Zone and Wadden Sea
Location of 12 BACI compartments (No 1 to 12) and the research compartment on fisheries intensity (A). Zone 1 NSCZ:
red hatched. The circled areas at Ameland are unfished areas near 2 drilling sites (towers).
Vlakte van de Raan
3 BACI-compartments (nr. 13 to 15). The six blue lines in the northern part of the Voordelta indicate the location of the
effect research as is currently already taking place in the Voordelta.
The locations where research on the effects of shrimp fishing is conducted are located within the following vertices:
1. Schiermonnikoog
No N.
Lat. E.
Long.
1 53°
34.03 06°
07.49
53° 34.08 06°
07.99
53° 33.91 06°
07.99
53° 33.87 06°
07.54
2 53°
33.23 06°
04.69
53° 33.28 06°
05.14

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L 291/36
EN
Official Journal of the European Union
20.10.2012
No N.
Lat. E.
Long.
53° 33.12 06°
05.19
53° 33.07 06°
04.74
2. Ameland
No N.
Lat. E.
Long.
3 53°
31.21 05°
42.05
53° 31.21 05°
42.51
53° 31.04 05°
42.51
53° 31.04 05°
42.05
4 53°
31.67 05°
37.24
53° 31.67 05°.37.70
53° 31.50 05°
37.70
53° 31.50 05°
37.24
3. Terschelling
No N.
Lat. E.
Long.
5 53°
28.77 05°
21.48
53° 28.87 05°
21.90
53° 28.72 05°
21.99
53° 28.62 05°
21.57
6 53°
28.70 05°
18.06
53° 28.80 05°
18.48
53° 28.65 05°
18.57
53° 28.55 05°
18.15
4. Petten
No N.
Lat. E.
Long.
7 52°
42.16 04°
35.87
52° 42.14 04°
36.14
52° 41.87 04°
36.08
52° 41.89 04°
35.81
8 52°
41.73 04°
33.65
52° 41.71 04°
33.91
52° 41.44 04°
33.86
52° 41.46 04°
33.59
9 52°
40.11 04°
34.05
52° 40.09 04°
34.31
52° 39.82 04°
34.26
52° 39.84 04°
33.99
5. Wadden Sea: Afsluitdijk
No N.
Lat. E.
Long.
10 53°
01.19 05°
05.84
53° 01.06 05°
06.23
53° 00.92 05°
06.10
53° 01.05 05°
05.71
11 53°
00.77 05°
09.08
53° 00.81 05°
09.52
53° 00.62 05°
09.57
53° 00.61 05°
09.12
12 53°
01.19 05°
10.85
53° 01.36 05°
11.21
53° 01.23 05°
11.38
53° 01.06 05°
11.03
6. Wadden Sea: Molenrak
No N.
Lat. E.
Long.
A 53°
10.30 05°
19.06
53° 10.30 05°
20.41
53° 10.03 05°
20.41
53° 10.03 05°
19.06

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EN
20.10.2012 Official
Journal
of
the
European
Union L
291/37
7. Vlakte van de Raan
No N.
Lat. E.
Long.
13 51°
31.06 03°
21.61
51° 30.90 03°
21.97
51° 30.68 03°
21.71
51° 30.84 03°
21.35
14 51°
33.00 03°
16.86
51° 32.81 03°
17.16
51° 32.62 03°
16.84
51° 32.82 03°
16.54
15 51°
30.82 03°
16.48
51° 30.68 03°
16.86
51° 30.45 03°
16.64
51° 30.58 03°
16.26

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L 291/38
EN
Official Journal of the European Union
20.10.2012
ANNEX III
Regulation of the Minister for Economic Affairs, Agriculture and Innovation of PM, no PM, amending
Uitvoeringsregeling visserij for the closure of areas to shrimp fishing and trawl fisheries in the Vlakte van de
Raan,
THE MINISTER FOR ECONOMIC AFFAIRS, AGRICULTURE AND INNOVATION,
Having regard to Articles 3, 4 and 6d of the Reglement zee- en kustvisserij 1977;
Decrees as follows:
Article I
The Uitvoeringsregeling visserij shall be amended as follows:
A
In Article 13, under b, the phrase ‘in the areas referred to in annex 3a and annex 5’ shall be replaced by ‘in the areas
referred to in annexes 3a, 3b and 5’.
The Article shall thus read:
Article 13
It shall be prohibited to fish with:
a. trawl nets with or without tickler chains in the Eastern Scheldt east of the Eastern Scheldt dam, and
b. trawl nets with tickler chains in the areas mentioned in Annexes 3a, 3b and 5.
B
In Article 35(1) under b, the phrase ‘in the areas referred to in annexes 3, 3a and 5’ shall be replaced by ‘in the areas
referred to in annexes 3, 3a, 3b and 5’.
C
In Article 35(1) under c, the phrase ‘in the areas referred to in annexes 3a en 6’ shall be replaced by ‘in the areas referred
to in annexes 3a, 3b and 6’.
Article 35 shall thus read:
Article 35
1. A licence within the meaning of Article 33 shall not be granted for:
a. Fishing in the area mentioned in annex 3;
b. Fishing with fishing gear fit for the catching of shellfish in the areas mentioned in annex 3, 3a, 3b and 5 and
c. Fishing with fishing gear fit for the catching of shrimps in the areas mentioned in annex 3a, 3b and 6.
2. By
way
of
derogation
from
the
first
paragraph,
introduction
and
part
b
of
this
Article,
a
licence
can
be
granted
for
fishing cockles without mechanical means in the areas mentioned in annex 5a.

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EN
20.10.2012 Official
Journal
of
the
European
Union L
291/39
D
The annex attached to this regulation shall be inserted after annex 3a, as annex 3b.
Article II
This regulation shall enter into force on the day following the day of its publication in the Official Gazette.
This regulation, the annex and the explanatory note shall be published in the Official Gazette.
THE MINISTER FOR ECONOMIC AFFAIRS, AGRICULTURE AND INNOVATION,
dr. Henk Bleker

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L 291/40
EN
Official Journal of the European Union
20.10.2012
Annex referred to in Article I, part D
Annex 3b. Indications of the areas in the Vlakte van de Raan, as part of Article 35(1).
I. Vlakte van de Raan, No 13
The area bounded by the line passing through the following coordinates:
N. Lat. E.
Long.
51 31
062
3 21
612
51 30
902
3 21
966
51 30
682
3 21
706
51 30
842
3 21
352
II. Vlakte van de Raan, No 14
The area bounded by the line passing through the following coordinates:
N. Lat. E.
Long.
51 33
004
3 16
858
51 32
806
3 17
157
51 32
618
3 16
839
51 32
818
3 16
537
III. Vlakte van de Raan, No 15
The area bounded by the line passing through the following coordinates:
N. Lat. E.
Long.
51 30
815
3 16
479
51 30
682
3 16
861
51 30
445
3 16
644
51 30
578
3 16
263
Explanatory note
1. Summary of the regulation
This regulation amends Uitvoeringsregeling visserij (hereinafter referred to as: the regulation). This amendment provides
for the closure of three areas in the Vlakte van de Raan for seabed disturbing fisheries to study the effects of shrimp
fisheries.

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EN
20.10.2012 Official
Journal
of
the
European
Union L
291/41
2. Background
In 2012 a study will be launched into the effects of shrimp fisheries on benthic life in the Voordelta, North Sea Coastal
Zone and Wadden Sea. The study aims to collect information to make an appropriate assessment in preparation of the
issue of shrimp fisheries permits from 2014.
The programme of this study requires some areas to be closed to all forms of seabed disturbing fisheries. These include
three 500 × 500 m (25 ha.) areas in the Vlakte van de Raan in the Westerscheldt estuary. The closure enables the conduct
of research into long-lived, vulnerable benthos species, the effects of shrimp fisheries on the seabed ecosystem and the
scope and composition of by-catch.
3. Notification
Seabed disturbing fishery activities must not take place in the three areas. This will affect both Dutch and foreign vessels
as two of the areas concerned (Nos 14 and 15) lie in the three to six-mile zone. In accordance with EU directives Belgian
and German vessels are allowed to conduct shrimp fishing in the above zone. In order to ensure that these research areas
are free of fishing activities the European Commission was notified of the amending regulation on …
4. Summary of the regulation
This regulation provides for the closure of three areas in the Westerscheldt estuary to shrimp and seabed disturbing
fisheries to enable the conduct of the required study into the effects of shrimp fisheries.
5. Regulatory burden
This regulation does not alter the administrative burden nor the compliance costs.
The three areas closed for research cover a total area of 75 hectares, which makes up around 0,4 % of the Natura 2000
Vlakte van de Raan site. The shrimp sector needs the outcome of this study to apply for a new licence under the Nature
Conservation Act from 1 January 2014. Neither the administrative burden nor the compliance costs are influenced. In
order to keep the effects on businesses’ sales to a minimum, the three areas were selected in consultation with the shrimp
sector and coordinated with environmental organisations. It can therefore be assumed that the option chosen is the least
burdensome. This regulation affects a maximum of 215 shrimp fishermen.
6. Fixed dates for changes
Following the Government decision to introduce fixed dates for changes in laws and regulations there are now four
possible dates a year for ministerial regulations to take effect, while regulations must be published at least two months in
advance. As the shrimp sector would benefit greatly from an early entry into effect of the regulation, it was decided to
derogate from these dates.
The areas need to be closed soon with a view to the study into the effects of shrimp fishing. The study must begin in the
summer of 2012 as the results of the first year of study are deemed necessary for the licence application as from 2014.
7. Notes to the articles
Article I
Parts A, B, C and D
The amendments made with this regulation are aimed at the closure of areas to shrimp fishing (parts B and C) and seabed
fishing (part A). The closure affects areas identified in the annex inserted by Part D.
The Minister for Economic Affairs, Agriculture and Innovation
H. Bleker

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