Netherlands faces court as pressure to end bottom trawling in marine protected areas mounts

  • Environmental NGOs are filing a lawsuit in a Dutch court over bottom trawling [1] in the Dogger Bank marine protected area (MPA) in Dutch waters
  • Legal experts flag a systemic lack of protection of EU MPAs
  • A win would send a strong signal to EU institutions and other Member States to respect EU conservation laws and protect vulnerable marine species and habitats

Environmental NGOsClientEarth,Doggerland Foundation,Blue Marine Foundation andARK Rewilding are filing legal action against the Dutch government, challenging bottom trawling that has been authorised in the Dogger Bank in violation of EU conservation law.

It’s the latest in a string of similar challenges in EU Member States, as countries fail to stick to legal marine protection obligations.

The Dogger Bank, despite its severely degraded state, is often referred to as the ecological heart of the North Sea. It spans the UK, Dutch, German and Danish waters. This iconic area supports endangered, threatened and protected species. [2]

Bottom trawling is notorious for its destructive environmental impact on marine habitats. Weighted nets are dragged along the seabed to catch species like cod and flatfish. It causes habitat destruction and is a disaster for the ocean’s crucial role in storing carbon.

The UK government has already recognised the legal and ecological need to protect the Dogger Bank by closing it in its entirety in UK waters to fishing with bottom towed gear. By contrast, EU countries are blatantly lagging behind and have refused to agree measures of equal standard for the rest of the Dogger Bank in EU waters.

EU law forbids damaging human activities in certain MPAs. [3] But the Dutch government is flouting those laws by systematically allowing bottom trawling in the Dogger Bank. Another lawsuit was launched last year against the German government, for failure to protect the German part of the area.

Emilie Reuchlin, founder and director of Doggerland Foundation: “The Dogger Bank serves as the nursery for the whole North Sea ecosystem. Protecting this area is vital to restore the exhausted, degraded and polluted North Sea. It is a much needed first step into turning it into a functioning and thriving sea, upon which our lives and societies depend.”

John Condon, marine conservation lawyer at ClientEarth, said: “Marine Protected Areas should be sanctuaries, not grounds for destructive fishing practices. These zones are meant to safeguard vulnerable ecosystems, yet the Netherlands is flouting EU marine protection rules. That’s why we’re taking the issue to court – we want to ensure that ‘protected’ truly means ‘protected’.”

Dr Tom Appleby, Chief Legal Affairs Adviser to Blue Marine Foundation said: “The Netherlands has long-standing commitments under European and international law to protect the Dogger Bank from harmful human activities. The site was designated in 2009 and protection should have started even before that. There has been plenty of time to plan for its restoration.”

Earlier this year, the NGOs filed an administrative request to demand that the Netherlands revoke fishing permits allowing bottom trawling in the Dogger Bank MPA. Their request was rejected, so they have now escalated the claim by filing a lawsuit with the administrative court in the Hague.

NGOs have also called for the EU to take ambitious actions and provide stronger financial support to ensure a just transition to a low-impact and sustainable blue economy, which would benefit activities such as fishing and enable thriving coastal communities not only in the Netherlands but across the EU.

Given that other Member States are still allowing bottom trawling in Marine Protected Areas, a positive court ruling could have far-reaching consequences for MPAs across the EU and for marine conservation objectives.

Last year, ClientEarth and BLOOM, supported by the Med Sea Alliance, filed a separate lawsuit against France for allowing bottom trawling in Mediterranean MPAs. ClientEarth and Oceana, supported by Seas At Risk [4], also filed a lawsuit against Spain for allowing bottom trawling in Atlantic and Mediterranean MPAs.

According to new research, over 80% of MPAs are currently deemed ineffective because they provide only marginal protection against destructive industrial activities such as bottom trawling.

Greece and Sweden have announced they will ban or strongly restrict bottom trawling in their marine protected areas, and the Scottish government has proposed bottom trawling bans in 20 MPAs.