Opinion on the proposal for a Council Regulation (EC) laying down certain monitoring measures applicable to fishing activities carried out in the waters of the Baltic Sea, the Belts and the Sound

(96/C 39/16)

On 20 October 1995 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Economic and Social Committee decided to appoint Mr Kallio as Rapporteur-General for its Opinion.

At its 330th Plenary Session (meeting of 22 November 1995), the Economic and Social Committee adopted the following Opinion unanimously.

1. Background

1.1. The Council approved the accession of the Community to the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea by its Decision No 83/414/EEC.

1.2. Under the said Convention, the International Baltic Sea Fishery Commission is competent to make recommendations on fishing in the Baltic Sea.

1.3. At its twentieth session held in Gdynia from 12 to 16 September 1994, the Baltic Sea Fishery Commission adopted recommendations which require the EU Commission to lay down certain additional monitoring measures applicable to fishing in the Baltic Sea.

These measures relate to:

1.3.1. the forwarding to the Commission of a list of the Community fishing vessels fishing for cod;

1.3.2. the monthly notification to the Commission of the landings made by each individual fishing vessel flying the flag of a Member State or of the other Contracting Parties to the Baltic Convention;

1.3.3. the ban on the transshipment of cod caught in the Baltic in the absence of monitoring by the authorities;

1.3.4. the ban on the landing or transshipment of catches taken by vessels flying the flag of another Contracting Party after the national quota has been used up.

1.4. Council Regulation (EEC) No 2847/93 established a control system applicable to the EU common fisheries policy. The Council must now take a decision on the new, additional monitoring measures recommended by the Baltic Sea Commission which will be binding on all EU Member States.

1.5. The Community has a particularly key role to play in controlling Baltic fishing as around 70 % of Baltic region fishing waters are within the EU. The proposed rules are necessary for the Community to fulfil its obligations with respect to the Baltic Sea Fishery Commission.

2. General comments

2.1. The ESC endorses the general principles of the Council draft Regulation.

2.2. The ESC notes that the Baltic Sea Commission's recommendations have already been implemented in practice over the past year. This being the case, the EU's administrative decisions are being taken after the event. The reason for the delay is simply lack of resources at the EU Commission.

2.3. The Committee feels it is important that the Baltic Sea Commission's recommendations should be strictly observed not only in EU Member States, but also, of course, in other countries which are party to the Baltic Sea Convention.

2.4. The Committee has no comment on the scope of the proposed Regulation as set out in Article 1.

2.5. The systematic registration of all vessels fishing for cod (Articles 2 and 3) and the constant updating of the register will give the contracting parties a real ability to monitor and control fishing. Using this system the Baltic Sea Commission and the states which it represents will now be able to monitor fishing. To achieve this aim, the authorities in the Convention states must have sufficient resources to carry out monitoring.

2.6. The Committee broadly endorses the arrangements for landing declarations set out in Articles 4 and 5. However, the ESC acknowledges that some of the countries concerned may have difficulty implementing the provision whereby they are required to notify the Commission of landings in respect of each vessel. The Commission should bear this in mind.

2.7. The ESC feels it is important to continue with the current reporting procedure with regard to information on the vessels referred to in Article 5 to ensure a rapid and effective flow of information on the landings of another country's vessel.

2.8. The Committee welcomes the obligation laid down in Article 6 to inform the authorities of any transshipment. This will prevent illegal fishing carried out by transferring catches to a neighbouring country's ships.

2.9. The ESC approves and recognizes the need for the proposed ban on landings or transshipments of catches once quotas have been used up.

2.10. The ESC is particularly interested in the principles behind the division of responsibilities in the present Regulation. It is particularly important that the EU Commission's obligations and those of the Baltic Convention are fulfilled exactly and fairly. At the same time the Committee would emphasize the national responsibility of Member States to carry out their monitoring duties to the full.

3. Specific comments

3.1. The Committee suggests changing Article 5(1) to read as follows:

' ... shall notify the Baltic Sea Fishery Commission, the EC Commission and the relevant Contracting Party of the Baltic Convention on Fishing, by the fifteenth of each month in respect of the previous month's catches and ...'.

Done at Brussels, 22 November 1995.

The President

of the Economic and Social Committee

Carlos FERRER