WRITTEN QUESTION E-1107/96 by Marie-Paule Kestelijn-Sierens (ELDR) to the Commission (13 May 1996)

Subject: Fishery controls

In some Member States there is only one body responsible for monitoring and conducting checks on fisheries, while in others several public bodies are involved. In some countries, including Belgium, there is a further breakdown of responsibilities between central government and the regional authorities. Furthermore, Belgian fishermen maintain that Belgium complies strictly with the quotas but that not all other Member States do so.

What action is the Commission intending to take to standardize and harmonize the various national forms of monitoring and controls on fisheries? In particular, are the frequency of checks and the level of penalties for infringements greater in Belgium than in other Member States?

Answer given by Mrs Bonino on behalf of the Commission (10 June 1996)

Each Member State is responsible for monitoring fishing activities conducted on its territory and in the waters under its jurisdiction as well as the fishing activities outside Community waters of the vessels flying its flag. Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy ((OJ L 261 of 20.10.1993. )) sets out a uniform system of control, monitoring and enforcement throughout the Community in which the Member States are required to participate within the framework of their own control systems.

The Commission is well aware of the structural differences between the individual control and monitoring systems of Member States and of the impact of these differences both on the quality and frequency of control conducted by national authorities. The question of the quality of control in Member States and, in particular, divergencies in national control systems has been addressed by the Commission, inter alia, in its report on 'Monitoring the common fisheries policy' ((COM(96) 100. )). Such divergencies are the result of national administrative structures which have evolved over time. The Commission for its part will ensure that Member States fulfill their control and monitoring obligations effectively in line with existing Community legislation and do not discriminate in their application of Community law. The Commission will also continue to assess the efficiency of national control systems.

In its report cited above the Commission expressed concern that controls carried out by Member States still fall a long way short from what could be expected. In many cases, the national authorities do not have the necessary means to carry out their tasks. In order to improve the overall control and monitoring infrastructure, the Council approved last year Decision 95/524/EC ((OJ L 301 of 14.12.1995. )) providing for a Community financial contribution of 205 MECU towards certain expenditure incurred by Member States implementing the monitoring and control systems applicable to the common fisheries policy over the next five years.

The Commission encourages Member States to impose fines which deprive those responsible of the economic benefit of the infringements in the area of fisheries, or produce results, proportionate to the seriousness of such infringements, which discourage further offences of the same kind. This question is also addressed in the above report which highlights the great importance the Commission attaches to enhanced cooperation between Member States in the area of enforcement.