WRITTEN QUESTION E-2795/01

by Carmen Fraga Estevez (PPE-DE) to the Commission

(9 October 2001)

Subject: Use of thonaille nets to catch migratory species

The Commission report on the application of Community legislation on the use of drift nets in 2002 has again drawn attention to the practices of certain Community fishing fleets which raise a series of questions as regards compliance with said legislation and as regards progress made by certain Member States with a view to the definitive prohibition of such nets as of 1 January 2002. The situation in the Mediterranean appears to be particularly worrying. In this connection, the Commission report describes the activities of a small French fleet which uses the thonaille to catch bluefin tuna and sword fish. According to the report, France has provided very little data concerning the activities of this fleet said to number 109 vessels, arguing that it considers this type of gear to be small-scale in nature and therefore that it cannot be considered to be a drift net, a view which the Commission does not share.

Given that the Commission acknowledges that under-size tuna has been landed, that France has not carried out checks on the thonaille fleet and that it has launched a national study aimed at establishing it as an alternative to drift nets:

- What is the Commission's view of thonaille fishing and its impact on the fishing of tuna and swordfish in the Mediterranean?

- What measures does the Commission intend to take in order to ensure that France provide the information which it has failed to provide thus far concerning the fishing activity, landings, number of vessels operating and inspections and checks on the thonaille fleet?

- What measures does the Commission envisage with regard to the banning of this type of fishing gear as of 1 January 2002 in accordance with Community legislation?

Answer given by Mr Fischler on behalf of the Commission

(12 November 2001)

The Commission considers the thonaille as a driftnet targeting species included in Annex VIII of Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources(1), as modified by Council Regulation (EC) No 1239/98 of 8 June 1998(2). Therefore its use must be banned by 1 January 2002.

This position has been regularly notified to the French administration, which has been requested to inform the Commission on the measures taken to ensure compliance with the Regulation (EC) No 1239/98.

France has always reiterated its view that the thonaille is not a driftnet subject to Regulation (EC) No 1239/98. As it was stated in the Commission's report, France has never set up any national control programme on the thonaille and, therefore, the Commission has not been in a position to control this fishing system.

Although the impact of the thonaille on bluefin tuna and swordfish resources cannot be evaluated, the Commission report does not acknowledge that under-sized fishes are captured by that gear. However, the poor diagnose of bluefin tuna stocks, as delivered by International Commission for the Conservation of Atlantic Tunas (ICCAT), indicates indirectly that the catch of juveniles and of undersize specimens, which could be quite important under certain conditions of operation of the thonaille, might not be in line with the conservation of the stock.

Compliance with regulations in the fishing sector, as well as sanctions in case of infringement, are of the responsibility of the Member State. The Commission cannot act directly on fishermen to impose compliance with Regulation (EC) No 1239/98.

As from 1 January 2002 the Commission will take the necessary steps to verify that France adequately enforces Community legislation banning the use of driftnets on highly migratory species. If not, the available infringement procedures will be applied against the Member State.

(1) OJ L 132, 23.5.1997.

(2) OJ L 171, 17.6.1998.