WRITTEN QUESTION E-3382/00

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

(3 November 2000)

Subject: Criteria used by the Commission for allocating fishing opportunities

In its reply to priority Written Question P-2974/00(1) in which I enquired as to the criteria used by the Commission to set reference periods for the allocation of fishing opportunities, the Commission once more demonstrates, as on various occasions over recent months, its total contempt for the European Parliament, and particularly its monitoring of the executive by means, inter alia, of parliamentary questions. In view of the fact that the reply not only does not contain the slightest specific information on the matter raised, but also that it can only be interpreted as a further sign of the Commission's impertinence and arrogance vis-à-vis the European Parliament, I once again ask the Commission:

With regard to the key question of the setting of reference periods, which could mean the loss of significant fishing opportunities for certain fleets, together with the loss of income that this entails, will the Commission state whether this is a purely discretional matter that is decided on at whim on a case-by-case basis? Are there any objective criteria in this area, as could be inferred from the Commission's previous reply?

Likewise, are the historical maximum years included in these reference periods on the basis of specific criteria, or according to the nationality of the fleet which stands to benefit?

If it is the case that the Commission has complete discretion in this area, does it not agree that in order to create a minimum of transparency with regard to the parties concerned, there is no reason not to make public the criteria on which its decisions are based?

(1) OJ C 113 E, 18.4.2001, p. 223.

Answer given by Mr Fischler on behalf of the Commission

(22 December 2000)

Decisions on reference periods are, in principle, purely at the discretion of the Commission when the latter is drawing up its proposal. However, the Commission's discretion is constrained by the fact that attempts are always made to reflect historical performance by each Member State concerned in a rational and equitable manner. In most cases, the reference period refers to the last five or ten years for which data on landings or fishing effort are available. Obviously, the choice of reference period may result in apparent advantages to one or more Member States to the apparent detriment of others. If historical performance by each Member State has remained stable or approximately so within the reference period, there is little problem. However, many track records are highly variable from year to year within each or some Member States. This gives rise to greater and sometimes insuperable problems in finding an equitable solution on the basis of the available data alone. In such cases the Commission uses its discretion to propose what it hopes will be an acceptable solution.

On at least one occasion, the Commission proposed a reference period of ten years and derived an allocation system on this basis, but deviated from a straightforward presentation of the ensuing result to permit recognition of historical fishing activities thirty years previously by one Member State.

Within any chosen reference period, there will always be at least one year of maximum value. Such historical maximum years are de facto included in the data indicating track record in any reference period. If, therefore, the Commission proposal for allocation of fishing opportunities is based on an average of the track record, across the reference period, such an historical maximum for each Member State will be included when computing such an average. Rather than a being a specific criterion, inclusion of such an historical maximum is simply a consequence of the arithmetic procedure involved in computing an average value. Of course, this does not mean that the universal historical maximum value for a Member State will necessarily be included in or excluded from the chosen reference period.

On some occasions, the Commission has proposed that only the historical maximum for each Member State within the chosen reference should be considered. This concept was considered acceptable by Council. The Commission never includes a historical maximum year within a reference period according to the nationality of the fleet which stands to benefit.

The proposals of the Commission put before Council are accompanied by full information, sometimes verbal and sometimes written, of the methodology by which the proposal was derived. Ministers are at liberty to pass this information to citizens of their respective Member States. The Commission would have no problems in offering the same information to Parliament. The Commission is always prepared to consider changes to its proposal in the light of comments from Council.