WRITTEN QUESTION P-3509/01

by Chantal Cauquil (GUE/NGL) to the Commission

(12 December 2001)

Subject: Additional information on the death of dolphins in Community waters

The Commission's reply to written question P-3070/01(1) prompts the following comments and questions:

- On the Member States' obligation to monitor incidental captures of dolphins:

- Despite the death of several thousand dolphins every year, the Member States have taken no action to set up a system for monitoring the incidental capture and killing of dolphins. As a result, it has not been possible for them to take any research or conservation measures.

- The Commission should monitor the fulfilment of the Member States' obligations. If the Member States are unable to supply evidence that they are carrying out this monitoring, can the Commission officially determine that Community law has been broken and take the necessary steps to ensure that its directives are applied?

- On the role of different fishing methods in the incidental capture of dolphins:

- The scientific community is in agreement in identifying pelagic trawls as the main culprit in incidental captures of dolphins. Xavier le Pichon (Member of the Institute and former President of Ifremer, the French Research Institute for Exploitation of the Sea) and Jean Aubouin (Member of the French Academy of Sciences and former head of Ifremer's Scientific Council) have strongly condemned this type of fishing gear. In addition, the Commission has funded about twenty studies which have all reached the same conclusion.

- Why, despite this scientific unanimity, does the Commission continue to subsidise the large fishing vessels responsible for this ecological disaster?

- On the Commission's responsibilities:

- It is clear that the use of pelagic trawls in Community waters comes within the European Union's sphere of responsibility.

Would the Commission be prepared to amend Regulation (EC) No 894/97(2) to ban the use of pelagic trawls?

The Commission should bear in mind that this regulation has already been amended to ban the use of drift-nets from January 2002, as this has been linked to by-catches of unintended species, such as dolphins; there is, however, a significantly stronger connection between pelagic trawls and such by-catches.

(1) OJ C 115 E, 16.5.2002, p. 222.

(2) OJ L 132, 23.5.1997, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(15 January 2002)

On the obligation to monitor incidental catch of dolphins:

- The Commission is not in a position to determine if Member States have fulfilled their obligations to set up systems to monitor incidental catches of dolphins, since such information has not been submitted by the Member States. There are indications that monitoring exist since some data is being submitted to scientific fora for discussion. According to the provisions of Article 17 of Council Directive 92/43/CEE of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1) (Habitats), as implemented through working plans decided by the Habitats Committee, Member States had to report to the Commission on the implementation of the provisions of the Directive, including the issue raised by the Honourable Member, by 30 September 2001, but several Member States failed to do so. During the Habitats Committee of 30 November 2001, the Commission drew the attention of Member States to the need to submit their reports to the Commission at the earliest possible date.

On the role of different methods in the incidental catch of dolphins:

- The Commission is unaware of any validated scientific agreement that pelagic trawls are the main contributors to deaths of dolphins and to what extent the use of this fishing gear puts their populations at risk; this is precisely the kind of information which is so far missing from the scientific community.

- Moreover, although some Member States subsidise the building of fishing vessels using national and Community funds, it is not always pre-determined whether these vessels will use pelagic or bottom trawls all their life time. Vessels can change gear with relatively minor modifications. The Commission is not therefore in a position to guarantee that a given newly-built vessel will or will not use pelagic trawls.

On the Commission's responsibilities:

- The Commission is prepared to propose the amendment of legislation on fishing gears on the basis of the best available scientific information, and taking into account the risks for populations of sensitive species. The Commission is in particular prepared to contribute to international efforts to conduct responsible fisheries, as it was the case for driftnets, and whenever similar concerns are raised by the international fishing community on any other fishery, including pelagic trawling.

(1) OJ L 206, 22.7.1992.