WRITTEN QUESTION E-1559/02

by Torben Lund (PSE) to the Commission

(3 June 2002)

Subject: By-catches of porpoise

I have written to the Commission on a previous occasion in relation to this matter but, unfortunately, the problems associated with the habitats directive do not appear to have been resolved.

What current initiatives has the Commission taken and what future initiatives will it take to reduce by-catches of porpoise in waters in which Member States conduct fishing operations which are known to result in unintentional by-catches of porpoise?

The Commissioner responsible for fisheries has previously written to Member States known to engage in fishing activities which result in unintentional by-catches asking, inter alia, for a report on how those countries have reduced or intend to reduce porpoise by-catches. What was the outcome of that inquiry and which countries, in the Commission's view, have now reduced by-catches to a level that can be said to be consistent with Article 12 of the habitats directive?

In connection with consideration of complaint P-99/4288, the Commission received a report from the then Danish Government containing the information that:

The Danish Government intends to reduce unintentional by-catches of porpoise in the North Sea and domestic Danish waters to less than 2 % by means of the following initiatives:

1. development and use of acoustic alarms in Danish fishing,

2. modifications to fishing gear (passive deterrents); and

3. regulation of fisheries in time and space.

The letter was a contributory factor in dissuading the Commission from initiating proceedings against Denmark. Will the Commission say whether the Danish by-catch has now been reduced to less than 2 % and what initiatives, to its knowledge, the Danish Government has taken to regulate fisheries in time and space and in domestic Danish waters?

Finally, how will the Commission ensure that the Member States comply with the obligations laid down in Article 12 of the habitats directive in terms of reducing unintentional by-catches to a level which does not have a significant negative impact on porpoise stocks?

Answer given by Mr Fischler on behalf of the Commission

(11 July 2002)

1. With regards to Commission initiatives to address by-catches of small cetaceans by fisheries, including the letter sent by the Commissioner in charge of Agriculture and Fisheries to the Member States on this issue, the Commission would invite the Honourable Member to refer to its recent replies to comparable questions, in particular questions E-0500/02 by Mr Martin(1) and E-1100/02 by Mr Tannock(2).

2. Notwithstanding the possible measures to be taken in a co-ordinated manner at the Community level by using management tools of the Common Fisheries Policy, the Commission will ensure a proper implementation of the Habitats Directive(3) by the Member States.

The Commission is now receiving the reports covering the first period of implementation of the Habitats Directive (1994-2000), drawn up following the provisions in its Article 17(1). The analysis of these reports, still in process, should provide the Commission with information on the measures established by Member States to fulfil the duties set up by the Habitats Directive as regards the strict protection afforded to cetacean species. Would the analysis of this information lead to the conclusion that there is a failure to comply with Community law protecting cetaceans, the Commission envisages taking appropriate initiatives.

3. While trials with passive deterrents have been inconclusive at this stage, the results of the testing of use of acoustic alarms (pingers) for porpoises carried out by Danish authorities seem to be highly promising. The use of such pingers has been made mandatory since 2000 by Danish Authorities in all Danish bottom set gillnet fishing in the North Sea in the period

August-October when net fleets up to 300 meters are used. This regulation applies in practice to wreck gillnet fishing, in which particularly high rates of by-catches had been observed. The Commission is not aware of any other Danish fisheries regulation that would address specifically by-catches of harbour porpoises.

(1) OJ C 229 E, 26.9.2002, p. 93.

(2) OJ C 309 E, 12.12.2002, p. 81.

(3) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.