EN Official Journal of the European Union CE 84/550

(2004/C 84 E/0628)

WRITTEN QUESTION E-0212/04

by Simon Murphy (PSE) to the Commission

(30 January 2004)

Subject: Driftnets

Is the Commission aware that despite the EU ban on illegal driftnetting, on 27 March and 4 April 2003 the Italian Ministry of Agriculture and Forestry issued two decrees which allow fishers who have converted their ‘spadare’ driftnets (wide mesh driftnet used almost exclusively for swordfish) into ‘ferrettare’ (a smaller mesh driftnet) to add a ‘reta da posta fissa’ (a net that is launched and then sits there waiting for fish to get entrapped) not longer than 5km to their current gear, provided that they acquire an additional licence?

The Italian fishing industry has praised these decisions, while there has been strong opposition from environmentalists and the media.

There is also growing evidence that some Italian fishing vessel owners have created fishing cooperatives in Mediterranean countries outside the EU in order to continue their driftnet fishing undisturbed.

Would the Commission please provide details of its discussions with the Italian Government on these decrees and other concerns, and what action it plans to take to ensure full enforcement of the EU ban on driftnetting?

Answer given by Mr Fischler on behalf of the Commission

(10 March 2004)

Community law prohibits only the use of driftnets targeting a certain group of highly migratory species listed in the Annex VIII of Council Regulation (EC) No 894/97 (1) as it was last modified by Council Regulation (EC) No 1239/98 (2); other driftnet fisheries are therefore permitted.

In 1995, Italy reorganized and rationalized the use of various fishing gears within a new system of fishing licences. Under the collective term of ‘Ferrettara’ different traditional driftnet fisheries were classified using mesh sizes smaller than 180 millimetres (mm) and, therefore, not targeting swordfish or albacore. Since then, both a phasing out process and further regulatory actions for small mesh size driftnets has been undertaken to comply with the Community law.

Nowadays, the ‘ferrettara’ is regulated to comply with the list of species of Annex VIII and can operate only with a mesh size smaller than 100 mm, with a maximum length of 2,0 kilometres (km) and at a distance of the coast shorter than three nautical miles. Its regulation is in line with Community law.

The reduced economic profitability of fishing vessels having only a fishing licence for the ‘ferrettara’ has led the Italian authorities to provide them with authorisation to use an additional fishing gear category which should allow them to extract their livelihood from the sea.

The overall height limitation of four metres for these bottom set nets should prevent circumvention of the law regulating the use of driftnets.

The Commission is not aware of any Italian fishing vessel owner that has created fishing cooperatives in other countries than EU Mediterranean countries.

However, Article 1 of Council Regulation (EC) No 2371/2002 (3) may make it possible to extend, under certain conditions, the application of the provisions of the common fisheries policy to activities practised by nationals of Member States.

The Commission will continue to monitor the proper implementation of, and compliance with, Community legislation through its inspection service.

(1) Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources, OJ L 132, 23.5.1997.

(2) Council Regulation (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources, OJ L 171, 17.6.1998.

(3) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, OJ L 358, 31.12.2002.