WRITTEN QUESTION E-0433/02

by Rijk van Dam (EDD) and Albert Maat (PPE-DE) to the Commission

(21 February 2002)

Subject: Requirement for fishing vessels flying the Belgian flag to have an economic link

By Royal Decree of 3 February 1999, the Belgian Government laid down a requirement for fishing vessels flying the Belgian flag to have an effective economic link with the coastal region of Belgium. In practice, this means that either a minimum of 50 % of the crew must come from the Belgian coastal region or a substantial proportion of the catch must be landed at Belgian ports or sold through Belgian auctions.

The Belgian Government notified the Commission of this decree at the draft stage, and the Commission approved it, as its provisions accorded with the judgment given by the Court of Justice of the EC recognising the right of Member States to require that vessels flying their flag should have an effective economic link with the Member State concerned.

On the other hand, the Court of Justice ruled against the imposition of requirements to use local auctions and to take on local crew members. Moreover, the Commission has taken action against a requirement by Dutch quota management groups that their members sell their catches at Dutch fish auctions.

In its answer to previous questions (E-2205/00 and P-2236/00)(1), the Commission said that it would keep Parliament informed about the processing of a complaint by Dutch ship-owners about the above requirement. So far (18 months on) the Commission has not given the European Parliament any information about how this complaint is being dealt with.

1. Why has the Commission failed to do this? What stage has the complaint procedure reached, and what action does the Commission intend to take as a result of it?

2. What is the Commission's policy on the imposition of national auction requirements? Does the Commission differentiate between auction requirements in the light of whether they are imposed nationally or privately? If so, why, and if not, why are Dutch quota management groups being treated differently to the Belgian authorities?

(1) OJ C 89 E, 20.3.2001, p. 160.

Answer given by Mr Fischler on behalf of the Commission

(11 April 2002)

The complaint in question was made to the Commission by a group of owners of fishing vessels flying the Belgian flag. The Commission is still dealing with it.

Member States are entitled to require vessels flying their flag to have an effective economic link with their coast. The complaint is over Belgium's application of this requirement. A vessel owner may choose several different ways (or a combination of ways) of meeting this requirement: residence of a significant part of the crew in the coastal area, landing and/or sale of a determined proportion of catches in the Member State's ports, departure of a significant percentage of the fishing trips from the Member State's ports with purchase of the vessel's supplies in them, etc. The Court of Justice has by its decisions set limits to the scope of such rules so that Community law is not infringed.

In its first assessment the Commission considered that the requirement was being applied by Belgium in a way that did in fact infringe Community law. On 11 April 2001 it formally notified Belgium by letter of this finding.

The Belgian authorities communicated their observations in a letter of 15 June. The Commission was due to decide what follow-up action it wished to take when examining the second half-yearly report on infringements for 2001. On 5 October 2001 it received from Belgium a letter containing further observations to which were attached very recent judgments by the Belgian courts relating to the matter in dispute. It thought it important to analyse this additional information, which meant that a decision could not be taken in the course of examining the second report for 2001.

Consideration of the case has therefore been deferred to the first report for 2002, i.e. to July 2002.

The Commission adopts the same approach to obligations imposed by public authorities and by private groupings. Its task is to watch over respect for Community law and it strives to bring about the cessation of detected infringements whatever the status of the offender. In these functions it is subject to rules of procedure set by the EC Treaty and the secondary legislation.

It is this spirit that has informed two separate procedures, initiated by different Commission Directorates-General, one concerning the effective economic link problem mentioned above and the other the requirement imposed on Dutch fishermen by their management groups to sell all their catches at Dutch auction markets. Each procedure has been in line with the relevant provisions, in the case of the former those of Article 226(2) of the EC Treaty and in the case of the latter the specific provisions of Article 81 of the Treaty on agreements between undertakings and concerted practices. That procedure has now been closed following the management group's withdrawal of the obligation to sell at Dutch auction markets but the first procedure is still in progress.

The Commission will inform the Honourable Members of the position it adopts.

The Commission publishes recent infringement decisions on the Europa site: http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm

infringements. The information is regularly updated, notably following each periodical report on confirmed and possible infringements.