WRITTEN QUESTION E-1052/00

by Brigitte Langenhagen (PPE-DE) to the Commission

(4 April 2000)

Subject: EU Regulation 850/98: monitoring compliance with the provisions laid down in Title III, Article 29 (maximum engine power of 221 kW)

In order to protect flatfish stocks EU Regulation 850/98(1) makes provision for boxes within which the maximum engine power that may be used by fishing vessels is 221 kW. Germanic Lloyd has, however, stated that despite controls on and the sealing of engines, all types of engine and particularly those fitted with electronic injection devices can be manipulated to increase the engine power over the maximum permitted.

In view of the above, will the Commission say:

1. Does it consider the controls on engine power to be sufficient, although there are indications that engines can be manipulated, despite being sealed?

2. Does it agree that technical rules (for instance, the number of chains placed in front of the nets) can be monitored more easily and more rapidly and are less open to manipulation and can contribute just as much to conserving stocks?

3. How is it monitoring the control measures and with what success and what measures are provided to eliminate shortcomings?

(1) OJ L 318, 27.11.1998, p. 63.

Answer given by Mr Fischler on behalf of the Commission

(12 May 2000)

1. The Commission is fully aware that engine power can be manipulated in numerous ways and that, therefore, control of engine power will probably never be fully sufficient. Nevertheless, legislation setting an upper limit on engine power for beam trawlers is required and is provided by Article 29 of Council Regulation (EC) 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(1).

2. Technical rules can, perhaps, be monitored more easily and more rapidly. However, if the limit on engine power were to be completely replaced by such rules, there would be no limit on the size and power of vessels permitted to enter the so-called plaice box. In effect, therefore, the plaice box would cease to exist and hence conservation effects on young place would either be much diluted or negated. The Commission would be willing to consider technical measures such as those suggested by the Honourable Member to be additional to constraints on engine power.

3. It is the responsibility of Member States to monitor and enforce the measures laid down in Community law. Should a Member State find a vessel in contravention of the conditions laid down, it is for that Member State to take the appropriate legal action. It is unfortunate that Member States, in some instances, have not pursued certain possibilities available to them, for example fuel consumption by individual vessels, to check on possible deviations from the legal requirements.

The Commission's inspectorate has the role of ensuring that Member States fulfil their responsibilities in an appropriate manner. The Commission has conducted a number of investigations into this topic in recent years as a result of which the Commission suspects, but cannot definitively prove, that shortcomings exist. To eliminate these shortcomings it is necessary to consider ways by which engine power may be measured in a consistent manner throughout Member States and also to recall that between Member States there is considerable divergence in legal interpretation of conditions defining engine power.

The Commission is taking steps to promote the development of a European standard on measurement of marine engine power and may subsequently propose making the use of such a standard mandatory by Community legislation.

(1) OJ L 125, 27.4.1998.