WRITTEN QUESTION P-1537/99 by Carmen Fraga Estévez (PPE-DE) to the Commission. Compliance with Regulation (EC) 1239/98 outlawing fishing with driftnets.
Date: 1999-09-01
Institutions: European Parliament, Provisional data
Subjects: application of EU law, fishing controls, fishing fleet, fishing net, fishing regulations

20.6.2000

EN

Official Journal of the European Communities

C 170 E/33

Reply

(2 December 1999)

The Council would remind the Honourable Member that the Treaty of Amsterdam confirmed that
consumer policy is an area to which the European Community can and must bring added value.
Article 153(1) of the Treaty establishing the European Community defines the Community(cid:146)s objectives in
that connection, in particular having regard to its links with health policy and with promoting the right of
consumers to information.

In that context, and more particularly with respect to the questions raised, the Council would inform the
Honourable Member that Regulation No 258/97 applies to foods and food ingredients placed on the
market before it entered into force only if they (cid:145)have not hitherto been used for human consumption to a
significant degree within the Community(cid:146)
In such cases, the initial
assessment procedure laid down in Article 6 applies.

(Article 1(2) of the Regulation).

It is for the Commission, and more particularly the Standing Committee for Foodstuffs (cf. Article 1(3) of
the Regulation), to determine by committee procedure whether a type of food or food ingredient falls
within the scope of the Regulation, and to lay down (in principle on a case-by-case basis) the qualitative
criteria attached to each such type of food or food ingredient in order to determine whether it is covered
by the Regulation.

It should also be emphasised that Article 1 of Regulation No 258/97 makes no distinction between foods
and food ingredients, and this applies in particular when it comes to identifying the content and scope of
approval in the Member State concerned.

Finally, the Council would suggest that the Honourable Member contact the Commission directly regarding
those questions which have not been answered, as they are within its field of competence.

(2000/C 170 E/033)

WRITTEN QUESTION P-1537/99

by Carmen Fraga EstØvez (PPE-DE) to the Commission

(1 September 1999)

Subject: Compliance with Regulation (EC) 1239/98 outlawing fishing with driftnets

Regulation (EC) 1239/98 of 8 June 1998 (1) amending Regulation (EC) 0894/97 laying down certain
technical measures for the conservation of fishery resources outlaws the use of driftnets by Community
vessels, as of 1 January 2002. Nonetheless, the Regulation authorises the phasing-out of driftnets as of
1998: Article 1(3) states that in 1998 the maximum number of vessels which may be authorised by a
Member State to carry on board or fish with one or more driftnets shall not exceed 60 % of the number of
vessels which used one or more driftnets over the period 1995-1997. The second fishing season for the
longfinned tuna (Thunnus alalunga) since the Regulation came into force has already started.

In view of this, does the Commission consider the situation to be satisfactory as regards the two fishing
seasons thus far? What is the Commission(cid:146)s evaluation of the degree of compliance with the Regulation by
the fleets concerned?

(1) OJ L 171, 17.6.1998, p. 1.

(2000/C 170 E/034)

WRITTEN QUESTION E-1561/99

by Carmen Fraga EstØvez (PPE-DE) to the Commission

(1 September 1999)

Subject: List of vessels that have stopped using drift-nets in compliance with Regulation (EC) 1239/98

Council Regulation (EC) 1239/98 (1) of 8 June 1998 amending Regulation (EC) 0894/97 laying down
fishery resources, bans the use of drift-nets by
certain technical measures for the conservation of