WRITTEN QUESTION P-2481/99 by Carmen Fraga Estévez (PPE-DE) to the Commission. Interpretation of the number of vessels which should have abandoned the use of drift nets in compliance with Regulation (EEC) No 1239/98.
Date: 1999-12-16
Institutions: European Parliament, Provisional data
Subjects: EC Regulation, fishing net, fishing regulations, fishing vessel, interpretation of the law, sea fish

1.8.2000

EN

Official Journal of the European Communities

C 219 E/173

Answer given by Mrs Reding on behalf of the Commission

(28 January 2000)

A draft Commission Decision on the (cid:145)provisions relating to the responsibilities of the Member States and
of the Commission vis-(cid:224)-vis the national agencies(cid:146) has been prepared and will shortly be submitted to the
College for adoption. This instrument aims to establish a single Community framework for implementing
the three Community action programmes in the fields of education, vocational training and youth for the
the
period 2000-2006.
Commission and of the countries participating in the programmes involving the national agencies.

lays down the principles concerning the responsibilities of

In particular,

it

The instrument indicates clearly that the national agencies will be created and appointed by the authorities
in the participating Member States, as the Commission has no jurisdiction in this area. While it is true that
the Commission encourages Member States to set up a single national agency, the decision concerning the
number of agencies and the form they take remains fully within the competence of the participating
Member States.

Moreover, the particular institutional characteristics of Belgium, in particular the fact that the areas relating
to the programmes fall exclusively within the competence of the federal bodies, have been fully recognised,
and an explicit derogation has been provided in the text.

In view of these facts, if the Honourable Member would like further information concerning the future
organisation of the agency or agencies in Belgium, he should contact the Belgian representatives in the
programmes(cid:146) committees, who are appointed by the national authorities. The Directorate-General for
Education and Culture will be happy to provide the addresses of the members of the committees.

(2000/C 219 E/221)

WRITTEN QUESTION P-2481/99

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

(16 December 1999)

Subject: Interpretation of the number of vessels which should have abandoned the use of drift nets in

compliance with Regulation (EEC) No 1239/98

the Commission insists that

In its reply of 23 November 1999 to question 2067/99 (1) on compliance with Regulation (EEC)
No 1239/98 (2),
the said Regulation is being complied with, since in
monitoring compliance it is taking account of all vessels which used one or more drift nets, albeit for
only one spell at sea, in each of the years of the period in question, namely 1995-97. This interpretation, if
correct, would imply that only 60 % of all the vessels which fished in the aforementioned three-year period
would have been eligible to fish in 1998. The number of vessels authorised to fish in 1998 would thus be
appreciably higher than the actual number which, according to the Commission(cid:146)s own figures, fished in
the year in which the ban was established.

Can the Commission say, then, whether the literal meaning of the Regulation can distort the resolve of the
legislator B which was to eliminate one form of fishing gear gradually B with the result that it is bringing
about an increase in the fleet using the said gear rather than the reduction sought?

However, should both this interpretation and, as the Commission reply suggests, the use of the average
number of vessels which fished in the 1995-97 reference period as the basis for calculation prove
incorrect, can the Commission explain how it is interpreting Article 1(1) of Regulation No 1239/98
(Regulation (EC) No 894/97, Article 11a(3)) and is thus able to affirm that the Regulation is being
complied with?

See page 82.

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

C 219 E/174

Official Journal of the European Communities

EN

1.8.2000

Answer given by Mr Fischler on behalf of the Commission

(5 January 2000)

In accordance with Article 11a(3) of Regulation (EC) No 894/97 as amended by 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 (1), every vessel which used driftnets during the reference period
set in that Regulation must be taken into account when compliance with the 60 % percentage provided for
in paragraph 3 is checked.

The Commission has no information to suggest that the rules made explicit in the above Regulations have
been infringed. It should also be borne in mind that the article referred to provides for the use of driftnets
in tuna fishing to be abolished from 1 January 2002. The elimination of this form of gear is thus
guaranteed.

(1) OJ L 171, 17.6.1998.

(2000/C 219 E/222)

WRITTEN QUESTION E-2490/99

by Robert Evans (PSE) to the Commission

(16 December 1999)

Subject: Transport of live animals

Article 13 of Council Directive 91/628/EC (1) as amended by Council Directive 95/29/EC (2) on the
protection of animals during transport requires the Commission to submit a report to the Council,
possibly accompanied by proposals, before 31 December 1999.

Does the Commission plan to submit the report by the due date and, if not, when does it intend to submit
it?

There is clear evidence that long journeys lead to very poor treatment and, in some cases, to high levels of
mortality of animals. In the light of this, will the Commission, when submitting proposals under Article 13
of Council Directive 91/628/EC, propose that the transport of live farm animals should, where practicable,
be replaced by a trade in meat and carcasses?

(1) OJ L 340, 11.12.1991, p. 17.
(2) OJ L 148, 30.6.1995, p. 52.

Answer given by Mr Byrne on behalf of the Commission

(28 January 2000)

The experience acquired by the Member States is the most valuable source of data concerning the
enforcement of Council Directive 95/29/CEE of 29 June 1995 amending Directive 91/628/EEC concerning
the protection of animals during transport. The reports that Member States submit to the Commission
every year, as provided in Article 8 of Directive 91/628/CE, represent
in fact the main source of
information regarding the enforcement of the provision concerning the protection of animals during
transport. The Commission has reminded all competent authorities to fulfil the provisions of Article 8.

The Commission(cid:146)s food and veterinary office has carried out inspections in different Member States
reporting on the situation in relation to the enforcement of Directive 91/628/CE. The Commission has
also received official complaints from non-governmental organisations in relation to problems encountered
in the enforcement of the Directive in Member States.

The report mentioned in Article 13 of the Directive will be presented as soon as possible, taking into
account appropriate consideration of all the above-mentioned information.