WRITTEN QUESTION E-1862/00 by Carles-Alfred Gasòliba i Böhm (ELDR) to the Council. Red tuna catches in Dènia and Gandía.
Date: 2000-06-13
Institutions: European Parliament, Provisional data
Subjects: France, competence of the Member States, fishing net, infringement of EU law, sea fish

6.3.2001

EN

Official Journal of the European Communities

C 72 E/135

Certain press releases are not translated into all eleven languages, namely those relating to company
mergers (FR/EN/DE + language of the Member State concerned), state aid and infringement proceedings
(FR/EN + language of the Member State concerned) and to the weekly timetable of Commission activities.

The Commission is not aware of any official government complaint about the languages used for press
releases.

(2001/C 72 E/170)

WRITTEN QUESTION E-1861/00

by Carles-Alfred Gas(cid:242)liba i B(cid:246)hm (ELDR) to the Commission

(9 June 2000)

Subject: Special protection zones for birds in the Valencian Autonomous Community

The Valencian Autonomous Community has dragged its feet for years and years over setting-up the special
protection areas for birds (SPAB) established by the European Union.

At present, because the Commission itself has denounced the situation, the Valencian Government is
seeking to extend the surface area to be protected as special protection areas for birds to include areas
which are already protected, but even so, the protection provided for falls very far short of the European
Union(cid:146)s own criteria. The report drawn up by SEO-Birdlife for the Commission envisaged 736 637
hectares of Valencian territory coming under the special protection area heading, while the Valencian
Government is seeking to protect only 266 049 hectares.

Granting special protection area status in this way reduces the number of hectares protected, and leaves
areas of major importance such as the Marjal d(cid:146)Almenara, great swathes of the Alicante mountain range
and the mountain ranges of La Mar(cid:237)na and the ports of Morella and Beceit unprotected.

How does the Commission intend to ensure that the policy on protection and the granting of SPAB status
is complied with?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(19 July 2000)

The Commission does not know exactly how much of its territory the Council of the Autonomous
Community of Valencia intends to designate as a special protection area (SPA) for birds.

As the Honourable Member indicates, the Commission has initiated infringement proceedings against
Spain for failure to designate or insufficient designation of SPAs in the country as a whole, including the
Autonomous Community of Valencia. In its role as guardian of the Treaties, the Commission will take all
the necessary measures to ensure that Community law is complied with throughout Spanish territory.

(2001/C 72 E/171)

WRITTEN QUESTION E-1862/00

by Carles-Alfred Gas(cid:242)liba i B(cid:246)hm (ELDR) to the Council

Subject: Red tuna catches in DŁnia and Gand(cid:237)a

(13 June 2000)

In the fishing ports of DŁnia and Gand(cid:237)a French fishermen have been using nets several miles long to
capture red tuna for years now.

The catches of red tuna do not meet the authorised minimum weight of 60 kg, and no checks of any kind
are carried out.

C 72 E/136

Official Journal of the European Communities

EN

6.3.2001

Since fishing in this way is extremely destructive of Mediterranean fish stocks, with protected species also
being caught, how does the Council intend to require of the governments of the States concerned that they
adopt appropriate measures and comply with Community fisheries regulations?

Will the Council sanction those countries which fail to comply with the regulations?

Reply

(28 September 2000)

The Honourable Member(cid:146)s attention is drawn to Article 2 of Regulation (EEC) No 2847/93 establishing a
control system applicable to the common fisheries policy, as amended by Regulation (EC) No 2846/98,
which lays down that it is for the Member States to take the necessary measures to monitor all fishing
activity within their territory and their coastal waters. Pursuant to Article 29 of the same Regulation, it is
the Commission which verifies application of the Regulation by the Member States. It may conduct on-the-
spot visits and carry out verifications without prior notice.

This question should therefore be put to the Commission.

In accordance with Regulation (EC) No 1626/94, the minimum size for red tuna is 70 cm or 6,4 kg. These
measures have been maintained for the year 2000 by the Regulation fixing TACs and quotas (Regulation
(EC) No 2742/1999).

(2001/C 72 E/172)

WRITTEN QUESTION E-1865/00

by Luis Berenguer Fuster (PSE) to the Commission

(9 June 2000)

Subject: Risks to the safety of workers and citizens as a result of applying national rules on health and

safety in the workplace to public works tunnel building operations

Commissioner Diamantopoulou(cid:146)s reply of 3 April 2000 claims that an examination of Spanish legislation
has shown that the application of the provisions laid down for the mining sector with regard to tunnel
building increases the level of protection for workers provided for by Directive 92/57/EEC.

The claim, however, flatly contradicts the conclusions which the majority of Member States appear to have
reached. In the cases of Italy, Portugal, Belgium, Ireland, UK, France and Germany, at least, none of the
laws transposing Directive 92/104/EEC apply to public works under construction in general, nor to civilian
tunnelling and underground public work in particular. The Spanish Ministry of Development appears to
have reached the same conclusion; in response to the safety risks to workers and the general public posed
by the legal provisions applicable to mining, it approved the Order of 19 November 1998 laying down
specific provisions for planning, building and using underground constructions for road and rail transport
(technical regulation IOS 98), excluding the application of provisions concerning mining in the planning,
building and use of underground and submarine public works, on which the Ministry has drafted a
document which has been forwarded to the sectors concerned for information and consultation.

Furthermore, accident statistics in the mining sector indicate a situation which flatly contradicts the
Commissioner(cid:146)s statements. Between 1984 and 1999, 741 people were killed in working accidents in
mining. Over the same period, and before the adoption of the Spanish legislation contrary to Directive 92/
57/EEC, contained in Royal Decree 1389/97, there was one single serious accident in the extremely
numerous public works tunnel building operations which have been carried out as part of Spanish
infrastructure operations over the last 15 years.