WRITTEN QUESTION E-3695/00 by Torben Lund (PSE) to the Commission. By-catches of harbour porpoises ‐ plan of action.
Date: 2000-11-29
Institutions: European Parliament, Provisional data
Subjects: United States, by-catch, common fisheries policy, marine mammal, national law

C 174 E/114

Official Journal of the European Communities

EN

19.6.2001

All the candidate countries have accepted the need to fully meet the acquis including the application of all
common market organisation (CMO) regulations. Candidate countries have been invited to provide a
detailed plan for the setting up of the official administration that will be responsible for the management
of the milk quota system, in particular the plans for addressing problems related to farm structure and
with regard to direct sales.

As regards setting quotas the reference quantity for milk must be determined taking account of historical
production figures during a reference period to be defined, and the need to avoid adding to Community
market surpluses, having regard also to World trade organisation (WTO) constraints. It is the Commission(cid:146)s
view that this period should be recent to reflect current production and consumption structures as well as
improved statistical reliability.

Given these safeguards built into the Community(cid:146)s negotiating position,
it is not expected that the
inclusion of the new member states in the CMO for milk and milk products will affect the current
Member States.

It should be recalled that, regardless of enlargement, Council Regulation (EC) No 1256/1999 of 17 May
in particular Article 3,
1999, establishing an additional
foresees a mid-term review, worded as follows: (cid:145)The Council undertakes to conduct a mid-term review in
2003, on the basis of a Commission report, with the aim of allowing the present quota arrangements to
run out after 2006.(cid:146)

levy in the milk and milk products sector (1),

(1) OJ L 160, 26.6.1999.

(2001/C 174 E/117)

WRITTEN QUESTION E-3695/00

by Torben Lund (PSE) to the Commission

(29 November 2000)

Subject: By-catches of harbour porpoises (cid:129) plan of action

A (cid:145)harbour porpoise take reduction plan(cid:146) has been drawn up in the USA and was sent to the Commission
in relation to Case P/99/4288/DK.

Will the Commission please indicate what specific action has been taken in the USA as a result of this
plan, and whether similar measures might be relevant in the EU?

Will the Commission consider drawing up an EU plan of action to reduce by-catches of harbour porpoises
in European fisheries?

Answer given by Mr Fischler on behalf of the Commission

(25 January 2001)

The harbour porpoise take reduction plan, implemented in the United States under the Mar(cid:237)ne Mammals
Protection Act, foresees a set of integrated measures to enforce technical and behavioural modification in
the use of some fishing gears (mainly gill-nets) as well as to increase co-operation among fishermen,
environmental organisations, scientists and administration through the establishment of Take Reduction
Teams. As regards the implementation of observer schemes, the Honourable Member should be aware that
with some exceptions (Northwest Atlantic fisheries organisation (NAFO), Inter-American tropical tuna
commission (IATTC),
the
Commission has no legal basis,
in addition to Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora (1) Habitats Directive, for requiring that
observers should or might be placed on fishing vessels of Member States.

International Commission for the conservation of Atlantic tuna (ICCAT)),

19.6.2001

EN

Official Journal of the European Communities

C 174 E/115

Wherever the incidental catches of harbour porpoises are caused by Community fishermen, the Commis-
sion is attempting to find solutions. The Commission will take in due consideration robust scientific
knowledge and advice coming both from its scientific advisory body (the scientific, technical and economic
committee for fisheries (STECF)) and from the International council for the exploration of the sea (ICES) to
inform its policy actions. Recommendations arising from regional fisheries organisations of which the
Community is a contracting party (NAFO), North-East Atlantic fisheries convention (NEAFC), International
Baltic Sea fishery commission (IBSFC), ICCAT, General fisheries council for the Mediterranean (GFCM)) will
also be taken into account.

To this end, the Commission has asked to its scientific, technical and economic committee for fisheries to
convene a meeting in 2001 on the issue of incidental catches of small cetaceans. The Commission has also
asked ICES to give information and advice as soon as possible during 2001 on the following issues: an
overview of fisheries that have significant impact on small cetaceans; an overview of other sources of
mortality of small cetaceans; an assessment of the risks created by fisheries on identified populations and
advice on possible remedial actions to reduce the impact by fishing.

However, before considering creating new legislation, the Commission aims at the proper implementation
of the existing Community provisions. It is important to recall that Member States are obliged to establish
a system of strict protection to ensure a favourable conservation status for all cetacean species. Moreover,
harbour porpoise is included in Annex II of the Habitat Directive and Member States must designate sites
to be included in the Natura 2000 ecological network. Furthermore Member States should enforce the
requirements of Articles 11 and 12.4 of the Habitat Directive dealing with surveillance and monitoring of
the fishing activities associated with cetacean by-catch. It is the legal responsibility of the Member States to
implement these rules and to ensure compliance with them.

(1) OJ L 206, 22.7.1992.

(2001/C 174 E/118)

WRITTEN QUESTION E-3696/00

by Torben Lund (PSE) to the Commission

(29 November 2000)

Subject: By-catches

The answer of 16 October 2000 to my question E-2584/00 (1) states that (cid:145)At the Council of 16 June 2000,
the Member responsible for fishery expressed his deepest concern on this [by-catches and the action to
reduce by-catches] and similar issues. To follow up, Member States will be contacted to request
information to the Commission about actions they have taken or intend to take at national level(cid:146).

Have the Member States yet been asked to produce this information, and will it be accessible to the public,
pursuant to Article 17(1) of the Habitats Directive?

(1) OJ C 113 E, 18.4.2001, p. 125.

Answer given by Mr Fischler on behalf of the Commission

(22 January 2001)

Member States have been recently asked to produce information about the actions they have taken or
intend to take at national level to reduce and mitigate cetaceans by-catches. The Commission has not yet
received the requested information.