WRITTEN QUESTION E-3710/00 by Carles-Alfred Gasòliba i Böhm (ELDR) to the Commission. Red Tuna catches in Dènia and Gandia.
Date: 2000-11-30
Institutions: European Parliament, Provisional data
Subjects: Balearic Islands, France, Spain, application of EU law, authorised catch, competence of the Member States

19.6.2001

EN

Official Journal of the European Communities

C 174 E/123

The Troika reminded the Minister that these problems were causing grave concern in Europe and that
Europe(cid:146)s political leaders, NGOs and media would be keeping a close eye on the situation in Pakistan. The
Council would continue to keep the situation in Pakistan under regular review and, if necessary, would
raise these problems again with the relevant interlocutors via the European Ambassadors in Islamabad.

(2001/C 174 E/127)

WRITTEN QUESTION E-3710/00

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

(30 November 2000)

Subject: Red Tuna catches in DŁnia and Gandia

It has been noted for years in the fishing towns of DŁnia and Gandia that French fishermen are using nets
several miles long to catch red tuna.

Catches of these fish fail to meet the minimum authorised weight of 60 kg, and no checks of any kind are
made.

Since this type of fishing is extremely deleterious to Mediterranean fish stocks, since protected species are
also being caught, how does the Council [sic] intend to force the governments of the Member States
concerned to adopt the appropriate measures, so as to ensure that Community fishing legislation is
complied with?

Does the Commission [sic] intend to penalise those countries which fail to comply with the legislation?

Answer given by Mr Fischler on behalf of the Commission

(22 January 2001)

Over the past, French vessels, along with a few Spanish vessels, have been fishing for Bluefin tuna off
Balearic Islands with purse seines, and land their catch in Spanish ports.

Community legislation does not include provisions regulating the length or the dimensions of purse seines.

The minimum landing size of Bluefin tuna is defined in Annex XII of Council Regulation (EC) No 850/98
of 30 March 1998 for the conservation of fishery resources through technical measures for the protection
of juveniles of marine organisms (1), and Annex IV of Council Regulation (EC) No 1626/94 of 27 June
1994 laying down certain technical measures for the conservation of fishery resources in the Mediterra-
nean (2). It is set at 70 centimeters (cm) or 6,4 kilograms (kg). However, to provide a margin for accidental
catches of smaller fish, a maximum of 15 % of the catch (in number of individuals) may consist of
individuals weighing between 3,2 kg and 6,4 kg.

The reference of 60 kg as indicated by the Honourable Member is not in Community legislation.

These rules have been agreed by the Council. If they are being contravened, it is the responsibility of
Member States to ensure compliance and to apply legal sanctions wherever necessary, in conformity with
the provisions of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system
applicable to the common fisheries policy (3).

National
framework of

fisheries inspectors may be accompanied by the inspectors of the Commission within the
the Community control system applicable inter alia on the Bluefin tuna fishery by

C 174 E/124

Official Journal of the European Communities

EN

19.6.2001

Community fishing vessels. The Commission may initiate legal procedures under the relevant provision of
the EC Treaty in respect of Member States failing to comply with their obligations under Community
legislation and notably the Community control system.

(1) OJ L 125, 27.4.1998.
(2) OJ L 171, 6.7.1994.
(3) OJ L 261, 20.10.1993.

(2001/C 174 E/128)

WRITTEN QUESTION E-3716/00

by Bart Staes (Verts/ALE) to the Commission

(30 November 2000)

Subject: Protected geographical indication (PGI) for Balsamic vinegar from Modena

Italian Presidential decree No 162 of 12 February 1965 stipulates in Article 46 that the characteristics of
the composition and methods of preparing Balsamic vinegar from Modena are to be laid down by
ministerial decree.

Subsequently, a ministerial decree of 15 November 1989 gave Balsamic vinegar from Modena designation
of origin status.

Community procedures are now underway to obtain a protected geographical indication (PGI) for Balsamic
vinegar from Modena, whereas, traditional Balsamic vinegar from Modena and Reggio Emilia (cid:129) protected
at national level by law No 93 of 3 April 1996 (cid:129) already has PDO status.

In recent years, a number of firms have taken advantage of the above ministerial decree of 15 November
1989 to invest in the areas of Modena and Reggio Emilia in order to produce Balsamic vinegar with the
designation (cid:145)from Modena(cid:146).

In a judicial sitting on 30 October 2000 the Italian Council of State (cid:129) upholding the appeal submitted by
the De Nigris company from the Campania region (cid:129) overturned the judgment of the Lazio regional
administrative tribunal and, consequently, the Italian ministerial decree of 15 November 1989, de facto
confirming the (cid:145)non-territorial nature(cid:146) of the production of this product although it is typical of the
Modena and Reggio Emilia areas.

This decision will involve the disappearance of Balsamic vinegar from Modena, which is a different product
and cannot be confused (cid:129) in quality or price (cid:129) with traditional Balsamic vinegar from Modena and
Reggio Emilia, but which, like the latter, is linked to the area of the provinces of Modena and Reggio.

This judgment, with its concept of (cid:145)non-territoriality(cid:146), threatens all local products in the Community and in
regions and provinces of Italy, and not only Balsamic vinegar from Modena.

Can the Commission say whether it is prepared to defend the principle of territoriality, which is linked to
the valorisation, defence and production of local products?

Answer given by Mr Fischler on behalf of the Commission

(24 January 2001)

The application for registration of aceto balsamico di Modena (Modena balsamic vinegar) as a protected
geographical
indication was made by Italy on the basis that this was a name protected by national
legislation under a decree of 15 November 1989 restricting the production area to the Provinces of
Modena and Reggio Emilia.

Italy first asked the Commission to await the outcome of an appeal to the Lazio Administrative Tribunal.
Subsequently the Council of State in its judicial capacity annulled the Administrative Tribunal(cid:146)s judgment
and consequently the 1989 decree. Following this Italy withdrew the application.