WRITTEN QUESTION E-3842/00 by Jacqueline Foster (PPE-DE) to the Commission. Long-line fishing.
Date: 2000-12-07
Institutions: European Parliament, Provisional data
Subjects: by-catch, common fisheries policy, protection of animal life

C 174 E/162

Official Journal of the European Communities

EN

19.6.2001

Answer given by Mr Byrne on behalf of the Commission

(7 March 2001)

1.
The Commission can confirm that it receives a considerable amount of correspondence from animal
welfare societies and individual citizens alleging that Member States are not complying with their
obligations under Council Directive 91/628/EEC of 19 November 1991 on the protection of animals
during transport and amending Directives 90/425/EEC and 91/496/EEC (1) as amended by Council
Directive 95/29/EC of 29 June 1995 (2).

Some Member States also communicate information to the Commission concerning alleged infringements
occurring in other Member States. Member States are obliged to communicate this information in some
circumstances (Article 18.3 of the Directive). In cases where it appears clear that there is some justification
for the complaint the Commission normally intervenes with the Member State concerned.

Furthermore, where it appears that the complaint indicates serious shortcomings in relation to enforce-
ment of the requirements of the Directive by a Member State, the Commission(cid:146)s Food and Veterinary
Office (FVO) may examine the situation in the Member State during one of its periodic inspection missions
to that Member State.

Where following Commission intervention it appears that a Member State is not prepared to take the
necessary action to rectify the deficiencies concerned or that the action taken has been inadequate or
ineffective the Commission is prepared to consider the opening of the infringement procedure under
Article 226 (ex Article 169) of the EC Treaty.

Several such procedures have been opened in relation to Directive 91/628/EEC.

The Commission has kept the situation in Italy under close observation and has intervened frequently
2.
with the authorities of that Member State on animal transportation issues. Several FVO missions have been
organised including multiple visits to the sites where particular animal welfare deficiencies have been
recorded.

The situation has been complicated because many of the particular problems have arisen in connection
with animals arriving in Italy, from third countries or in transit through Italy bound for third country
destinations.

A further inspection has recently taken place and a report will issue shortly on its findings. In the light of
this report the Commission will, in the near future, take a decision as to whether to open the Article 226
(ex Article 169) procedure of the EC Treaty.

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

(2001/C 174 E/170)

WRITTEN QUESTION E-3842/00

by Jacqueline Foster (PPE-DE) to the Commission

(7 December 2000)

Subject: Long-line fishing

Long-line fishing is a very serious problem for seabirds.
I believe that the Commission is currently
assessing the need for a Community action plan on long-line fishing. Could the Commission confirm the
action that it is undertaking on this issue?

Could the Commission note that a number of measures may be introduced to promote a more seabird-
friendly method of long-line fishing including:

(cid:129) the use of bird scaring lines with plastic streamers on them;

(cid:129) weighing the lines so they sink faster, thus reducing the risk of catching seabirds;

19.6.2001

EN

Official Journal of the European Communities

C 174 E/163

(cid:129) setting the lines through tubes underwater so that birds on the surface cannot reach the hooks;

(cid:129) prohibiting fish offal discharge from the fishing vessels, as this attracts seabirds to long-lines;

(cid:129) insisting on the setting of the long-lines at night, where there are fewer seabirds seeking food?

Is there any European legislation currently in force on this issue and if so, could the Commission convey
the relevant reference numbers of these documents?

What action is the Commission taking on private vessels fishing illegally in the Southern Ocean, as pirate
fishing kills up to 100 000 seabirds annually?

Answer given by Mr Fischler on behalf of the Commission

(18 January 2001)

The Commission, after supporting the technical meetings that helped to define the food and agriculture
organization (FAO) International plan of action (IPOA) for reducing incidental catches of seabirds in
longline fisheries (FAO-IPOA Seabirds), is currently drafting a Community action plan starting from the
information made available by the Member States in response to a questionnaire sent to them the last
summer.

The European Commission has received several enquiries about this issue and it is increasingly aware of
possible problems regarding incidental catches of seabirds in longline fisheries. However not every longline
fishery requires the adoption of mitigation measures because incidental catch of seabirds does not occur
universally.

The main concerns regard albatrosses and other species, essentially in the Southern Oceans. To tackle this
problem, the Community has already incorporated within Community legislation (Council Regulation (EC)
No 66/98 of 18 December 1997 laying down certain conservation and control measures applicable to
(EC) No 2113/96 (1) and Council
fishing activities in the Antarctic and repealing Regulation (EC)
Regulation (EC) No 2479/98 of 12 November 1998 amending Regulation (EC) No 66/98 laying down
certain conservation and control measures applicable to fishing activities in the Antarctic (2)) several
mitigation measures,
including those reported in the Honourable Member(cid:146)s question recommended by
the Council for the Conservation of Antarctic Mar(cid:237)ne Living Resources (CCAMLR). Setting of lines through
tubes underwater is the only measure not envisaged as the same effect is obtained by weighting the lines.

As regards illegal fishing, the Commission is aware of the issue of flags of convenience in sustaining (cid:145)pirate(cid:146)
fishery and is calling upon states to ratify urgently the Agreement
to promote compliance with
international conservation and management measures by fishing vessels on the high seas. This agreement
has already been ratified by the Community in 1996. Furthermore, within Community legislation there are
provisions dealing with control, fleet and market policy which could be effective in tackling the problem of
(cid:145)illegal fishing(cid:146) when and if carried out by Community or third country vessels allowed to operate in our
waters.
It is the legal responsibility of the Member States to implement these rules and to ensure
compliance with them.

In addition the Commission is actively participating in the development of an international plan of action,
within the context of the FAO code of conduct for responsible fisheries, to curb illegal, unreported and
unregulated fishing. On this point, the Commission is particularly concerned not only by the flag of
convenience vessels but also by the port of convenience.

The Commission believes that
in promoting
the regional
sustainable and responsible fishing is crucial. The recommendations of the RFOs must be implemented
by the contracting parties and their compliance by non contracting co-operative parties should also be
fostered.

fisheries organisation (RFO)

the role of

(1) OJ L 6, 10.1.1998.
(2) OJ L 309, 19.11.1998.