WRITTEN QUESTION E-2795/01 by Carmen Fraga Estevez (PPE-DE) to the Commission. Use of thonaille nets to catch migratory species.
Date: 2001-10-09
Institutions: European Parliament, Provisional data
Subjects: France, competence of the Member States, conservation of fish stocks, fishing controls, fishing net, fishing regulations, fishing rights

C 93 E/194

Official Journal of the European Communities

EN

18.4.2002

(2002/C 93 E/230)

WRITTEN QUESTION E-2795/01

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

Subject: Use of ‘thonaille’ nets to catch migratory species

(9 October 2001)

The Commission report on the application of Community legislation on the use of drift nets in 2002 has
again drawn attention to the practices of certain Community fishing fleets which raise a series of questions
as regards compliance with said legislation and as regards progress made by certain Member States with a
view to the definitive prohibition of such nets as of 1 January 2002. The situation in the Mediterranean
appears to be particularly worrying. In this connection, the Commission report describes the activities of a
small French fleet which uses the ‘thonaille’ to catch bluefin tuna and sword fish. According to the report,
France has provided very little data concerning the activities of this fleet said to number 109 vessels,
arguing that it considers this type of gear to be small-scale in nature and therefore that it cannot be
considered to be a drift net, a view which the Commission does not share.

Given that the Commission acknowledges that under-size tuna has been landed, that France has not carried
out checks on the ‘thonaille’ fleet and that it has launched a national study aimed at establishing it as an
alternative to drift nets:

2 What is the Commission’s view of ‘thonaille’ fishing and its impact on the fishing of tuna and

swordfish in the Mediterranean?

2 What measures does the Commission intend to take in order to ensure that France provide the
information which it has failed to provide thus far concerning the fishing activity, landings, number of
vessels operating and inspections and checks on the ‘thonaille’ fleet?

2 What measures does the Commission envisage with regard to the banning of this type of fishing gear

as of 1 January 2002 in accordance with Community legislation?

Answer given by Mr Fischler on behalf of the Commission

(12 November 2001)

The Commission considers the ‘thonaille’ as a driftnet targeting species included in Annex VIII of Council
Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation
of fishery resources (1), as modified by Council Regulation (EC) No 1239/98 of 8 June 1998 (2). Therefore
its use must be banned by 1 January 2002.

This position has been regularly notified to the French administration, which has been requested to inform
the Commission on the measures taken to ensure compliance with the Regulation (EC) No 1239/98.

France has always reiterated its view that the ‘thonaille’
is not a driftnet subject to Regulation (EC)
No 1239/98. As it was stated in the Commission’s report, France has never set up any national control
programme on the ‘thonaille’ and, therefore, the Commission has not been in a position to control this
fishing system.

Although the impact of the ‘thonaille’ on bluefin tuna and swordfish resources cannot be evaluated, the
Commission report does not acknowledge that under-sized fishes are captured by that gear. However, the
poor diagnose of bluefin tuna stocks, as delivered by International Commission for the Conservation of
Atlantic Tunas (ICCAT), indicates indirectly that the catch of juveniles and of undersize specimens, which
could be quite important under certain conditions of operation of the thonaille, might not be in line with
the conservation of the stock.

Compliance with regulations in the fishing sector, as well as sanctions in case of infringement, are of the
responsibility of
the Member State. The Commission cannot act directly on fishermen to impose
compliance with Regulation (EC) No 1239/98.

18.4.2002

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Official Journal of the European Communities

C 93 E/195

As from 1 January 2002 the Commission will take the necessary steps to verify that France adequately
enforces Community legislation banning the use of driftnets on highly migratory species. If not, the
available infringement procedures will be applied against the Member State.

(1) OJ L 132, 23.5.1997.
(2) OJ L 171, 17.6.1998.

(2002/C 93 E/231)

WRITTEN QUESTION E-2796/01

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

(9 October 2001)

Subject: Conversion of the ‘spadare’ fleet to catch migratory species in the Mediterranean

The Commission report on the application of Community legislation on the use of drift nets in 2002 again
draws attention to the difficulties experienced by some Member States, notably in the Mediterranean
region, in adjusting to said legislation. More specifically, the assertion made in the report to the effect that
102 Italian ‘spadare’ vessels have no intention of being converted and to all intents and purposes do not
recognize Community legislation banning the use of drift nets seems somewhat surprising.

This, added to the clear problems which exist with regard to controls and to the fact that, as noted in the
report, the Italian inspectors do not posses sufficient technical knowledge of fishing or of the relevant
Community or national legislation, or that checks are carried out in a marked climate of insecurity, leads
one to ask the Commission the following:

2 In view of the evidence concerning the problems of the conversion of the ‘spadare’ fleet, and the
difficulties and basic shortcomings affecting the controls by the Member State concerned, what
measures does the Commission intend to take with regard to the 102 vessels which refuse to convert
their nets?

2 Is the Commission considering any type of sanction against a fleet which, unless things change

quickly, will be completely illegal next year?

2 What representations have been made before the Italian authorities to ensure that this accumulation of

irregularities finds the swiftest possible solution?

Answer given by Mr Fischler on behalf of the Commission

(20 November 2001)

According to the list of authorised vessels to use the ‘spadara’ in 2001, the decrease in fishing vessels
resulting from the national ‘spadare’ conversion plan is still going on after the year 2000. Therefore, it is
hoped that the Italian administration will continue in its action to ensure a complete ban of ‘spadare’ on
time.

Measures to ensure compliance with control obligations in the fishing sector, as well as sanctions in case
of infringement, are the responsibility of the Member State. The Commission cannot act directly on
fishermen to impose compliance with Council Regulation (EC) No 1239/98 of 8 June 1998 amending
fishery
Regulation (EC) No 894/97 laying down certain technical measures for the conservation of
resources (1).

The Italian administration has been requested to inform the Commission of the measures taken to ensure
compliance with Regulation (EC) No 1239/98.

In 2002, monitoring ashore and at sea of driftnet activity will remain a priority in the inspection
programme of the Commission and the necessary steps will be taken to verify that Italy adequately
enforces Community legislation banning the use of driftnets on highly migratory species. If not, the
available infringement procedures will be applied against the Member State.