WRITTEN QUESTION E-2796/01 by Carmen Fraga Estevez (PPE-DE) to the Commission. Conversion of the spadare fleet to catch migratory species in the Mediterranean.
Date: 2001-10-09
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, competence of the Member States, exchange of information, fishing controls, fishing net, fishing regulations, fishing rights

18.4.2002

EN

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:

7 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?

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

quickly, will be completely illegal next year?

7 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.

C 93 E/196

Official Journal of the European Communities

EN

18.4.2002

Currently, an infringement procedure is already open against Italy, in respect of the use of large-scale
driftnets.

(1) OJ L 171, 17.6.1998.

(2002/C 93 E/232)

WRITTEN QUESTION E-2797/01

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

(9 October 2001)

Subject: Use of the ‘ferrettara’

The Commission report on the application of Community legislation on the use of drift nets in 2002
indicates that part of the Italian ‘spadare’ fleet has been converted to use the ‘ferrettara’. According to the
Commission’s report, the latter has an even smaller mesh size than the ‘spadare’ (180 mm as opposed to
350 mm). Moreover, pursuant to Italian legislation, mesh size will be further reduced to 100 mm as of
1 January 2002. Thus, according to the report, as of 2002 an unspecified number of vessels shall operate
with drift nets of up to 2 km in length and a mesh size of 100 mm in the 3 mile coastal zone.

Can the Commission say to what extent
the abovementioned Italian legislation is compatible with
Community law? Can the Commission provide any information on the impact on resources of such a fleet
operating with drift nets of up to 2 km in length and a mesh size of 100 mm in coastal areas and on its
compatibility with sustainable development?

Answer given by Mr Fischler on behalf of the Commission

(30 October 2001)

The authorisation of ‘ferrettara’ can be considered in accordance with 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) until 31 December 2001. In fact,
Council Regulation (EC) No 1239/98 does not provide for a complete ban, from 1 January 2002, of all
type of driftnets but only of those targeting some species, among which tunas, tuna-like fishes, swordfish,
all cephalopods and some pelagic sharks.

The ‘Ferrettara’ net is in principle intended for the capture of small pelagic and semi-pelagic species living
in coastal areas. However, its technical characteristics and the fishing practice cannot guarantee that it will
not catch other species of Annex VIII of Regulation (EC) No 894/97, in particular small tuna-like species
such as Sarda sarda, Euthynnus spp., Auxis spp., Coryphaena spp. and juveniles of Thunnus thynnus. But
these catches are considered as incidental.

The Commission is not in a position to evaluate the effect of ‘ferrettara’ on the target species since there is
not any regular stock assessment for most of them, with the exception of anchovy whose capture with
driftnet is, however, very limited and fisheries are very scarce.

With regard to the compatibility of this fishing gear with sustainable development, it is not yet clear
whether this gear has an impact on protected species; however, the Commission intends to set up a
specific control programme of all driftnets, whose use is still authorised in 2002, as a matter of priority
and this will allow a better evaluation of the effects of this gear.

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