WRITTEN QUESTION P-3509/01 by Chantal Cauquil (GUE/NGL) to the Commission. Additional information on the death of dolphins in Community waters.
Date: 2001-12-12
Institutions: European Parliament, Provisional data
Subjects: EU aid, application of EU law, by-catch, fishing controls, fishing net, fishing regulations, marine mammal, protection of animals, shipbuilding

6.6.2002

EN

Official Journal of the European Communities

C 134 E/239

(2002/C 134 E/253)

WRITTEN QUESTION P-3509/01

by Chantal Cauquil (GUE/NGL) to the Commission

(12 December 2001)

Subject: Additional information on the death of dolphins in Community waters

The Commission’s reply to written question P-3070/01 (1) prompts the following comments and questions:

’ On the Member States’ obligation to monitor incidental captures of dolphins:

’ Despite the death of several thousand dolphins every year, the Member States have taken no
action to set up a system for monitoring the incidental capture and killing of dolphins. As a
result, it has not been possible for them to take any research or conservation measures.

’ The Commission should monitor the fulfilment of the Member States’ obligations. If the Member
States are unable to supply evidence that
this monitoring, can the
Commission officially determine that Community law has been broken and take the necessary
steps to ensure that its directives are applied?

they are carrying out

’ On the role of different fishing methods in the incidental capture of dolphins:

’ The scientific community is in agreement in identifying pelagic trawls as the main culprit in
incidental captures of dolphins. Xavier le Pichon (Member of the Institute and former President of
Ifremer, the French Research Institute for Exploitation of the Sea) and Jean Aubouin (Member of
the French Academy of Sciences and former head of Ifremer’s Scientific Council) have strongly
condemned this type of fishing gear. In addition, the Commission has funded about twenty
studies which have all reached the same conclusion.

’ Why, despite this scientific unanimity, does the Commission continue to subsidise the large

fishing vessels responsible for this ecological disaster?

’ On the Commission’s responsibilities:

’ It is clear that the use of pelagic trawls in Community waters comes within the European Union’s

sphere of responsibility.

Would the Commission be prepared to amend Regulation (EC) No 894/97 (2) to ban the use of pelagic
trawls?

The Commission should bear in mind that this regulation has already been amended to ban the use of
drift-nets from January 2002, as this has been linked to by-catches of unintended species, such as dolphins;
there is, however, a significantly stronger connection between pelagic trawls and such by-catches.

(1) OJ C 115 E, 16.5.2002, p. 222.
(2) OJ L 132, 23.5.1997, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(15 January 2002)

On the obligation to monitor incidental catch of dolphins:

’ The Commission is not in a position to determine if Member States have fulfilled their obligations to
set up systems to monitor incidental catches of dolphins, since such information has not been
submitted by the Member States. There are indications that monitoring exist since some data is being
submitted to scientific fora for discussion. According to the provisions of Article 17 of Council
Directive 92/43/CEE of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora (1)
(Habitats), as implemented through working plans decided by the Habitats Committee,
Member States had to report to the Commission on the implementation of the provisions of the
Directive, including the issue raised by the Honourable Member, by 30 September 2001, but several
Member States failed to do so. During the Habitats Committee of 30 November 2001,
the
Commission drew the attention of Member States to the need to submit
their reports to the
Commission at the earliest possible date.

C 134 E/240

Official Journal of the European Communities

EN

6.6.2002

On the role of different methods in the incidental catch of dolphins:

’ The Commission is unaware of any validated scientific agreement that pelagic trawls are the main
contributors to deaths of dolphins and to what extent
the use of this fishing gear puts their
populations at risk; this is precisely the kind of information which is so far missing from the scientific
community.

’ Moreover, although some Member States subsidise the building of fishing vessels using national and
Community funds, it is not always pre-determined whether these vessels will use pelagic or bottom
trawls all their life time. Vessels can change gear with relatively minor modifications. The Commission
is not therefore in a position to guarantee that a given newly-built vessel will or will not use pelagic
trawls.

On the Commission’s responsibilities:

’ The Commission is prepared to propose the amendment of legislation on fishing gears on the basis of
the best available scientific information, and taking into account the risks for populations of sensitive
species. The Commission is in particular prepared to contribute to international efforts to conduct
responsible fisheries, as it was the case for driftnets, and whenever similar concerns are raised by the
international fishing community on any other fishery, including pelagic trawling.

(1) OJ L 206, 22.7.1992.

(2002/C 134 E/254)

WRITTEN QUESTION P-3511/01

by Esko Seppänen (GUE/NGL) to the Commission

(12 December 2001)

Subject: Seed bank for the world’s crop species

For several years negotiations have been under way on a charter for a new system which would seek to
preserve the stocks of crop seed gathered so far and the complex genetic heritage they represent for the
common use of humanity (Undertaking on Plant Genetic Resources for Food and Agriculture). The
Commission is responsible for the whole of the EU’s agricultural policy, which includes the proper use and
development of crop varieties. Is the Commission a party to the negotiations on the preservation of
existing seed banks for free common use, and what stage are these negotiations currently at, with regard
inter alia to the issue of whether these genetic resources are for sale to private undertakings?

Answer given by Mr Byrne on behalf of the Commission

(29 January 2002)

The Community, represented by the Commission, has been a party to the negotiation of a revised
‘International Undertaking on Plant Genetic Resources for Food and Agriculture’. These negotiations were
finalised with a new ‘International Treaty on Plant Genetic Resources for Food and Agriculture’, approved
by the Food and Agricultural Organisation (FAO) Conference on 3 November 2001. The agreement is
open for signature until 4 November 2002. The Community and its Member States are initiating
procedures for signature and subsequent accession.

Facilitated access to such genetic resources of the Contracting Parties and in the public domain will be
provided through a multilateral system, currently covering 35 of the world’s most important food crops
and 29 forages. The Contracting Parties also agreed to encourage natural and legal persons within their
jurisdiction who hold such resources to include them in the multilateral system. This system shall further
include ex situ collections of the International Agricultural Research Centers of the Consultative Group of
International Agricultural Research (CGIAR) and other relevant international institutions.