WRITTEN QUESTION E-0846/02 by Glyn Ford (PSE) to the Commission. Paired trawling and dolphin deaths.
Date: 2002-03-27
Institutions: European Parliament, Provisional data
Subjects: drafting of EU law, fishing net, fishing regulations, international organisation, marine mammal, protection of animal life, scientific committee (EU), scientific cooperation, technical cooperation

26.9.2002

EN

Official Journal of the European Communities

C 229 E/147

On 7 and 8 March 2002 the newspaper ‘L’Echo’ reported that on 22 February 2002 ‘Berlaymont 2000’
had issued an invitation to tender for a new loan of approximately EUR 650 million for the future funding
of the building project. This new loan is intended to replace the existing loan, which was negotiated in
April 1998 to run until 31 March 2002.

Is the Commission Vice-President responsible for this matter satisfied that the provisions of Council
Directive 92/50/EEC (1) of 18 June 1992 relating to the coordination of procedures for the award of public
service contracts were respected during the tender process?

Can the Commission state which of the procedures provided for in Article 1 of the Directive was used: an
open, restricted or negotiated procedure?

Can it explain why the process was so rapid (invitation to tender on 22 February 2002, publication of
expressions of interest on 6 March 2002)?

(1) OJ L 209, 24.7.1992, p. 1.

Answer given by Mr Kinnock on behalf of the Commission

(23 May 2002)

The Commission is advised that the call for tender launched on 22 February 2002 by S.A. Berlaymont
2000 aimed at the short-term financing of the modernisation of the Berlaymont. The Honourable Member
should note that it was not published in the Official Journal of the Community. However, if the estimated
value of this contract was to have been above the threshold of Council Directive 92/50/EEC of 18 June
1992 relating to the coordination of procedures for the award of public service contracts, this tender
procedure would have been in breach of the Directive.

The Vice-President responsible for Personnel and Administration was surprised at the methods and terms
of this call for tender and its result, and expressed his reservations to the relevant Belgian Minister,
M. Daems, in a letter of 7 March 2002.

It transpired that, since the Belgian State decided at the end of March 2002 to ensure the short-term
financing of the modernisation of the Berlaymont, this call for tender was unnecessary and was not
pursued.

(2002/C 229 E/169)

WRITTEN QUESTION E-0846/02

by Glyn Ford (PSE) to the Commission

(27 March 2002)

Subject: Paired trawling and dolphin deaths

Is the Commission aware of the large number of dead dolphins washed up on the coasts of south-west
England and France in recent months?

It has been suggested that the reason for this phenomenon is the increasingly common practice of paired
trawling, where two trawlers drag a net at high speed between them.

Does the Commission accept that analysis? If so, what steps does it intend to take to help protect the
dolphin community?

C 229 E/148

Official Journal of the European Communities

EN

26.9.2002

Answer given by Mrs Wallström on behalf of the Commission

(15 May 2002)

The Commission has received information on the issue mentioned by the Honourable Member.

Although all cetacean species are strictly protected by the Habitats Directive, Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1), which imposes
Member States specific obligations in this regard, the Commission is increasingly aware that a Community
action may be necessary to increase the effectiveness of the protection of small cetaceans from undesired
effects of fishing activities. These measures could include, where appropriate, an overall downsizing of the
fishing effort, and also more targeted measures aimed to avoid significant impacts on some sensitive
species, such as cetaceans.

information available and has
In this respect, the Commission is gathering all scientific and technical
requested the Scientific, Technical and Economic Committee for Fisheries,
(STECF), and also the
International Council for the Exploration of the Sea, (ICES), to provide the scientific and technical support
that may allow the Commission to propose regulatory measures, in consultation with all interested parties.
The possible impact of paired trawling has been included in this analysis.

As soon as the advice of STECF and ICES will become available,
the Commission will design the
appropriate measures in the field of fishing activities, following consultation with interested parties. This is
expected to take place before the end of 2002. The measures shall be adopted by the Council
in
accordance with the procedure set out in Article 43 of the EC Treaty.

(1) OJ L 206, 22.7.1992.

(2002/C 229 E/170)

WRITTEN QUESTION E-0849/02

by Rosa Miguélez Ramos (PSE) to the Council

(3 April 2002)

Subject: Mobbing at work

What steps will the Spanish Council Presidency take with a view to introducing a legal definition of
mobbing so that effective prevention policies can be shaped, for example by including it in the Framework
Directive on health and safety at work, and with a view to a Green Paper being drawn up containing a
detailed analysis, action plan and specific timetable?

Reply

(27 June 2002)

While emphasising that its shares the Honourable Member’s concern, as it had occasion to point out
during the April question time in reply to Question H-204/02 on the same subject, the Council confirms
that in the absence of a Commission proposal in this area it cannot act on its own initiative and that it is
in any case the Commission’s task to draft the Green Paper that the Honourable Member wishes to see
published.

(2002/C 229 E/171)

WRITTEN QUESTION E-0853/02

by Maria Sanders-ten Holte (ELDR) to the Commission

(27 March 2002)

Subject: Technical Assistance Offices for the Leonardo, Socrates and Youth programmes

Following the problems with the Leonardo programme which led to the resignation of the Santer
the Leonardo, Socrates and Youth
Commission,

the Commission proposed that management of