WRITTEN QUESTION E-1547/02 by Brigitte Langenhagen (PPE-DE) to the Commission. By-catches of marine mammals, in particular dolphins.
Date: 2002-06-03
Institutions: European Parliament, Provisional data
Subjects: catch of fish, death, fishing controls, marine mammal, protection of animal life

6.2.2003

EN

Official Journal of the European Union

C 28 E/119

3.

The sugar sector rules for the Azores cover a quantity of some 20 000 tonnes as follows.

(cid:1) where sugar production is concerned, Article 11 of Council Regulation (EC) No 1260/2001 of 19 June
2001 on common organisation of the markets in the sugar sector (2) allows the Azores a quota (A+B)
of 9 953 tonnes. Within the limit of that quantity Azorean beetgrowers receive an aid per hectare and
the sugar enterprise an aid for conversion into sugar;

(cid:1) there is a limit of 10 000 tonnes a year on refining of raw beet sugar supplied to the Azores under the
specific supply arrangements. The supply needs must also take account of Azorean sugar production
from local beet.

4.
It is clear from the foregoing that the provisions of both the Act of Accession of Portugal to the
European Communities and the Regulations mentioned under 1 are applied by the Commission, which is
certainly not engaged in concerted action with any party aimed at the closure of sugar plants in the
Azores.

(1) OJ L 8, 11.1.2002.
(2) OJ L 178, 30.6.2001.

(2003/C 28 E/133)

WRITTEN QUESTION E-1547/02

by Brigitte Langenhagen (PPE-DE) to the Commission

Subject: By-catches of marine mammals, in particular dolphins

(3 June 2002)

Numerous press articles have reported that dead dolphins have been washed ashore along the coasts of
Europe, above all along the French Atlantic coast. The marine mammals become caught in fishermen’s nets
and suffer serious injuries which result in their death. It is also reported that the fishermen frequently cut
open the dolphins so that the carcasses sink to the sea-bed and nothing can be proven.

Does the Commission have any information on by-catches of dolphins? Does it have any information on
the results of the fisheries surveillance carried out by the Member States as regards dolphins? What
measures are taken by the inspection authorities in the Member States when the practices described above
are discovered? Does the action taken by the inspection authorities vary between Member States?

What measures does the Commission intend to take to reduce overall by-catches of marine mammals?

Answer given by Mr Fischler on behalf of the Commission

(20 June 2002)

The Commission has requested scientific, objectively validated information on the extent of cetacean by-
catch and mortality induced by fishing. This information is summarised in the December 2001 report of
the Scientific, Technical and Economic Committee for Fisheries’ subgroup on fishery and the environment,
available as Commission staff working paper (1).

The Commission is at present receiving reports from Member States on their implementation of Council
Directive 92/43/EEC, of 21 May 1992, on the conservation of natural habitats and of wild fauna and
flora (2) where Article 12 explicitly includes the obligation to monitor the incidental capture and killing of
cetaceans. The first indications point to large differences in monitoring frequency and coverage, which
makes it difficult to obtain a clear picture of the by-catch problem at Community level.

C 28 E/120

Official Journal of the European Union

EN

6.2.2003

the Commission intends to draw up a proposal to cover both monitoring and
As a consequence,
mitigation of by-catch at the Community level in an efficient and proportionate manner. This proposal will
be made on the basis of scientific details that will become available before this summer. The Parliament
will be consulted on this proposal.

(1) SEC(2002) 376.
(2) OJ L 206, 22.7.1992.

(2003/C 28 E/134)

WRITTEN QUESTION E-1553/02

by Roberta Angelilli (UEN) to the Commission

(3 June 2002)

Subject: Taxation of music CDs

For some years now in Italy the rate of VAT on ‘intellectual works’ such as books has been 4 %, rather than
the general rate of 20 % which applies to all other goods, the aim being to protect such ‘works of
intellectual production’. However, if books and magazines are considered ‘cultural goods’, this is not the
case for music CDs and cassettes or CD-ROMs, which are considered ‘luxury goods’ and are therefore
subject to the 20 % VAT rate. This presupposes that words automatically become a product of major
cultural importance as soon as they are written down on paper. In addition, certain CDs qualify for the 4 %
VAT rate simply because they are sold in a joint package with magazines at newspaper kiosks. It is
obvious that a lower rate of VAT on CDs would create a remarkable development opportunity for
undertakings in that sector, especially given their problems in the face of the current Europe-wide CD
pirating epidemic. To give CDs and other forms of musical reproduction the status of intellectual products
would also be a suitable gesture of recognition for an important industry which must be considered part of
the cultural production sector.

Can the Commission state whether any studies or documents exist or are in preparation on the possibility
of reducing taxation rates on musical products and bringing those rates into line with those applying to
books?

Answer given by Mr Bolkestein on behalf of the Commission

(10 July 2002)

In accordance with the Community legislation concerning VAT rates at present in force, and in particular
Article 12 of the sixth VAT Directive 77/388/EEC (1), the standard rate applies as a rule to all taxable
transactions.

Member States who so wish may nevertheless apply a reduced rate of not less than 5 % of the taxable
amount, but solely for goods and services in the categories included in Annex H of the above Directive.
Books, newspapers and periodicals are covered by this Annex, but not CDs, cassettes or CD-ROMs.

Some provisions of this same Directive derogate from these rules (Article 28(2)) and allow the Member
States to continue applying a lower rate than the minimum rate of 5 %, under certain conditions, during
the period of application of the transitional arrangements. Such a rate had to be in force already on
1 January 1991. That is how Italy managed to maintain a rate of 4 % on books.

Owing to the dangers of distortions in competition, the scope of these temporary derogations cannot be
extended. Consequently, the only possibility which could reasonably be envisaged would be to extend the
scope of the reduced rates in order to include these cultural goods. This question of extending the scope of
the reduced rates to other goods forms part of the more general revision of certain aspects of the
arrangements, scheduled for 2003.

(1) OJ L 145, 13.6.1977; Directive last amended by Council Directive 2002/38/EC of 7 May 2002, OJ L 128,

15.5.2002.