WRITTEN QUESTION E-2166/02 by Rosa Miguélez Ramos (PSE) to the Commission. Illegal use of driftnets.
Date: 2002-07-18
Institutions: European Parliament, Provisional data
Subjects: Ireland, Scotland, by-catch, conservation of fish stocks, fishing net, fishing regulations, infringement of EU law, quantity of fish landed

6.2.2003

EN

Official Journal of the European Union

C 28 E/193

If this is not the case, does the Commission foresee an extension of the Live Animal Transport Directive to
cover livestock markets, following the opinion of SCAHAW in its report of March 2002 which suggested a
minimisation of their use?

Joint answer
to Written Questions E-2161/02, P-2207/02 and E-2244/02
given by Mr Byrne on behalf of the Commission

(23 September 2002)

The establishment of rules to prevent maltreatment of and cruelty to animals is an area where competence
of the Community is limited. The Community has no general power to regulate animal welfare. However it
can regulate this matter either where differing national welfare rules risk distorting competition in the
internal market, or in relation to a sector (such as agriculture) where it has more extensive regulatory
powers.

In this framework, the Commission is committed to use its powers to help stop unacceptable animal
welfare practices.

Concerning the case mentioned by the Honourable Members, infringement proceedings under Article 226
of the EC Treaty have been initiated against the Belgian authorities with regard to the inadequate
implementation of Community legal provisions on animal welfare. As part of this process, several
inspections by officials of the Commission’s Food and Veterinary Office took place in Belgium regarding
the implementation of European legislation on animal protection on farm, transport and slaughterhouses.
This included livestock markets. The findings and recommendations arising from these inspection visits
have been published on the Internet (1).

The experience of recent years has shown that there is a need to improve animal welfare in livestock
markets. A forthcoming Commission proposal concerning the protection of animals during transport, will
cover this area. The intention of such legislation is to ensure that Member States take the appropriate
measures to ensure that animal welfare considerations are an integral part of the operation of livestock
markets. It is not feasible, however, that the Commission assume responsibility for the supervision of such
operations. This role is appropriate to the Member States both in keeping with the principle of subsidiarity
and the resource limitations of the Commission.

(1) http://europa.eu.int/comm/food/fs/inspections/index_en.html.

(2003/C 28 E/221)

WRITTEN QUESTION E-2166/02

by Rosa Miguélez Ramos (PSE) to the Commission

(18 July 2002)

Subject: Illegal use of driftnets

According to reports in the European press (Faro de Vigo, 4 July 2002), the Irish fishing vessel ‘Albatross’,
flying the Belize flag, attempted to land 36 tonnes of bonito caught using driftnets, a type of gear which
has been banned in Community waters since 1 January 2002, in the port of Vigo. The port and inspection
authorities prevented the fish from being landed, and the Albatross then headed for Ireland to attempt to
land its catch at an Irish port.

Is the Commission aware of this incident? What action has it taken or will it take? Have any infringements
of the ban on driftnets been detected by the Commission or by Member State inspection services since it
entered into force? If so, where did these infringements occur and what steps were taken with regard both
to the vessel and any catch landed?

Furthermore, fishermen currently engaged in coastal fishing for bonito in Cantabrian waters have noted
the presence in those fishing grounds of vessels from the French island of Yeu which are allegedly fishing
with encircling nets. This type of gear is banned for the Spanish fleet because it is highly unselective and is
associated with high levels of bycatches.

C 28 E/194

Official Journal of the European Union

EN

6.2.2003

How does the Commission assess this situation? Will the Commission take any initiative with a view to
banning the use of encircling nets to catch bonito in Cantabrian waters?

Answer given by Mr Fischler on behalf of the Commission

(22 August 2002)

The Commission is aware of the activities of the Belize-registered vessel ‘Albatros II’ fishing for albacore
tuna in the International Commission for the Conservation of Atlantic Tunas’ (ICCAT) Convention Area.

Spanish authorities have informed the Commission of the sighting of the vessel ‘Albatros II’ on the high
seas. The vessel was fishing in contravention of ICCAT conservation measures notably using driftnets. The
Commission have asked ICCAT Secretariat to circulate this information amongst all Contracting Parities of
the Convention.

Furthermore, the Commission has been informed by the Scottish Sea Fishery Protection Agency (SFPA) of
the attempt of ‘Albatros II’ to land her catches in the port of Lochinver (Scotland) last 26 July 2002. SFPA
permitted the port call of the ‘Albatros II’ for refuelling but denied permission to land its albacore tuna.
SFPA passed the information regarding the vessel’s departure with the fish still on board to the Irish
authorities.

The Commission is aware that the enforcement of the driftnet ban is encountering problems in some areas.
the Commission is committed to a strict enforcement of the current ban and, whenever
However,
infringements of Community law are discovered, proper action will be taken against the Member States
concerned.

Encircling gears are usually quite selective because the catch is visible before the nets are handed in. In the
absence of scientific advice recommending a ban on encircling gears for tuna fisheries, the Commission
has no intention to take any action to prohibit the use of encircling gear targeting albacore tuna.

(2003/C 28 E/222)

WRITTEN QUESTION E-2168/02

by Laura González Álvarez (GUE/NGL) to the Commission

(18 July 2002)

Subject: Application of Directive 1999/30/EC by the Spanish authorities

The Spanish Government was condemned by the Luxembourg Court for failing adequately to transpose
Directive 96/62/EC (1) on air quality. The deadline for transposition into national law of Directive 1999/
30/EC (2),
laying down limit values for various pollutants in line with the current state of scientific
knowledge, expired on 19 July 2001. The Spanish Government, in keeping with its standard practice,
failed to meet the deadlines. The initial data available are alarming. The Madrid Council has acknowledged
that average levels of NO2 pollution reached 63 mg/m3 in 2001, a level which exceeded the limit values
set and affected a city of almost 3 million inhabitants. Areas around many of Spain’s thermal power
stations have levels of various pollutants which far exceed the limit values laid down in this Directive.

What measures will the Commission take in view of this worrying situation? What information does it
have on the subject?

(1) OJ L 296, 21.11.1996, p. 55.
(2) OJ L 163, 29.6.1999, p. 41.