WRITTEN QUESTION E-2328/02 by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission. Allocation of responsibilities to the Commission in connection with the reform of the CFP.
Date: 2002-07-26
Institutions: European Parliament, Provisional data
Subjects: European Commission, application of EU law, common fisheries policy, fishery management, fishing regulations, power of implementation, powers of the institutions (EU)

6.2.2003

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Official Journal of the European Union

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Answer given by Mr Nielson on behalf of the Commission

(3 September 2002)

The Commission recognises the importance of addressing disability issues in the context of poverty
reduction. According to World Bank and United Nations (UN) figures, people with disabilities make up 20
per cent of the world’s poorest. Disability is both a cause and an effect of poverty, and over 80 per cent of
disabled people in developing countries live below the poverty line. They often experience discrimination
and are widely excluded from the social, economic and political life of the community.

The development cooperation policy of the Community, is based on the priority areas and the cross-
cutting principles laid out by the Commission in its Policy framework (1). Disability issues and people with
disabilities are not a focal area and need to be addressed in each of the priority fields, wherever relevant.
Efforts are now beginning, and much remains to be done, for policies and programmes in fields as diverse
as health, education, transport and rural development to be developed and implemented in a way that
involve disabled people and their concerns throughout the process and reflect their needs. This will
necessitate the availability of statistical data and the development of indicators. The Commission tries to
its policies adequately reflect the needs and priorities of the disabled and that they
ensure that all
contribute to making societies less ‘disabling’. At the same time, the Commission also recognises that there
could be a need for targeted action and direct support to certain groups of disabled people, through the
use of existing financing instruments rather than a specific budget line.

The Community continues to support capacity building and organisational development of organisations
that represent and empower the disabled. The Commission has also cooperated with European non-
governmental organisations (NGOs) representing disabled people to prepare guidance for Commission
services and delegations on how to ensure disability issues get sufficient attention in programming and
implementation. This guidance will underline the importance of ensuring that the Country programmes
comply with the Union-African, Carribean and Pacific States (EU-ACP) Joint Parliamentary Resolutions on
persons with disabilities (2), as well as underline the importance of the European Year of Persons with
Disabilities (in 2003) as an opportunity to give particular attention to these issues. When finalised, the
Commission will be pleased to share this guidance with Parliament.

Finally, the Commission will rely on training and other forms of support, to ensure that the guidance is
applied and used in the countries as well as on monitoring and evaluation to assess the outcomes and
impact.

(1) The European Community’s Development Policy, COM(2000) 212 final.
(2) Resolution on the rights of the disabled people and older people in ACP countries ACP-EU 3313/01/final, OJ C 78,
2.4.2002 Resolution on health issues, young people, the elderly and people living with disabilities ACP-EU 3398/
02/final.

(2003/C 28 E/251)

WRITTEN QUESTION E-2328/02

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(26 July 2002)

Subject: Allocation of responsibilities to the Commission in connection with the reform of the CFP

In its proposals for a reform of the common fisheries policy (CFP) which were adopted by the College of
Commissioners on 28 May 2002, the Commission assumes responsibilities in areas which currently lie
within the Council’s area of competence and, furthermore, it takes on newly created responsibilities such
as the establishment of TACs in respect of species which are subject to multiannual management, decisions
taken within international fisheries organisations, rules on fisheries monitoring, rules on exemptions from
fisheries monitoring requirements and penalties for failure to comply with monitoring rules.

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Does the Commission not consider that the assumption of such responsibilities undermines the principle
of the balance of powers and goes beyond the responsibility for the drawing up of rules which it was
granted by the Council, since the decisions are political rather than technical, the balance between the
institutions is disturbed and the division of powers as laid down in the Treaties is challenged?

the Commission say whether or not

Will
it considers the setting of TACs and quotas to be an
implementing power and whether or not the conferral thereof upon the Commission would be in
accordance with Articles 37, 202 and 211 of the EC Treaty?

Answer given by Mr Fischler on behalf of the Commission

(17 September 2002)

Pursuant to Articles 202 and 211 of the EC Treaty, the Commission exercises powers conferred to it by the
Council and ensures that Community law is applied by the Member States.

The extension and ‘essential elements’ (see Article 1 subparagraph 1 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the
Commission (1) of the implementing powers are defined in each case by the legislator in the relevant basic
instrument.

The Commission considers that the provisions laid down in the proposal for a Council Regulation on the
conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (CFP) (2)
adopted by the Commission on 28 May 2002 are fully in compliance with these rules.

The Commission considers that, within the framework of a multi-annual management plan previously
decided by the Council, in which certain parameters for the annual fixing of total allowable catches (TAC’s)
will have been agreed at the political level, the fixing of TAC’s and quotas would indeed qualify to become
an issue for implementing powers to be conferred to the Commission.

The Commission would, on the basis of the latest scientific advice for the stock(s) concerned, calculate the
quantity of catches which complied with the parameters already fixed by the Council, such as the need to
keep fishing mortality at or below a given level, the need to achieve a given percentage increase in the
stock biomass each year and the need to avoid more than a certain level of annual change in the TAC.

Therefore, the Commission,
in its proposal, foresees that it will decide for the allocations of fishing
opportunities only in the case multi-annual management plans have been agreed by the Council and only
from the second year. The allocation for the first year is set out within the framework of the multi-annual
management plan and remains in the remit of the Council. The allocations for the following years become
indeed an implementation issue within the framework of this multi-annual management plan and in
compliance with the rules set out in it.

The implementation of measures adopted under international agreements into Community law should also
be considered to qualify to become a subject for implementing powers.

Once they are adopted by a Regional Fisheries Organisation (RFO), and provided that the Community does
not object to them, these measures become binding within the Community. At this stage these measures
can not be subject to any modification any more. The implementation of these measures into Community
law is thus an operation of technical nature, and has no political dimension.

The content of the measures in question is also generally of technical nature. The simplified procedure
foreseen in the Commission’s proposal should allow the Community to accelerate the process of
implementation the measures adopted by the RFOs and then contribute to the strengthening of the
credibility of its action at the international level. The Parliament and the Council will continue to be fully
informed of the results achieved in meetings of the RFOs and will be notified of the measures which need
to be implemented in Community law.

The Proposal adopted by the Commission on 28 May 2002 clarifies the definition of responsibilities of
both the Member States and the Commission in the field of control and enforcement of the rules of the
CFP.

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Article 23 of the proposal makes it clear that Member States have the responsibility of control and
enforcement of the rules of the CFP.

The Commission is only responsible for monitoring control and enforcement by Member States and for
facilitating co-ordination and co-operation between Member States, as laid down in Article 26 of the
Proposal.

Thus, the Proposal does not modify the respective roles of the Commission and the Member States.

Within this framework, the Commission proposes that the Council adopts new tools to be used by
Member States to ensure a more effective enforcement of CFP rules and equivalent levels of sanctions in
every Member State.

The proposal also foresees that Member States which fail to comply with their obligations may be required
by the Commission to compensate the Community with for any damage or loss. The adoption of such
measures by the Commission falls within its powers under Article 211 of the EC Treaty.

(1) OJ L 184, 17.7.1999.
(2) COM(2002) 185 final.

(2003/C 28 E/252)

WRITTEN QUESTION P-2332/02

by William Abitbol (EDD) to the Commission

(22 July 2002)

Subject: Self-determination

Does the Commission recognise the principle of self-determination as expressed by the UNHCHR (cid:1) The
right to self-determination of peoples (Article 1): 13/03/84 CCPR General comment 12.

1.
In accordance with the purposes and principles of the Charter of the United Nations, Article 1 of
the International Covenant on Civil and Political Rights recognises that all peoples have the right of
self-determination. The right of self-determination is of particular importance because its realisation is
an essential condition for the effective guarantee and observance of individual human rights and for
the promotion and strengthening of those rights.

and the

International Covenant on Civil and Political Rights adopted and opened for signature, ratification and
accession by General Assembly resolution 2200A (XXI) of 16 December 1966,

entry into force 23 March 1976,

All peoples have the right of self-determination. By virtue of that right they freely determine

1.
their political status and freely pursue their economic, social and cultural development?

Answer given by Mr Patten on behalf of the Commission

(26 August 2002)

The Union respects the Universal Declaration on Human Rights and its complementary International
Covenant on Civil and Political Rights and International Covenant on Economic Social and Cultural Rights.
The Union’s activities are also based on the main international and regional instruments for the protection
of human rights,
including the European Convention on Human Rights. These instruments enshrine
common values regarding fundamental freedoms and democratic principles, which are universal, indivisible
and interdependent. Respect for these values is a condition for efficient development in any society.