WRITTEN QUESTION E-2484/02 by Rosa Miguélez Ramos (PSE) to the Commission. Imports of tuna caught with driftnets.
Date: 2002-09-06
Institutions: European Parliament, Provisional data
Subjects: EU waters, Morocco, catch of fish, fishing net, fishing regulations, import, sea fish

C 92 E/174

Official Journal of the European Union

EN

17.4.2003

(2003/C 92 E/229)

WRITTEN QUESTION E-2475/02

by Daniela Raschhofer (NI) to the Commission

(6 September 2002)

Subject: Law on aid and tenders in view of the devastating floods

In recent weeks, Austria, Germany and the Czech Republic have all been hit by unprecedented flooding.

Thousands of people have seen their homes wrecked and their livelihoods destroyed.

The damage caused by the floods runs into several billion euros.

In the face of this disaster, can the Commission answer the following questions:

1.

In view of the current situation, to what extent will the Commission show flexibility with regard to
the derogations provided for from Community legislation on aid and tenders in order to cushion the
financial impact on the Member States affected?

2. Where does it see specific margins for manoeuvre in this respect?

Answer given by Mr Bolkestein on behalf of the Commission

(17 October 2002)

As regards state aid, the EC Treaty contains a specific provision, Article 87(2)(b), which provides that aid to
make good the damage caused by natural disasters or exceptional occurrences shall be compatible with the
common market. No special provision or amendments are thus required to deal with this kind of
situations. In the past, the Commission has accepted that for example, floods could be considered natural
disasters. The Commission will follow the same approach in the present case. Once it has been established
that there has been a natural disaster, up to 100 % of the material damage caused by the natural disaster
can be compensated for. Obviously, the Commission will endeavour to have a very prompt decision.

Concerning agriculture and rural development, reference is made to the answer given by the Commission
to the Honourable Member’s written question P-2539/02 (1).

In reference to public procurement, the procedure can be speeded up and in cases where Member States
can demonstrate exceptional circumstances, it will be possible to derogate from the requirement to publish
a contract notice in conformity with Community law on public procurement: in concrete terms, Member
States can decide either to organise a so-called ‘accelerated procedure’, i.e. the publication of the tender in
the Official Journal of the European Communities including reduced deadlines for replies, or to carry out a
negotiated procedure without prior publication of a tender notice in those cases where conditions for such
a procedure are fulfilled (i.e. the existence of an unforeseeable event, of an extreme urgency incompatible
with the deadlines required by other procedures (cid:1) including the accelerated one (cid:1) and of a causal link
between the unforeseeable event and the resulting extreme urgency).

(1) See page 183.

(2003/C 92 E/230)

WRITTEN QUESTION E-2484/02

by Rosa Miguélez Ramos (PSE) to the Commission

(6 September 2002)

Subject: Imports of tuna caught with driftnets

Representatives of the small-scale fishing fleet in Andalusia (Spain) have reported that Moroccan vessels are
capturing tuna and other species in Mediterranean and Atlantic waters using driftnets, which are banned in
the Community, and are then exporting the fish to the EC.

17.4.2003

EN

Official Journal of the European Union

C 92 E/175

Is the Commission aware of these practices?

What measures has it adopted to put an end to them?

Has the Commission acted to ensure that Member States operate customs checks to ensure that fish
imported from Morocco has not been caught using driftnets?

Answer given by Mr Fischler on behalf of the Commission

(17 October 2002)

The Commission is aware of the imports of tuna caught by Moroccan vessels to which the Honourable
Member refers.

The ban on using driftnets to catch highly migratory species effective from 1 January 2002 and introduced
by Council Regulation (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97 laying
down certain technical measures for the conservation of fishery resources (1), applies only to the fishing
activities of Community vessels or third-country vessels fishing in Community waters.

In consequence, the Regulation cannot prohibit imports of fish caught with driftnets by vessels flying the
flag of a third country outside Community waters.

The Commission has no information to indicate that the fish exported by the Moroccan vessels in question
were caught in Community waters.

(1) OJ L 171, 17.6.1998.

(2003/C 92 E/231)

WRITTEN QUESTION E-2489/02

by Paulo Casaca (PSE) to the Commission

(6 September 2002)

Subject: Management of ESF funds by the Madrid Institute for Employment and Business Training

(IMEFE) (cid:1) new information

In its answer to Written Question E-1094/02 (1) the Commission said that following the audit by the IGAE
(General Inspectorate for Economic Activities) the UAFSE (Administrative Unit for the ESF) carried out an
additional check on the IMEFE (measures of its own plus external measures), the financial conclusions of
which might lead to even more substantial corrections.

In the meantime, according to 28 June edition of the newspaper El Pais, a second assessment by the
UAFSE, completed in May 2002, has apparently revealed a much smaller number of irregularities.

Can the Commission confirm that this report is true?

Can it explain the reason for this development?

Can the Commission guarantee that it is monitoring the procedure with all necessary care and that in due
course it will forward a detailed report to Parliament in the context of the discharge for the 2001 budget?

(1) OJ C 52 E, 6.3.2003, p. 37.