WRITTEN QUESTION E-2536/02 by Camilo Nogueira Román (Verts/ALE) to the Commission. Seizure of Galician-owned British fishing boats — the recent seizure of the fishing vessel Hermanos Yañez.
Date: 2002-09-11
Institutions: European Parliament, Provisional data
Subjects: Galicia, United Kingdom, anti-discriminatory measure, fishing rights, fishing vessel, foreign capital, law of the sea

C 92 E/182

Official Journal of the European Union

EN

17.4.2003

As far as the Commission is aware, no final decision by the national authorities has yet been taken as to
the re-opening of the Iron Rhine.

The Commission closed the complaint case against the Netherlands as the re-opening of the Iron Rhine, to
the extent that it had been practised until 1994, did not infringe upon the Birds and Habitats Directives.
An international assessment of the project has shown that the re-opening of the existing line would be the
most environmentally friendly and the most economical option. In addition, it is improbable that restoring
railway traffic would significantly affect the area’s conservation values. The sites ‘Meinweg’ and ‘Weerter en
Budelerbergen’, that will possibly be affected by the re-opening of the Iron Rhine, have been designated as
special protection areas under the Birds Directive and notified as proposed sites of Community importance
under the Habitats Directive. At the time of the respective designation and notification, however, the
railway had already been operational for more than 100 years in the area.

The complaint cases against Germany are still pending. From the information available to the Commission
it appears that sites protected under the Habitats Directive or the Birds Directive will not be affected in
Germany. The Commission currently is assessing whether the requirements of Directive 85/337/EEC are
being respected. However, taking into account that no decision has been taken on the project, an
infringement of this Directive appears unlikely at the moment.

The Commission is not aware of the conclusions of 22 May 2002 to which the Honourable Member
refers. As regards the Treaties of 1839 and 1873, in its reply to written question E-2381/99 by Mr Staes (4),
the Commission has already stated that it is not for it to judge the effects of the Treaties and that the
application of the Community law will not necessarily obstruct the application of the Treaties. It also said
that it is for the Member States concerned to assess and determine the future use of the Iron Rhine railway
line.

(1) OJ L 175, 5.7.1985, as amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.
(2) OJ L 103, 25.4.1979.
(3) OJ L 206, 22.7.1992.
(4) OJ C 280 E, 3.10.2000.

(2003/C 92 E/240)

WRITTEN QUESTION E-2536/02

by Camilo Nogueira Román (Verts/ALE) to the Commission

(11 September 2002)

Subject: Seizure of Galician-owned British fishing boats (cid:1) the recent seizure of

the fishing vessel

‘Hermanos Yañez’

The Galician-owned fishing boat ‘Hermanos Yañez’ sailing under the British flag was recently seized by
British navy patrol boats whilst it was fishing in Community waters. It was apparently taken to the port of
Falmouth to ascertain how large its catch actually was. Since July four Galician-owned vessels sailing under
the British flag have been seized and obliged, for various reasons, to sail into a British port. Do the British
authorities treat vessels belonging to United Kingdom citizens in the same way? Does the Commission
consider that the British authorities are behaving arbitrarily in monitoring vessels flying the British flag and
fishing in adjacent Community waters, since they treat vessels differently depending on ownership of the
vessels and hence Galician vessels may be the subject of discrimination? Has the Commission carried out
any inspection to ascertain whether such discrimination exists?

Answer given by Mr Fischler on behalf of the Commission

(15 October 2002)

The Commission has been informed, on 16 August 2002, of the detention on 10 August 2002 of the
United Kingdom registered and licensed vessel ‘Hermanos Yañez’ (Registration number AR870) for failing
to comply with Articles 19b, c and e of Council Regulation (EEC) No 2847/93 of 12 October 1993
establishing a control system applicable to the common fisheries policy (1), as amended. The British
authorities are obliged under Community law to inspect and follow up any violations by masters of fishing
vessels of the rules of the Common Fishery Policy.

17.4.2003

EN

Official Journal of the European Union

C 92 E/183

The Commission is not aware of any cases of discrimination by British surveillance and control authorities
regarding inspection and detention of certain Community fishing vessels flying the flag of the United
Kingdom.

From January to June 2002, Commission Fishery inspectors made seven missions to the United Kingdom
in order to verify, on the spot, the implementation of Community rules by the British authorities. The
purpose of these missions was to verify the implementation of Title II of Council Regulation (EEC)
No 2847/93 recording and reporting of catches). Any practices of discriminatory behaviour by British
authorities have not been reported by Commission Fishery inspectors.

(1) OJ L 261, 20.10.1993, as amended by a Proposal for a Council Regulation, OJ C 213 E, 31.7.2001.

(2003/C 92 E/241)

WRITTEN QUESTION P-2539/02

by Daniela Raschhofer (NI) to the Commission

(5 September 2002)

Subject: EU funding for flood aid

Over the past few weeks, Austria, Germany and the Czech Republic have been devastated by floods of
hitherto unimagined proportions. Thousands of people have been deprived of their livelihoods; their lives
have been destroyed. The cost of the damage caused by the floods amounts to several billion euro.

In the light of this catastrophe:

(cid:1) Are funds available from the agriculture budget to ensure that the victims receive rapid financial

assistance, as was the case during the BSE crisis, for example?

(cid:1) If so, how much financial assistance could be granted, and in what form?

Answer given by Mr Fischler on behalf of the Commission

(2 October 2002)

The Commission has, at its meeting of 28 August 2002, adopted a broad package of measures and
initiatives of short- and medium-term support to people in the regions affected by the flooding. Details of
this package have been communicated to the Parliament and the Council (‘The European Community
response to the flooding in Austria, Germany and several applicant countries’ (1)).

One key part of the package consists of the proposal to create an Union Solidarity Fund, which puts at the
disposal of Member States and countries with whom accession negotiations are under way affected by
disasters up to EUR 1 billion as from 2002. The solidarity fund is to support immediate relief actions. The
Commission seeks the agreement of the budget authority (Parliament and Council) on this proposal.

As regards agriculture and rural development, the Commission would like to highlight the following
essential elements:

(cid:1) The payment of an advance in direct payments for arable crops, already decided by the Commission,
allows Germany to pay 50 % in advance to producers affected by floods in certain areas, between
1 September 2002 and 15 October 2002. This is to meet immediately liquidity needs. To this end,
Community funds of EUR 560 million are shifted from the 2003 budget to 2002.

(cid:1) The use of land set aside under the arable crops scheme for feeding purposes has already been
authorised as from 9 August 2002 onwards on condition that at least 33 % of the forage area of the
holding has been flooded in certain regions of Germany, Ireland, Austria and the United Kingdom.