WRITTEN QUESTION E-0765/03 by Patricia McKenna (Verts/ALE) to the Commission. Proposed Swedish ban on cod fishing.
Date: 2003-03-12
Institutions: European Parliament, Provisional data
Subjects: Sweden, common fisheries policy, conservation of fish stocks, fishery management, fishing regulations, fishing rights, sea fish

15.1.2004

EN

Official Journal of the European Union

C 11 E/115

Answer given by Mr Fischler on behalf of the Commission

(24 April 2003)

The Commission will make every effort to propose, as soon as possible, regulatory measures in order to
protect cetaceans from being taken as bycatch by fishing vessels. It expects to have the proposals ready
before the summer break 2003.

However, the final adoption of such Community legislation rests with the Council of Ministers, after
consultation of the Parliament.

(2004/C 11 E/115)

WRITTEN QUESTION E-0765/03

by Patricia McKenna (Verts/ALE) to the Commission

(12 March 2003)

Subject: Proposed Swedish ban on cod fishing

With respect to the proposal by Sweden to not participate in the cod fishery on several stocks, the
Commission is encouraging Sweden to consider adopting technical measures as an alternative. Both Reg.
88/98 (1) (technical measures in the Baltic) and Reg. (EC) 850/98 (2) (technical measures in other areas)
include provisions for Member States to take measures going beyond the minimum requirements set out in
these Regulations (Art. 13 of 88/98, Art. 46 of 850/98). Could the Commission please provide a list of the
cases in which Member States have availed themselves of this possibility?

For each instance, could the Commission please specify:

(cid:1) the fishery/fisheries involved, in terms of target species, area and gear type,

(cid:1) when and for how long the measures were enacted,

(cid:1) what measures were adopted by the Member State compared to the CFP requirement,

(cid:1) whether any analysis has been conducted to ascertain if there was any impact from these measures.

It is interesting to note in this respect that, in the Commission’s proposal for a new technical measures
regulation (3), to replace Reg. (EC) 850/98, there appears to be no article corresponding to Art. 46. Yet in
the explanatory memorandum, it is stated that the Commission has ensured that all relevant provisions of
Reg. (EC) 850/98 have been maintained. Could the Commission please explain why the article has been
dropped?

(1) OJ L 9, 15.1.1998, p. 1.
(2) OJ L 125, 27.4.1998, p. 1.
(3) COM(2002) 672 of 3.12.2002.

Supplementary answer
given by Mr Fischler on behalf of the Commission

(5 June 2003)

Since the setting up of the Common Fisheries Policy in 1993, the Commission was notified of numerous
national technical measures. The Commission provides in the list which is sent direct to the Honourable
Member and to Parliament’s Secretariat the measures notified to the Commission during the period 2000-
2002. That list is representative of the nature of those measures, regarding for instance the species
concerned or the area or the gear type.

C 11 E/116

Official Journal of the European Union

EN

15.1.2004

Given that these measures are taken under national responsibility, the Commission was not obliged to
ascertain if there was any impact from these measures and has not carried out an assessment in this
respect. It has become clear over the last years that the Community interest in the type of measures which
exclusively apply to fishermen from the Member State taking the measure does not justify a systematic
prior scrutiny by the Commission.

The possibility for Member States to introduce national measures, as foreseen in Article 46 of Council
Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical
measures for the protection of juveniles of marine organisms, is now in part covered by the provisions of
Article 10 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and
sustainable exploitation of fisheries resources under the Common Fisheries Policy (1). Article 10 of Council
Regulation (EC) No 2371/2002 no longer provides for prior scrutiny of measures by the Commission
before implementation. It, however, limits the possibility for Member States to take national measures to
rules applying to their nationals when they fish in waters inside their sovereignty or jurisdiction.

The Commission has sympathy for maintaining the possibility for Member States to adopt technical
measures in relation to their own fishermen under a provision similar to Article 46 Article 1 of Council
Regulation (EC) No 850/98, where these measures would also apply outside the waters under the
sovereignty or jurisdiction of the Member State concerned.

However, the heavy procedures foreseen in paragraphs (2)-(5) of Article 46 of Regulation (EC) No 850/98
for the prior scrutiny of measures by the Commission cannot be justified anymore, as the experience over
the last years has demonstrated that this procedure is not necessary for the good functioning of the CFP.
The Commission welcomes therefore that Article 10 of Council Regulation (EC) No 2371/2002 no longer
foresees such a procedure.

(1) OJ L 358, 31.12.2002.

(2004/C 11 E/116)

WRITTEN QUESTION E-0777/03

by Carlos Bautista Ojeda (Verts/ALE) to the Commission

(12 March 2003)

Subject: Comitology

The committees established pursuant to Decision 1999/468/EC (1), laying down the procedures for the
exercise of implementing powers conferred on the Commission, comprise one representative per Member
State, plus a Commission representative who acts as chairman.

Can the Commission tell me whether there is any problem in Member States’ sending representatives of
regional governments as members of these committees? How many regional representatives, if any, are
currently members of these committees?

(1) OJ L 184, 17.7.1999, p. 23.

Answer given by Mr Prodi on behalf of the Commission

(10 April 2003)

implementing powers conferred on the Commission (1)

The Commission would point out that the Member States are legally the ‘members’ of the committees set
up pursuant to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the
the
exercise of
Decision and Article 6(1) of the standard internal rules of procedure of these committees). Consequently, it
is for the Member States alone to decide on the composition of the delegations sent to represent them on
these committees. There is nothing to prevent a Member State from designating representatives of a
regional government as its representatives on a committee, provided that it is understood that these
persons represent the Member State as a whole, not the regional government.

(see Articles 3, 4 and 5 of