WRITTEN QUESTION P-1683/03 by Paulo Casaca (PSE) to the Commission. Clarification of Council Regulation No 2340/2002.
Date: 2003-05-15
Institutions: European Parliament, Provisional data
Subjects: Spain, United Kingdom, conservation of fish stocks, fishing area, fishing fleet, fishing regulations, fishing rights

6.2.2004

EN

Official Journal of the European Union

C 33 E/153

Answer given by Mr Fischler on behalf of the Commission

(17 June 2003)

On 21 January 2003 the Commission sent its proposed reform of the common agricultural policy (CAP) (1)
to the Council of ministers of agriculture of the Union and to Parliament. The proposals for regulations
included one establishing common rules for direct support schemes and support schemes for producers of
certain crops.

Article 53 of that draft Regulation proposes a ban on cultivating permanent crops (e.g. fruit trees, vines,
hot-house crops) on land eligible for the direct payment. This means the proposal currently being
discussed by the Council and Parliament would allow the growing of annual fruit crops and horticultural
crops.

A number of representatives of traditional producers of fruits and vegetables have already expressed
concern about possible distortions of competition which this authorisation might provoke.

Because of the difficulties of carrying out checks, the Commission would have preferred to authorise the
growing of the crops in question on land eligible for the direct payment to the exclusion proposed in the
July 2002 Communication on the medium-term review.

However, at the meeting of the Council of Union ministers of agriculture in Luxembourg on 8 April 2003,
the Member of the Commission responsible for agriculture indicated his willingness to solve this problem.

During that Council meeting, he stated that a producer who received the single payment per farm should
normally be free to take decisions about what to do with the land. However, it was possible that in some
regions this could create competitive disadvantages for traditional producers specialising in fruit and
vegetables. It therefore seemed acceptable to ensure that the Member States could ban the growing of fruit
and vegetables on land eligible for a direct payment.

(1) COM(2003) 23 final.

(2004/C 33 E/150)

WRITTEN QUESTION P-1683/03

by Paulo Casaca (PSE) to the Commission

(15 May 2003)

Subject: Clarification of Council Regulation No 2340/2002

Council Regulation No 2340/2002 (1) is not in line with the Commission proposal in the part concerning
compliance with the provision of Council Regulation No 2027/95 (2) of 15 June 1995, in the wording
given it by Regulation No 149/1999 (3) of 19 January 1999 and as referred to in the Commission’s reply
to Written Question E-1849/02 (4), regarding the limitation of the fishing effort of the UK and Spanish
fleets for the species in question in the area under Portuguese jurisdiction or sovereignty in division ICES-X
or CECAF 3.4.

Given that, as the Commission stated in its reply to Written Question P-0026/03 (5), the above-mentioned
limitation of the fishing effort is currently fully in force, the omission has no legal consequences.

In this connection, does the Commission not consider it necessary to clarify the matter so as to ensure
compliance with Community law and prevent irreparable damage being caused to the biological balance of
the fish stocks in the areas concerned, in view of the full documentation that has been produced by the
scientific community in publications of which the Commission is aware, as is clearly recognised in its
proposal COM(2002) 739?

(1) OJ L 356, 31.12.2002, p. 1.
(2) OJ L 199, 24.8.1995, p. 1.
(3) OJ L 18, 23.1.1999, p. 3.
(4) OJ C 28 E, 6.2.2003, p. 148.
(5) OJ C 222 E, 18.9.2003, p. 138.

C 33 E/154

Official Journal of the European Union

EN

6.2.2004

Answer given by Mr Fischler on behalf of the Commission

(12 June 2003)

On fishing effort in division X, the Honourable Member is asked to refer to the Commission’s reply to his
Written Question E-1849/02 (1). The Commission reiterates its position set out in that reply on application
of Council Regulation (EC) No 2340/2002 of 16 December 2002 fixing for 2003 and 2004 the fishing
opportunities for deep-sea fish stocks.

The new terms of access to the division in question will
arrangements now before the Council (2).

form part of the new ‘Western Waters’

(1) OJ C 28 E, 6.2.2003.
(2) COM(2002) 739 final.

(2004/C 33 E/151)

WRITTEN QUESTION E-1685/03

by Brigitte Langenhagen (PPE-DE) to the Commission

(20 May 2003)

Subject: Digital tachographs

With the adoption of Regulation 2135/98 (1) it was decided that a new generation of digital tachographs
would be introduced in the European Union. The regulation can only come into force when the technical
specifications in Annex 1B are adopted and published. This has taken place in the form of Regulation
1360/2002 (2), published in Official Journal L 207 of 5 August 2002.

In the basic regulation 2135/98 certain periods of time are laid down for the introduction of the digital
tachograph. These periods begin on the day of publication of Regulation 1360/2002. They relate to
installation of digital tachographs in newly licensed vehicles (24 months according to Article 2(1)(a)), the
issuing of driver cards by the Member States (21 months according to Article 2(2)) and component type-
approval (12 months according to Article 2(3)).

How does the Commission assess compliance with these deadlines at present? What is the Commission’s
assessment of the situation as regards type-approval? What steps will the Commission take if type-approval
has not been issued by 5 August 2003? When will the Commission launch the codecision procedure to set
new deadlines, in accordance with Article 2(3) of Regulation 2135/98, should it become clear in advance
of 5 August 2003 that type-approval will not be available in time to meet the deadline? What alternative
ways has the Commission considered of ensuring that digital tachometers are introduced? What is the
Commission’s assessment of the situation as regards the issue of driver cards by the European Union
Member States in time to meet the deadline?

(1) OJ L 274, 9.10.1998, p. 1.
(2) OJ L 207, 5.8.2002.

Answer given by Mrs de Palacio on behalf of the Commission

(2 July 2003)

The procedure for type approval is described in Annex 1B to Commission Regulation (EC) No 1360/2002
of 13 June 2002 adapting for the seventh time to technical progress Council Regulation (EEC) No 3821/85
in road transport (1). A type approval certificate can only be granted if a
on recording equipment
manufacturer successively holds a security certificate, a functional certificate and an interoperability
certificate. To obtain an interoperability certificate manufacturers need to follow an exceptional procedure
which can take several months. At present, none of the tachograph and card manufacturers have started
the interoperability procedure. This leads to the conclusion that there will probably be no type approval