WRITTEN QUESTION E-2736/03 by Glyn Ford (PSE) to the Commission. Monkfish quotas.
Date: 2003-09-11
Institutions: European Parliament, Provisional data
Subjects: authorised catch, catch quota, conservation of fish stocks, discarded fish, fishing area, fishing regulations, sea fish

27.3.2004

EN

Official Journal of the European Union

C 78 E/159

The aim of the compliance code is on the one hand to prevent and resolve conflicts of interest and on the
other hand to prevent dealing on stock markets on the basis of non-public information which comes to
the knowledge of DG Competition staff.

As far as conflicts of interest are concerned, the code states that ‘the official must not own shares, or
derivatives (options, warrants, etc.) linked to shares, in the company concerned’. Should a potential or
apparent conflict of interest (e.g. if the case handler or a member of his or her close family owns shares in
one of the companies involved in a case) arise in a particular case, the official is required to report this to
his superior as soon as it becomes known. Appropriate measures can then be taken by the hierarchy,
including if necessary a reallocation of the case to another official.

In terms of insider dealing the code states that ‘officials should never themselves deal, or instruct or advise
in securities on the stock markets on the basis of’sufficiently precise non-public
others to deal,
information‘(expression used in the Belgian Act) which is’liable
the
price‘(expression used in the Belgian Act)’.

significantly to influence

These rules have been implemented since 1999. Whilst there is no specific ‘surveillance list’ or ‘black list’,
all staff have to sign a written declaration that they accept and are willing to apply these specific rules on
conflict of interest and insider dealing as well as the more general security instructions for ‘handling
classified information in DG Comp’. DG Competition requests officials in other DGs who are involved in
merger cases through interservice consultations to sign the same declarations.

According to the internal control standards the Commission has adopted (specifically control standard
number 1 concerning ‘ethics and integrity’), DG Competition has made available several documents to staff
(including the Staff Regulations, Code of good administrative behaviour, Guide to testing for vulnerability
to fraud). These documents, including the ethical code for staff of DG Competition established in 1999
referred to above, are available on the intracom website of DG Competition and hence easily accessible to
all staff of DG Competition.

In addition, DG Competition has developed specific rules and guidelines on assignments and outside
activities of officials and former officials, including when officials apply for ‘Leave on Personal Ground’.

The application of these rules is supervised by the management of the directorates and by the security
officer in DG Competition’s ‘Resources’ Directorate. Moreover, a Deputy Director General has specific
responsibility for matters of security and ethics.

These issues are discussed regularly in management meetings and repeated in communication to staff to
increase staff awareness, ongoing attention and sensitivity. The management of DG Competition has not
discovered any cases of suspected insider dealing, nor has it ever been alerted of any such suspicions by
any stock market authority.

(2004/C 78 E/0163)

WRITTEN QUESTION E-2736/03

by Glyn Ford (PSE) to the Commission

(11 September 2003)

Subject: Monkfish quotas

Recent reports say that Cornish fishermen are putting their livelihoods and communities at risk because
they have to throw back large amounts of their catch so as to comply with excessively strict quotas. In the
light of this situation, will the Commission relax the restrictions on the populations of certain species, for
example Monkfish, so as to prevent the loss of large quantities of dead fish that are thrown overboard?

C 78 E/160

Official Journal of the European Union

EN

27.3.2004

Answer given by Mr Fischler on behalf of the Commission

(22 October 2003)

The Commission is aware of reports of large amounts of discarding of small anglerfish (also called
monkfish) in the International Council for the Exploration of the Sea (ICES) Division VII (South-West
Cornwall). This appears to be due to a higher than expected abundance of small anglerfish on the fishing
grounds, in an area where a mixed fishery with megrims and sole is pursued.

It is clearly important to avoid waste caused by killing and discarding many small fish. However, allowing
more fishing of these small fish is not a solution by itself, since many of these fish are too small to be
marketed and the fish which are killed will not have a chance to grow and produce higher yields for the
long term. It is also necessary to moderate fishing effort so that healthy adult stocks are maintained.

The Commission services requested additional scientific advice from ICES on this matter on 28 August
2003. ICES’ revised advice is that the sum of the total allowable catches (TACs) for areas VII and VIII a, b,
d, e could be increased from 19 372 tonnes (t) to 21 000 t for 2003, if this can be implemented without
increased targeting of small anglerfish and without increased effort.

Based on this advice, the Commission services are preparing for the consideration of the Commission a
proposal to increase the TACs for Division VII from 15 810 t to 17 138 t and for Sub-Divisions VIIIabde
from 3 562 t to 3 862 t. The increase is allocated to two TACs because biological advice indicates that the
stocks concerned are distributed in both areas. The Commission services are also keeping under review
complementary measures that would avoid increased targeting of small anglerfish and also avoid increases
in effort.

These proposals will be prepared for a decision at the Agriculture and Fisheries Council of 17 and
18 November.

(2004/C 78 E/0164)

WRITTEN QUESTION E-2739/03

by Bernd Lange (PSE) to the Commission

(11 September 2003)

Subject: Leader+: pre-financing by promoters

Under the Leader+ programme, proof of the completed implementation of the intended measures must be
provided following the project’s approval. This includes producing receipted invoices, meaning that the
promoters must settle the bill before being reimbursed and must therefore be able to pre-finance their own
measures. For financially weak promoters, however, this is often not possible.

Is the Commission aware of this problem?

Is it possible for promoters who are not able to provide upfront funding for their measures to be exempt
from the requirement to produce receipted invoices?

Answer given by Mr Fischler on behalf of the Commission

(7 October 2003)

The Commission knows about and regrets the difficulties spoken of by the Honourable Member that
recipients of assistance under the Leader+ programme may encounter. The rule of reimbursing only
expenditure actually incurred is, however, a common one for all payments from the four Community
Structural Funds, including the European Agricultural Guidance and Guarantee Fund Guidance Section,
and applies to all types of programme. It is a matter of compliance with Article 32(1) third subparagraph