WRITTEN QUESTION E-3130/03 by José Ribeiro e Castro (UEN) to the Commission. Fisheries — OASIS — Oceanic Seamounts.
Date: 2003-10-23
Institutions: European Parliament, Provisional data
Subjects: Azores, Canary Islands, Madeira, environmental impact, exclusive economic zone, exploitation of the seas, fishing area, marine ecosystem

C 78 E/226

Official Journal of the European Union

EN

27.3.2004

In the Gambelli case, which is pending before the European Court of Justice, the Advocate General
concluded in its opinion of 13 March 2003 that restrictions imposed on a UK established online
bookmaker were discriminatory and not justified.

In light of the foregoing, does the Commission consider that, provided a duly established and licensed EU
gaming service provider whose gains are used for humanitarian causes offers all the necessary guarantees
in the field of consumer protection and measures against organised crime, cross-border restrictions of
online gaming services supplied by it violate Article 49 of the Rome Treaty?

In this particular humanitarian context and considering the de facto cross-border nature of information
society services, what initiatives will or can the Commission undertake to safeguard that the rules of the
internal market would be applicable to such properly regulated, humanitarian services?

Answer given by Mr Bolkestein on behalf of the Commission

(18 December 2003)

The Commission notes that the European Court of Justice has recently ruled in the Gambelli case (C-243/
01) that Member States may impose restrictions on the cross-border provision of services to protect
general
interest objectives such as the protection of consumers or the maintenance of public order.
However, in line with the Court’s jurisprudence, such restrictions are compatible with the EC Treaty if they
are non-discriminatory and proportionate to these objectives and, in any event, they must serve to limit
betting activities in a consistent and systematic way. These considerations made by the Court are general
and, therefore, liable to be valid independently of the question whether gains are used for specific purposes
and in particular for humanitarian causes. It must also be stressed that the specific distribution of gains
could not be considered, per se, as being sufficient reason to consider that all the above-mentioned
requirements are automatically met.

The Commission has received a number of complaints from gambling service operators contesting the
application of existing national restrictions to cross border services. The Commission will now analyse
complaints in this area, in view of the recent ruling of the Court cited above and proceed with appropriate
action in order to ensure that the principles provided by the recent ruling of the Court in the area of
gambling are respected, including in the area of gaming whose gains are used for humanitarian causes.

(2004/C 78 E/0230)

WRITTEN QUESTION E-3130/03

by José Ribeiro e Castro (UEN) to the Commission

(23 October 2003)

Subject: Fisheries (cid:1) OASIS (cid:1) Oceanic Seamounts

The June 2003 third newsletter of ‘OASIS (cid:1) Oceanic Seamounts: an Integrated Study’ (http://www.rrz.uni-
hamburg.de/OASIS) (cid:1) a study supported by the Commission (cid:1) the proposal to open up the 200 mile
Economic Exclusion Zone around the Azores, Madeira and Canary archipelagos to Community fishing
fleets has already led to letters being sent to the Commission from environmental organisations like
Greenpeace, Seas at Risk and the World Wildlife Fund, expressing their concern at the possible adoption of
such a measure.

OASIS itself says that opening up this zone would pose an immediate threat to the oceanic seamounts
(underwater mountains), and directly impact on its scientific work.

27.3.2004

EN

Official Journal of the European Union

C 78 E/227

The Commission:

(cid:1) can it confirm receipt of the letters referred to;

(cid:1) what information does it have as to the consequences foreseen by OASIS and the environmental
organisations for the area in question, and specifically the foreseeable destruction of habitats, including
the seamounts, the decline of stocks of deepwater fish and the destruction of small-scale local fisheries,
affecting the lives of the fishermen and their families;

(cid:1) does it agree that the marine ecosystems of the three archipelagos are extremely vulnerable, and

require protection?

Answer given by Mr Fischler on behalf of the Commission

(25 November 2003)

In July 2003 the Commission received a joint letter from Greenpeace, Seas at Risk and World Wide Fund
for Nature (WWF) expressing their concern about the proposed modification of Council Regulation (EEC)
No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries
policy (1) (Western Waters) to reduce the 200 nautical mile (nm) exclusion zone around the Azores,
Madeira and the Canary Islands.

According to recent scientific reports and, in particular, the reports of the International Council for the
Exploration of the Sea (ICES), trawling-induced damage to deep-water coral reefs has been proved in
several areas. The impact of trawled gear kills the polyps and breaks up the reef structure. Recovery may
not be possible or could be seriously impaired. Damage may range from a decrease in the reef size and a
consequent decrease in abundance and diversity of associated fauna to a complete disintegration of the reef
and its replacement with a low-diversity community.

As for deep-sea fish, ICES has warned that several deep-sea stocks are now heavily exploited and in some
cases severely depleted. The Commission knows that these species are particularly vulnerable to overfishing
because of their slow ability to reproduce.

Members of Parliament as well as Portuguese local and national authorities have contacted the Commission
to express their concerns about the future of local fishing communities. The damage to these habitats are a
threat to their survival.

The Commission confirms the extreme vulnerability of seamount ecosystems in the Azores, Madeira and
the Canary Islands and the need to provide the necessary protection to these important marine habitats. To
this end, the Commission is preparing a draft proposal for a Council Regulation to prohibit the use of
bottom trawls in certain areas of the Atlantic Ocean, including the three areas the Honourable Member
refers to.

(1) OJ L 261, 20.10.1993.

(2004/C 78 E/0231)

WRITTEN QUESTION E-3134/03

by José Ribeiro e Castro (UEN) to the Commission

(23 October 2003)

Subject: Holland (cid:1) ‘Ecstasy’

In its answer to Written Question E-2309/03 (1) the Commission confirmed that ‘the Emcdda in its annual
report also indicates that the Netherlands is a major site for the production of ecstasy, amphetamines and
related drugs’ but adds that ‘evidence of production in other Member States and in east European countries
is also reported’, without specifiying the level of production.