WRITTEN QUESTION E-0212/04 by Simon Murphy (PSE) to the Commission. Driftnets.
Date: 2004-01-30
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, fishing net, fishing regulations

C 84 E/550

Official Journal of the European Union

EN

3.4.2004

As far as takeover activity is concerned, the Honourable Member should note that the dealer sector in
Europe is highly fragmented, and levels of concentration are generally insufficient for the Community
merger rules to be called into play.

It would therefore appear that the Commission has no grounds to take any action in respect of Ford’s
move to consolidate its Italian distribution network.

(1) Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to

categories of vertical agreements and concerted practices in the motor vehicle sector, OJ L 203, 1.8.2002.

(2004/C 84 E/0627)

WRITTEN QUESTION E-0209/04

by Gabriele Stauner (PPE-DE) to the Commission

(30 January 2004)

Subject: Selection procedures of the European Agency for Safety and Health at Work

In Official Journal (1), the European Agency for Safety and Health at Work announced that it would be
organising a series of selection procedures to recruit staff. According to the announcement:
‘These
procedures will be published in English and French only’.

However Article 17 of Council Regulation (EC) No 2062/94 (2) of 18 July 1994 establishing a European
Agency for Safety and Health at Work states that: ‘The language arrangements of the institutions of the
Community shall apply to the Agency’.

Under Article 22 of this Regulation, the Commission examines the legality of the Agency’s acts.

Does the Commission believe that the Agency is acting legally by publishing the above selection procedure
in English and French only?

(1) OJ C 8 A, 13.1.2004.
(2) OJ L 216, 20.8.1994, p. 1.

Answer given by Mr Kinnock on behalf of the Commission

(20 April 2004)

The Commission pays careful attention to the selection procedures applied by the various Community
Agencies, including respect for the provisions relating to the use of, and fluency in, official languages.

It takes the view, however, that in certain circumstances the service interests of an Institution or Agency,
including its own internal needs, may justify the requirement for a knowledge of certain languages. This
will obviously be the case if the field of activity of a post (or posts) to be filled means that the specific
duties involved call for knowledge of one particular language or another.

(2004/C 84 E/0628)

WRITTEN QUESTION E-0212/04

by Simon Murphy (PSE) to the Commission

(30 January 2004)

Subject: Driftnets

Is the Commission aware that despite the EU ban on illegal driftnetting, on 27 March and 4 April 2003
the Italian Ministry of Agriculture and Forestry issued two decrees which allow fishers who have converted
their ‘spadare’ driftnets (wide mesh driftnet used almost exclusively for swordfish) into ‘ferrettare’ (a smaller

3.4.2004

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Official Journal of the European Union

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mesh driftnet) to add a ‘reta da posta fissa’ (a net that is launched and then sits there waiting for fish to get
entrapped) not longer than 5km to their current gear, provided that they acquire an additional licence?

The Italian fishing industry has praised these decisions, while there has been strong opposition from
environmentalists and the media.

There is also growing evidence that some Italian fishing vessel owners have created fishing cooperatives in
Mediterranean countries outside the EU in order to continue their driftnet fishing undisturbed.

Would the Commission please provide details of its discussions with the Italian Government on these
decrees and other concerns, and what action it plans to take to ensure full enforcement of the EU ban on
driftnetting?

Answer given by Mr Fischler on behalf of the Commission

(10 March 2004)

Community law prohibits only the use of driftnets targeting a certain group of highly migratory species
listed in the Annex VIII of Council Regulation (EC) No 894/97 (1) as it was last modified by Council
Regulation (EC) No 1239/98 (2); other driftnet fisheries are therefore permitted.

In 1995, Italy reorganized and rationalized the use of various fishing gears within a new system of fishing
licences. Under the collective term of ‘Ferrettara’ different traditional driftnet fisheries were classified using
mesh sizes smaller than 180 millimetres (mm) and, therefore, not targeting swordfish or albacore. Since
then, both a phasing out process and further regulatory actions for small mesh size driftnets has been
undertaken to comply with the Community law.

Nowadays, the ‘ferrettara’ is regulated to comply with the list of species of Annex VIII and can operate only
with a mesh size smaller than 100 mm, with a maximum length of 2,0 kilometres (km) and at a distance
of the coast shorter than three nautical miles. Its regulation is in line with Community law.

The reduced economic profitability of fishing vessels having only a fishing licence for the ‘ferrettara’ has
led the Italian authorities to provide them with authorisation to use an additional fishing gear category
which should allow them to extract their livelihood from the sea.

The overall height limitation of four metres for these bottom set nets should prevent circumvention of the
law regulating the use of driftnets.

The Commission is not aware of any Italian fishing vessel owner that has created fishing cooperatives in
other countries than EU Mediterranean countries.

However, Article 1 of Council Regulation (EC) No 2371/2002 (3) may make it possible to extend, under
certain conditions, the application of the provisions of the common fisheries policy to activities practised
by nationals of Member States.

The Commission will continue to monitor
Community legislation through its inspection service.

the proper

implementation of, and compliance with,

(1) Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation

of fishery resources, OJ L 132, 23.5.1997.

(2) Council Regulation (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97 laying down certain

technical measures for the conservation of fishery resources, OJ L 171, 17.6.1998.

(3) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of

fisheries resources under the Common Fisheries Policy, OJ L 358, 31.12.2002.