WRITTEN QUESTION P-0377/04 by Antonios Trakatellis (PPE-DE) to the Commission. Sustainable management of fisheries resources in the Mediterranean and measures to combat illegal fishing.
Date: 2004-02-06
Institutions: European Parliament, Provisional data
Subjects: Mediterranean Sea, Mediterranean third countries, common fisheries policy, conservation of fish stocks, fishing controls, fishing regulations

3.4.2004

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Official Journal of the European Union

C 84 E/781

(2004/C 84 E/0877)

WRITTEN QUESTION P-0358/04

by Werner Langen (PPE-DE) to the Commission

(6 February 2004)

Subject: Proceedings concerning the German deposit on drinks cans

In October 2003 the Commission opened infringement proceedings concerning the German deposit on
drinks cans.

Given that the deadline for the Federal Republic of Germany to issue a response has passed, and that the
regulations pose a threat not only to intra-Community trade, but also to production plants in Germany,
can the Commission answer the following questions:

1. What stage has been reached in the proceedings?

2. What arguments has the Commission put forward against the German regulation?

3. Does the Commission believe it would make sense to immediately suspend the German regulation on

deposits on drinks cans?

4. What measures are planned, and when will they be implemented?

Answer by Mr Bolkestein on behalf of the Commission

(3 March 2004)

1.
On 21 October 2003, the Commission decided to send the Federal Republic of Germany a letter of
formal notice. Germany responded by letters dated 22 December 2003 and 22 January 2004. The
Commission is currently studying Germany’s reply.

2.
In its letter of formal notice, the Commission criticised the practical implementation of the deposit
and return obligation laid down in the Verpackungsverordnung (Packaging Regulation) because of the
absence of comprehensive and mutually compatible return systems. If there is no functioning, nationwide
arrangement for deposit clearing between return systems, it is reasonable to assume that retailers might
decide to stop stocking some or all of the beverages concerned. The Commission is therefore currently
examining whether and, if so, in what way the deposit and return system, in its current form, has the
effect of restricting the import of beverages into Germany. As regards the problem of ‘Insellösungen’
(‘stand-alone’ or ‘individual’ solutions), these have the effect of increasing production costs and can restrict
imports from other Member States, because manufacturers have to set up their own production/packaging
lines for some parts of the German market.

3.
The Federal Republic of Germany must meet its obligations under Community law. To the extent
that the choice of instrument lies with the individual Member State, it is up to the latter to decide which
instrument is most appropriate.

The Commission will take appropriate measures pursuant to Article 226 of the EC Treaty, in the light

4.
of both its examination of Germany’s reply and its ongoing assessment of market conditions.

(2004/C 84 E/0878)

WRITTEN QUESTION P-0377/04

by Antonios Trakatellis (PPE-DE) to the Commission

(6 February 2004)

Subject: Sustainable management of fisheries resources in the Mediterranean and measures to combat

illegal fishing

Owing to unreasonably intensive and illegal fishing, fisheries stocks in Greece and other Mediterranean
countries have fallen significantly: this has led to an environmental imbalance in the marine ecosystem.

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3.4.2004

As part of the viable exploitation of the fisheries resources and stocks of the Mediterranean by the Union,
special emphasis is being given to a policy of conservation, and it is intended to extend the fisheries
jurisdiction of Member States in the Mediterranean as part of a broader, multilateral initiative involving the
other coastal states of the region (1).

Given the failure of the Union to take any action to promote the sustainable development of fisheries
resources and the inability to combat illegal fishing and given also that the European Community has
exclusive jurisdiction as regards the external dimension of
the
Commission say:

the Common Fisheries Policy, will

1. What measures has it taken to ensure the sustainable management of fisheries stocks from an

economic, social and environmental viewpoint in Greece and in the marine fisheries areas?

2. How can fishing stocks in European and non-European waters of the Mediterranean be protected from

unreasonably intensive and illegal fishing by third countries (Turkey, for instance)?

3. What measures has it taken to harmonise the management and exploitation of the common resources
of the Mediterranean and controls and penalties in respect of illegal fishing in international waters so
as to prevent stocks being exhausted? Which penalties have been imposed or may be imposed on
states which protect or shelter illegal fishing vessels (flying flags of convenience or without any flag)?

4. What steps have been taken to enable the Union to extend the fisheries jurisdiction of Member States
in the Mediterranean through a multilateral approach involving the other coastal states of the
Mediterranean with the aim of achieving the viable management of resources and ecosystems?

(1) See COM(2003) 589, 9.10.2003, proposal for a regulation concerning management measures for the sustainable
exploitation of fishery resources in the Mediterranean Sea and amending Regulations (EC) No 2847/93 and (EC)
No 973/2001.

Answer given by Mr Fischler on behalf of the Commission

(4 March 2004)

Council Regulation (EC) No 1626/94 of 27 June 1994 (1), as last amended by Council Regulation (EC)
No 2550/2000 laying down certain technical measures for the conservation of marine resources in the
Mediterranean (2), is currently enforced in the Mediterranean and, since June 2000, it ended the derogation
allowing Greek trawlers both to use a cod-end mesh size smaller than 40 millimetres (mm) and to operate
in very coastal areas (less than 3 Nautical Miles (NM) off the coast or at a depth less than 50 metres (m)
whichever is closer). These provisions, if properly implemented and inspected by the Greek Authorities,
should be useful to resolve some problems of Greek fisheries.

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable
exploitation of fisheries resources under the Common Fisheries Policy (3) represents the fishing manage-
ment framework upon which the Commission bases its proposals for sustainable management of all
Community fisheries. This Regulation is an important step forward that allows for a more effective
adjustment of fishing capacity, that sets up a multi-annual perspective both for management and recovery
plans and that establishes a stronger Community control and enforcement system.

The Commission, conscious that the current Mediterranean Regulation no longer meets the needs of the
Mediterranean fisheries, and taking account of the guiding principles of Regulation (EC) No 2371/2002,
issued in October 2003 a proposal for a Regulation that is in line with the reflections presented both in
the Green Paper on the future of the common fisheries policy (CFP) and in its Action Plan (4).

In the Commission’s view such a proposal, by putting together technical measures and management of
fishing effort, should lead to more responsible and sustainable fisheries in the Mediterranean. Furthermore,
by providing for the establishment of national management plans for certain fisheries, the proposal
represents a compromise between the need to secure a harmonised Community framework and a flexible
approach which may allow taking into account sub-regional differences and specificities. A harmonised

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Community framework, while considering sub-regional specificities, is a prerequisite not only to ensuring a
level playing field but also to putting forward fisheries management proposals in the wider international
framework.

Illegal fishing is a problem that may affect not only third country fishing vessels but also Community ones;
for example, Greek waters and resources are negatively affected both by the illegal use of explosive and
poor compliance with the legal cod-end mesh size in trawl fisheries. These problems must be tackled
within the Community, not only at international level.

The outcome and final declaration of the Venice Ministerial Conference, organized by the Commission in
November 2003, have provided a strong political basis on which to progress more speedily and effectively
towards sustainable fisheries management in the Mediterranean. The extension of fisheries jurisdiction was
identified as an important means of achieving this goal.

In particular, the maturing debate of possible coordinated extension of national jurisdictions on open sea
together with the likely imminent
the new General Fisheries Commission for the
Mediterranean (GFCM) autonomous budget will allow both conservation and compliance issues to be
better addressed in a coordinated manner at Mediterranean level.

ratification of

(1) OJ L 171, 6.7.1994.
(2) OJ L 292, 21.11.2000.
(3) COM(2001) 135 final.
(4) COM(2002) 535.

(2004/C 84 E/0879)

WRITTEN QUESTION E-0396/04

by Camilo Nogueira Román (Verts/ALE) to the Commission

(16 February 2004)

Subject: Guantánamo-on-Thames?

This question is being asked in the European press with regard to the situation of foreign prisoners in the
UK, who, despite the fact that they have been declared innocent, remain held in the Belmarsh High
Security Prison in London, under the provisions of the anti-terrorist laws enacted after 11 September
2001. These laws allow the British authorities to keep foreigners suspected of constituting ‘a threat to
national security’ in prison indefinitely, thus violating the European Convention on Human Rights. What is
the Commission doing in terms of approaching the UK Government to resolve this serious and intolerable
situation?

Answer given by Mr Vitorino on behalf of the Commission

(6 April 2004)

On the basis of information available to the Commission, it appears that the particular situation to which
the Honourable Member refers does not fall within the scope of Community law.

(2004/C 84 E/0880)

WRITTEN QUESTION E-0397/04

by Camilo Nogueira Román (Verts/ALE) to the Commission

Subject: Legalising irregular migrants working in the Union

(16 February 2004)

Several million irregular immigrants work in the EU, and to date, the European Institutions have not taken
any decisions comparable to those of the President of the USA, who has just forwarded to Congress