Date: 2009-04-21
− Mr President, first of all allow me to thank the rapporteur, Mr Romeva i Rueda, who has undertaken some impressive work on this report. What is even more noteworthy is the fact that the rapporteur has undertaken to meet with numerous international and Community stakeholders in several capitals. This file was complex and delicate. The Commission would like to thank Mr Romeva i Rueda for his work on this report. As you know, the current regulation on fisheries control dates back to 1993. It has since been amended a dozen times, in particular in 1998, to include the control of fishing effort, and in 2002 on the occasion of the last reform of the common fisheries policy . However, the resulting system has serious shortcomings that prevent it from being as effective as it should be. As both the European Commission and the European Court of Auditors have highlighted, the current system is inefficient, expensive, complex, and it does not produce the desired results. This in turn undermines conservation and effort management initiatives. Control failures thus contribute to the negative performance of the common fisheries policy. The main aim of the control reform is to ensure the respect of the CFP rules by building a new standard framework which will enable the Member States and the Commission to fully assume their responsibilities. It establishes a global and integrated approach to control, focusing on all aspects of the CFP and covering the whole chain of catch, landing, transport, processing and marketing 'from catch to consumer'. In order to achieve this, the reform is built on three axes. Axis 1: the creation of a culture of compliance and responsibility of the sector. The aim of this objective is to influence the behaviour of all stakeholders involved in the wide range of fishing activities in order to achieve compliance through not only monitoring and control activities, but as a result of an overall culture of compliance where all parts of the industry understand and accept that playing by the rules is in their own long-term interest. Axis 2: instituting a global and integrated approach to control and inspection. The proposal ensures uniformity in the implementation of the control policy, while respecting the diversity and the specific characteristics of different fleets. It establishes a level playing field for the industry by covering all aspects from capture through to the market. Axis 3: the effective application of CFP rules. The reform also aims to clearly define the roles and responsibilities of Member States, the Commission and the Community Fisheries Control Agency. Under the CFP, control and enforcement are the exclusive competence of the Member States. The role of the Commission is to control and verify that the Member States are implementing the CFP rules correctly and effectively. The current proposal does not try to change this allocation of responsibilities. However, it is important to rationalise procedures, and to ensure that the Commission has the means to actually see to it that the Member States equally implement CFP rules. I would also like to emphasise the fact that the proposal will reduce administrative burdens and make the system less bureaucratic. The Commission's impact assessment found that if the reform is adopted, the total administrative costs for operators could be reduced by 51% from EUR 78 to EUR 38 million largely through the use of more modern technologies, such as the extension of the use of ERS, VMS and AIS. Existing paper-based tools will be replaced at all stages of the fisheries chain i.e. logbook, landing declarations and sales notes except for vessels below 10 metres overall length. For fishermen, the electronic system will make it easier to record and communicate data. Once the system has been introduced, a number of reporting requirements will be removed. The system will be quicker, more accurate, less expensive and will allow for the automated processing of data. It will also facilitate cross-checking of data and information, and the identification of risks. The result will be a more rational and risk-based approach to control actions at sea and on land, the latter being inherently more cost-effective. The proposal will also remove the current obligation on Member States to transmit lists of fishing licenses or fishing permits to the Commission, which will instead be made accessible by electronic means to the national control services, to those of other Member States, and to the Commission. Now turning to the report, I would like to comment on the amendments proposed. The Commission welcomes the fact that the European Parliament supports the legislation in principle and considers that a new control regulation is necessary. Whilst the Commission can go along with certain amendments that are in line with the discussion within the Council working group, it considers it fundamental to retain certain key elements of the proposal. The Commission can agree with an important number of amendments, in particular Amendments 3, 6, 9, 10, 11, 13 to 18, 26 to 28, 30, 31, 36, 44, 45, 51 to 55, 57, 58, 62, 63, 66 to 69, 82, 84, 85, and 92 to 98. The Commission cannot, however, accept the following amendments, which could be summarised as follows: Concerning the monitoring of fishing activities: Amendment 23 modifies the margin of tolerance to be applied to logbook catch entries to 10%, instead of 5% as in the proposal. This will seriously affect the accuracy of the logbook data that is essential when using such data for cross-checks. Since such cross-checks will be used to identify data inconsistencies as indicators of illegal behaviour on which Member States should concentrate their scarce control resources, this amendment would also negatively affect the operation of the computerised validation system foreseen in Article 102 of the proposal which is considered to be the backbone of the new control system. The most important argument is, however, that fishermen can indeed estimate their catches within an accuracy level of 3%. After all, fish is stored and transported in boxes and they know how much weight of fish a box can hold. Regarding Amendment 29 on prior notifications, the Commission believes that the idea to reserve the granting of exemptions to the Council would complicate enormously the procedure and would not allow for timely reactions to developments on the ground. The Commission also finds that the reallocation of unused quotas is a management matter that should be dealt with in the context of the CFP reform. Thus, Amendment 41 on corrective measures cannot be accepted. On transhipments of stocks subject to multiannual plans, Amendment 42 deletes the entire Article 33. This is not acceptable because, as you know, transhipments have been used in the past to conceal illegal catches. For that reason it is essential to maintain Article 33 and that quantities to be transhipped are weighed by an independent body before they are taken on the transport vessel. Amendment 47 deletes the entire section on real-time closure of fisheries. By accepting this, the Commission would lose a very important instrument for the protection of stocks. Real time closures are directly linked to control issues. Therefore, this amendment cannot be accepted. Amendment 102 is not acceptable since it deletes the article on the ability for the Commission to close fisheries if so required by the Commission. A similar provision exists already in the current control regulation, and it is a necessary tool to ensure that, if a Member State fails to close a fishery, then the Commission is entitled to close that fishery in order to ensure the respect of quotas and this we did last year for the bluefin tuna and the year before for cod in the Baltic Sea. Similarly, the Commission cannot accept Amendment 103, which deletes the provisions on corrective measures. This would weaken the role of the Commission as the guardian of EU law ensuring that all Member States are able to take full advantage of their fishing opportunities. Moreover, this provision already exists in current legislation. As regards new technologies: concerning the Vessel Monitoring System and the Vessel Detection System , Amendment 19 foresees the entry into force of these electronic devices for vessels between 10 and 15 metres as of 1 July 2013, instead of 1 January 2012, as laid down in the proposal. Amendment 20 foresees that the installation of VMS devices and electronic logbooks is eligible for funding, with 80% cofinancing from the EU budget. Regarding Amendment 19, the proposal already provides for a transition period, as this obligation would only apply as of 1 January 2012, whereas the entry into force of the regulation is foreseen for 1 January 2010. Since the new control system intends to make the best possible use of modern technologies, in order to develop an efficient automated and systematic system of cross-checking, it is important that these provisions apply on the date foreseen in the proposal, so as not to further delay the implementation of the new approach to control. Regarding the concerns on the cost of introducing these new technologies, the cofinancing by the Commission is already available under Council Regulation No 861/2006, which establishes cofinancing rates, and in the framework of this Regulation the Commission will consider increasing such rates. It would, however, go against the budgetary rules to lay down in another legislative act the rates for cofinancing. Concerning recreational fisheries: on this controversial subject, I would like to indicate that, in contrast to what has been widely reported, the draft regulation does not aim to place a disproportionate burden upon individual anglers or on the leisure fishing industry. What is proposed is to subject certain recreational fisheries on certain specific stocks, namely those subject to a recovery plan, to certain basic conditions on permits and catch reporting. These requirements will also help to obtain information allowing the public authorities to evaluate the biological impact of such activities and, where necessary, to prepare the measures needed. Concerning the EP report, the Commission welcomes the fact that a definition of 'recreational fisheries' is provided for in Amendment 11, and that Parliament foresees that, where a recreational fishery is found to have a significant impact, catches should count against the quotas. It also welcomes the fact that the EP agrees that the marketing of catches from recreational fishing shall be prohibited except for philanthropic purposes. However, I would like to stress that it is important to maintain an obligation for Member States to evaluate the impact of recreational fisheries as set out in Amendment 93, and not just the possibility to do so as contemplated in Amendments 48, 49 and 50. The Commission, of course, wants to ensure that the final regulation adopted by the Council achieves a fair balance between, on the one hand, obtaining accurate information on the impact of recreational fisheries on recovery stocks following a case by case analysis and, on the other, ensuring that recreational fishers, whose catches clearly have a negligible biological impact, are not burdened with disproportionate requirements. Concerning sanctions and enforcement: Amendment 64 inserts a new Article 84 indicating that as long as a holder of a fishing authorisation has been given 'penalty points' the holder should be excluded from receiving EU subsidies or national public aid during that time. The Commission cannot accept this amendment. In the same vein, Amendment 61 cannot be accepted. In fact Article 45, point 7, of Regulation No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing already provides the possibility to ban offenders temporarily or permanently from access to public assistance or subsidies. To introduce such a rule additionally in the context of the penalty point system would be disproportionate. Amendment 107 deletes the minimum and maximum levels of sanctions proposed by the Commission. This is not acceptable, since comparable sanctions in all Member States is an important element to achieve the same degree of deterrence in all Community waters and thus create a level playing field through the establishment of a common framework at the Community level. The provision does not affect the discretion of Member States to determine which infringements are to be characterised as serious. Concerning the powers of the Commission: Amendment 71 imposes the presence of an official of a Member State during inspections carried out by the Commission, and in the same vein, Amendment 108 limits the possibility for the Commission to carry out inquiries and inspections only in cases where a Member State has been previously informed. The capacity of the Commission to undertake autonomous inspections would be seriously affected when officials of the Member State concerned have to be always present during inspections. By not providing an official, the Member State concerned could even prevent an autonomous inspection from taking place. Amendments 104, 108, 109 and 110 are also problematic since they restrict the competencies of Community inspectors, restrict their ability to perform autonomous verifications and autonomous inspections. Without such competencies for Community inspectors, the Commission cannot ensure the same quality of application of CFP rules in all Member States. Amendment 72 takes away the basis according to which Community financial assistance can be suspended or cancelled when there is evidence that provisions of the regulation have not been complied with. The Commission cannot accept this amendment. With this amendment the simple conclusion by the Commission that the Member State concerned has not taken adequate measures would be sufficient to take measures against that Member State. On the other hand, Amendments 111 and 112 limit the competence of the Commission to suspend Community financial assistance. This would seriously undermine the capacity of the Commission to apply this measure. Furthermore, the amendment does not clarify who, instead of the Commission, is supposed to take such a decision. Concerning the closure of fisheries: Amendment 73 limits considerably the cases in which the Commission will be able to close a fishery for failure to comply with the objectives of the common fisheries policy. 'Evidence' of non-respect will be much harder to prove than 'reason to believe'. In order to ensure that the rules of the CFP are equally applied in all Member States and to avoid a particular threat to sensitive stocks, it is important that the Commission has the possibility to close a fishery when the relevant Member State fails to do so itself. In the same vein, the Commission cannot accept Amendment 113, which proposes to delete this article. Amendments 74 to 78 reduce substantially the pressure on Member States to respect national quotas. Acceptance of these amendments would simply mean maintaining the status quo. The amendments reduce substantially the possibility for the Commission to take measures to ensure that Member State fishers do not fish on a regulated stock for which the Member State has no quota or has a small quota. This would be particularly detrimental in cases where such fishing effectively prevents other Member States from fishing their quotas. Amendments 79 and 80 delete Articles 98 and 100, which give the Commission the possibility of deducting quotas and to refuse quota exchange for failure to comply with the objectives of the CFP. The Commission wishes to maintain this provision, which is an important instrument, to ensure the respect of the CFP rules by Member States. It responds to the recommendation of the Court of Auditors to reinforce the capacity of the Commission to put pressure on Member States. It will also help demonstrate to national fishing industries that the respect of the CFP rules by their national administrations is also in their interest, and they can be expected to exert a positive pressure on their national administrations to that effect. Amendment 114 proposes the deletion of Article 101 on emergency measures. The Commission cannot accept this amendment since this provision is an important instrument to ensure the respect of the CFP rules by the Member States. I would once again like to thank Mr Romeva i Rueda for the report and the committee for the attention it has given to this very important issue. This report is a significant contribution to a truly efficient control system. I would like to apologise for taking up so much time.