15. We consider that the following raises
questions of political importance. We make no recommendation for
its further consideration, but suggest that it would be relevant
to the annual fisheries debate on the Floor of the House:--
Ministry of Agriculture, Fisheries and
Food
(17612)
11016/96
COM(96)493 |
Commission Report on monitoring Community conservation and
management measures applicable to third country fishing
vessels. | | Legal base: |
-- |
Background
15.1 The report has been produced following an
undertaking made by the Commission at the December 1995 Fisheries
Council to review and report on the monitoring of the activities
of third country vessels fishing in Community waters.
The Commission report
15.2 The report deals with the monitoring of
conservation and management measures applicable to third country
vessels fishing in Community waters and third country vessels
landing or trans-shipping fishery products in Community ports.
It points out that the Community has granted access in 1996 to
quotas totalling more than 700,000 tonnes in Community waters and
that, in exchange for these quotas, Community fishermen have
access to catches totalling about 550,000 tonnes in third country
waters. Access by third country vessels not covered by fishery
agreements is prohibited.
15.3 The monitoring measures were developed in the
late 1970s and, according to the report, need to be updated and
better enforced. The Commission considers that the competent
authorities of the coastal Member State should carry out
inspections of third country vessels at sea in order to verify
compliance with conservation measures and the veracity of the
quantities registered in the log book. At present the Commission
relies on reports from the third country vessels indicating
whether they have fished up to their quota. When a quota is
exhausted the fishing must cease. The number of authorised third
country vessels is around 500, the majority of which fly the flag
of Norway.
15.4 The report contrasts the very strict controls
operated by Norway on Community and third countries fishing in
Norwegian waters. Compared to about 500 inspections by Community
Member States, the Norwegian authorities carry out almost 15,000
inspection annually, of which about 2,500 are at sea. About 900
of these inspections are carried out annually on Community
fishing vessels.
15.5 The Norwegian coastguard has 13 surveillance
vessels, two large planes and six helicopters and can call on an
additional 16 vessels and two light aircraft. It requires
Community vessels to present themselves at designated check
points en route to and from the fishing grounds where they can
be inspected to see whether the catch corresponds with their log
books. If discrepancies are found then, following warnings,
catches may be seized. Detention, fines and expulsion from the
fishing grounds are not uncommon. In contrast, the monitoring
of third country vessels fishing in Community waters does not
provide the same guarantees that the catches reported correspond
to the real catch retained on board. Vessels can land catches
at interim ports, reporting only the catches landed after a round
trip in their home port, and can also omit to report, or
misreport, catches during the last days before leaving Community
waters.
15.6 The Commission report suggests various
measures that can be taken to strengthen the monitoring of third
country vessels including requiring third country vessels to
implement satellite tracking once Community vessels have adopted
it and the sharing, in real time, of all data on all activities
by third country vessels between all control authorities
concerned and the Commission.
15.7 The Commission identifies three geographical
areas:
-- Western waters (west of 4o West) where
mainly Norwegian vessels operate and where a check-point could
be set up for possible inspection;
-- In the North Sea and the Skagerrak where the Community
and Norway manage joint stocks monitoring measures could be
agreed with Norway. Check points would not be appropriate for
the North Sea but more frequent inspection at sea and ashore as
well as exchange of information on landings, sales and
enforcement could be an appropriate enforcement strategy;
-- Reinforced control measures in the Baltic would avoid
imbalances and possible distortions of competition between the
different fleets. All contracting parties to the Baltic
Commission should ensure effective enforcement and conservation
and management measures agreed by the contracting parties.
15.8 The report concludes that it falls to the
Member States (Sweden, Denmark, Germany, Netherlands, United
Kingdom and Ireland) to take appropriate measures to ensure that
within their territory and maritime waters the number of
inspections of third country vessels is increased and the
appropriate sanctions laid down in the Community Regulation
effectively implemented. The Commission would ensure that, where
appropriate, licences and special fishing permits were revoked
for vessels breaking the rules.
The Government's view
15.9 In his Explanatory Memorandum of 18 November
the Minister of State at the Ministry of Agriculture, Fisheries
and Food (Mr Baldry) comments that:
"The Government considers that enforcement should
be commensurate with ensuring the conservation of fish stocks and
that there should be effective control of third country vessels
fishing in Community waters. Some 270 UK vessels periodically
fish in Norwegian and other third country waters and there is
fishing activity by Norwegian, and to a lesser extent Faroese,
vessels in UK waters. The UK carried out 413 inspections of
third country fishing vessels in 1995 -- probably the largest
number of any Member State in its national waters" (see
Annex below).
Conclusion
15.10 The Commission report raises matters of
serious concern. In view of the stringent measures being
considered for the conservation and management of fishery
resources in Community waters, it is important that enforcement
is even-handed between Community vessels and third country
vessels which may fish in Community waters. We note the
imbalance between the quotas allowed to third countries, which
the Commission puts at 700,000 tonnes, with the catches available
to Community fishermen in third country waters, which is put at
550,000 tonnes. It would, we believe, be helpful if the Ministry
of Agriculture, Fisheries and Food could set out a balance sheet
indicating the waters in which third country vessels have quotas
and their permitted tonnage and the third country waters in which
Community countries have quotas, and their permitted tonnage.
This additional information does not appear to be set out in the
Annexes to the Commission Report but is, we believe, relevant to
enforcement responsibility.
15.11 We consider the matters raised in this
report to be politically important but we do not recommend a
debate. However, we suggest it will be relevant to the annual
fisheries debate on the Floor of the House.
ANNEX
Summary 1993-1995
Monitoring of third country vessels
Inspections ashore and at sea
MEMBER
STATES |
1993 | 1994 |
1995 |
| Inspections | Total
Infringe-
ments | Inspections |
Total
Infringe-
ments | Inspections |
Total
Infringe-
ments |
| ashore |
at
sea | total |
ashore | at sea |
total |
ashore |
at sea |
total |
| Denmark | 0 |
5 | 5 | 4 |
0 | 10 |
10 | 2 |
0 | 3 | 3 |
1 |
| Germany | 0 |
7 | 7 | 1 |
0 | 0 | 0 |
0 | 1 | 0 |
1 | 0 |
| Netherlands | 10 |
3 | 13 |
9 | 8 | 2 |
10 | 5 |
3 | 0 | 3 |
1 |
| France | 0 |
7 | 7 | 0 |
0 | 631 |
631 | 14 |
0 | 391 |
391 | 32 |
| UK | 111 |
343 | 454 |
3 | 166 |
345 | 511 |
4 | 146 |
267 | 413 |
11 |
| Portugal | no data |
14 | 14 |
3 | 4962 |
41 | 5372 |
14 | 4372 |
52 | 4892 |
21 |
| Ireland | 0 |
1 | 1 | 0 |
13 | 3 |
16 | 0 |
19 | 1 |
20 | 0 |
| Spain | 8 |
5 | 13 |
1 | 16 |
23 | 39 |
8 | 19 |
24 | 43 |
12 |
| Sweden | Sweden joined the EU in
1995 | 7 | 42 |
49 | 9 |
| Greece | No activity of third country
vessels in Greek waters |
| Italy | No activity of third country
vessels in Italian waters |
| Finland | No activity of third country
vessels in Finnish waters |
-----------------------------------------
1 = Total of vessels inspected in the waters of
French Guyana.
2 = Total of vessels inspected by Portuguese
customs including merchant vessels.
|
