Select Committee on European Scrutiny First Report


11 Infringements of the Common Fisheries Policy in 2006

(30143) 15416/08 COM(08) 670 Commission Communication: Behaviour which seriously infringed the rules of the Common Fisheries Policy in 2006

Legal base
Document originated4 November 2008
Deposited in Parliament12 November 2008
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationEM of 1 December 2008
Previous Committee ReportNone
To be discussed in CouncilNo date set
Committee's assessmentPolitically important
Committee's decisionCleared, but relevant to debate recommended on total allowable catches for 2009

Background

11.1 Under the Common Fisheries Policy (CFP), the Commission has since 1993 been required to report from time to time on the way in which the various control measures have been applied by the Member States. This requirement was amended in 1999 to oblige Member States to report annually on types of behaviour which seriously infringe the rules of the CFP, and for which proportional, effective and dissuasive penalties should be imposed. This Communication from the Commission — the seventh in the present series — summarises the information relating to proceedings initiated in 2006.

The current document

11.2 The Communication contains a short description of the information provided by each Member State. Subject to the caveat that the accuracy of the data varies greatly, and that the figures should therefore be treated with caution, it points out that:

  • the overall number of cases reported by Member States was 10,362, 1% lower than in 2005 (though the Commission notes that the number of active vessels had declined by 10%);
  • 83% of these infringements occurred in four Member States (Spain, Italy, France and Portugal, though these also have the highest number of vessels);[36]
  • 20% of infringements concerned the storage, processing and placing for sale and transportation of fishery products, with 18% accounted for by unauthorised fishing, 13% by falsifying or failing to record data, and 10% by breaches of rules on minimum landing sizes: in addition, there was an increase in the number of offences involving tampering with a vessel monitoring system (although these only accounted for a small proportion of all offences);
  • although Member States use different procedures, criminal or administrative, to sanction infringements, the majority of cases (72%) were subject to administrative proceedings, with 25% being subject to criminal proceedings and the remaining 3% to a mixture of both;
  • a penalty was imposed in 77% of cases, compared with 83% in 2005;
  • licences were withdrawn in only about 10% of cases; and
  • the average level of fine (€1,548) was the same as in 2005 (but well below the figure of €2,272 in 2004), and there were again substantial differences between Member States: however, the overall level of fines remained insignificant, and affected only 0.04% of active fishing vessels.

The Commission also points out that the procedures (whether administrative or criminal) for sanctioning these infringements are generally lengthy, the average being between 12 and 18 months, and that, where criminal proceedings are involved, the time spent can be as much as 10 years, after allowing for appeals. In addition, it notes that the species most affected by serious infringement were those for which recovery plans or restrictive national measures were in place, as well as those with a high commercial value.

11.3 Overall, the Commission believes that there are still serious deficiencies in the control and enforcement measures applied against infringements which compromise the effectiveness of the CFP, as well as a lack of uniformity across the Community, resulting in inequitable implementation. In view of this, it says that it intends to address these problems in an integrated way by means of a separate legislative proposal launching an "ambitious" reform of the Community control system, notably by proposing harmonised administrative sanctions at Community level, and by introducing a clearer definition of what constitutes a serious infringement and of enforcement measures. In this way, it hopes to promote equality and fair competition across all Member States, and thereby prevent the migration of offenders to other Member States where infringements are punished less severely. This initiative will also seek to develop a harmonised approach to inspections and control, strengthen the effectiveness of systems for cross checking data and enhance the Commission's capacity to ensure compliance with Community rules on the CFP.

The Government's view

11.4 In his Explanatory Memorandum of 1 December 2008, the Minister for the Natural and Marine Environment, Wildlife and Rural Affairs at the Department for Environment, Food & Rural Affairs (Mr Huw Irranca-Davies) says that the UK welcomes publication of the Communication, which he believes has been instrumental in ensuring greater transparency of fisheries enforcement across the Community, and will also be an aid to future discussions on control and enforcement within the framework of the reformed CFP.

11.5 He notes that, in the UK, fisheries infringements are subject to criminal proceedings, and that, for the majority of serious offences, the Courts may impose a fine of up to £50,000, order the seizure of fishing gear, impose an additional fine up to the value of the fish involved, and, in certain circumstances, suspend or revoke a fishing vessel licence. Also, unlimited fines may be imposed on indictment. He says that the about one-third of the infringements reported by the UK to the Commission were associated with the falsification of catch data recorded in logbooks and other documents, though he also notes that the number of cases attributed to the UK in the Commission's report does not reflect the latest information submitted and over-states those actually recorded by the Fisheries Departments.

11.6 The Minister says that the document has been submitted for information, and that no timetable has been set for its further consideration.

Conclusion

11.7 This Communication does not itself contain any proposals for legislation, but it nevertheless deals with an important aspect of the Common Fisheries Policy. It also draws attention to a potentially significant separate proposal — which we expect to consider shortly for reforming the Community's control system. Consequently, although we are clearing it, we think it right (as in previous years) to draw it to the attention of the House, and we also believe it to be relevant to the debate which we have recommended in European Committee on total allowable catches for 2009.[37]





36   The UK, with 6,761 vessels, accounted for 170 (2%) infringements. Back

37   (30161) 15578/08: see chapter 1. Back


 
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