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
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| Legal base | — |
| Document originated | 4 November 2008
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| Deposited in Parliament | 12 November 2008
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 1 December 2008
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but relevant to debate recommended on total allowable catches for 2009
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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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