Correspondence with Ministers October 2006 to April 2007 - European Union Committee Contents


EUROPEAN EEL: RECOVERY OF STOCK (13139/05)

Letter from Ben Bradshaw MP, Minister for Local Environment, Marine and Animal Welfare, Department for Environment, Food and Rural Affairs to the Chairman

  I thought it would be helpful to update you on the progress of the proposal for a Council Regulation establishing measures for the recovery of the stock of European eel.

  As you are aware, it was felt that the proposed short term measure (a 50% closure of the eel fisheries) would disproportionately impact on UK eel fisheries. Subsequently, my officials have been seeking to negotiate a more holistic approach to the recovery plan which takes into account environmental factors affecting the decline of the European eel stock as well as fisheries pressures.

   Unfortunately negotiations in Brussels resulted in an impasse. Due to the complexity of the eel lifecycle and the differing types and methods of eel exploitation across Europe, no agreement was reached in the Council Working Group on the current text. This lack of progress is unfortunate, given the parlous state of the European eel stock. The Finnish Presidency therefore referred the issue to the Committee of Permanent Representatives (Coreper) in November with a view to getting new instructions on how to take work forward.

  Coreper felt that a more flexible instrument was needed to properly address this problem without placing the entire burden of reducing eel mortality on the eel fishing sector. Coreper concluded that talks should continue to seek a flexibly drafted regulation which would recognise the diversity of situations facing Member States and thus allow for decentralisation. Member States should be encouraged to tackle other crucial areas such as environmental problems and the impact of trade in elvers.

  It is clear that to address the problem fully account has to be taken of environmental constraints on the survival, growth and subsequent escapement of European eel. Focussing primarily on fishing effort is bound to be inequitable given the diverse situations facing Member States, and may be ineffective. Broadening the scope of the proposed measures to address environmental aspects is therefore essential to the success of the eventual measures.

  Local management plans are of paramount importance, to ensure that the very diverse conditions found in European waters can be effectively addressed. We doubt that any short-term measures directed principally at fishing effort would be equitable due to the diverse nature and complex lifecycle of the European eel, and furthermore, they would be highly disruptive, costly to enforce and likely to have little effect on eel stocks. We have therefore encouraged relevant UK authorities to take forward work on the development of management plans on a water catchment basis and I am pleased to say that this work is already well advanced. These plans will provide for flexible solutions to address catchment-specific problems and bring about the attainment of the Commissions 40% silver eel escapement target across the whole of the UK.

  We understand that the German Presidency intends to give this issue a degree of priority, with a view to seeing the Regulation adopted by Council before the end of its term of office in June. In the first instance, however, the Commission will need to produce a revised proposal, reflecting Coreper's conclusions. The UK will continue to engage actively and positively with Member States and the Commission to ensure that effective action is taken across Europe to address this very serious problem. We will be ready to implement catchment-specific management plans quickly, following agreement on a Community measure in the Council.

  I will write again once the new proposal is brought forward.

11 January 2007

Letter from Ben Bradshaw MP to the Chairman

  As you are aware, this dossier reached an impasse due to the divergence of views expressed during working group meetings last year. Subsequently, Coreper gave instruction on the way forward and the regulation has been discussed and negotiated in a new, more intensive period of working groups in February and March of this year. The German Presidency have now put this Regulation on the agenda of the April Council with a view to adopting it on April 16.

  The UK has been pushing for measures to protect and enhance eels stocks for many years. It is important to recall that as long ago as 2001, the International Council for the Exploration of the Sea (ICES) Working Group on Eels (WGEEL) concluded that the European eel stock remains outside safe biological limits and current fisheries are not sustainable and recommended that a recovery plan for the European eel stock is compiled and implemented as a matter of urgency. The UK has long acknowledged the poor state of the stock and has supported the need for a Community-wide rebuilding plan. We have consistently expressed our disappointment over the delay in implementing measures, noting that it was 2004 that the Council requested the Commission to come forward with a proposal for short-term measures to improve the conservation of the eel resource.

  As drafted, the proposed measures will have some impact on the UK eel sector, particularly the glass eel industry, where the requirement to use a proportion of the glass eels for restocking, rather than export to Asia, is likely to change the dynamics of the industry, effecting profits, leading to a contraction of the industry.

  Nevertheless, we are broadly content with the Regulation and we feel that it will go some way towards creating an environment in which the eel stock could recover from its parlous state. There is still some disagreement over the drafting of the regulation (eel fisheries are unique and differ for each Member States), however, the Presidency and Commission are pushing hard for political agreement in April and it is likely a compromise will be reached during Council discussions.

  The German Presidency has now been pushing for this item to be concluded and there is little chance that they would be prepared to delay a vote on this item. Furthermore, it would be difficult for the UK to seek such a delay when we have been such strong advocates of urgent measures to be introduced. We continue to believe that it is important to take immediate action if eel stocks are to recover and the sector become sustainable.

  In the circumstance, we did not consider it appropriate to seek to delay this item at Council and, subject to the final version meeting our requirements, intend to vote for the proposal on 16 April.

  I very much regret that the proposals are likely to be adopted without prior scrutiny clearance. I am well aware that Parliamentary scrutiny is an essential part of our legislative process, and that overriding this process is a serious matter, and I do not do it lightly.

12 April 2007

Letter from Ben Bradshaw MP to the Chairman

  Further to my letter of 12 April on the above-mentioned proposal, I am writing to update you on developments following the Agriculture and Fisheries Council on 16 April. As anticipated, the Presidency pushed to reach political agreement on this proposal at Council however, due to intransigence by those Member States, led by France and Spain, who wish there to be no provisions for restocking, a compromise could not be reached so it was not therefore put to the vote. The proposal will now return to Working Group and it is unlikely that it will return to Council until June 2007.

  While I very much regret that no agreement could be reached at Council, I am nonetheless pleased that consideration of the dossier by your Committee can now be completed and that the remaining obstacles to agreement in Council can be overcome in time for this proposal to be adopted in June.

20 April 2007



 
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