92000E2178

WRITTEN QUESTION E-2178/00

by Jaime Valdivielso de Cué (PPE-DE) to the Commission

(7 July 2000)

Subject: Fisheries

On 16 May 2000 the Commission sent France a second reasoned opinion. The first had been sent out in 1996 on account of France's failure to monitor the size of its fishing catches, particularly of hake.

This indicates an infringement of the Court of Justice judgment of 11 June 1991, in which it was stated that France had failed to meet its obligations in this area.

In view of the importance of fishing to the other EU Member States and, in particular, to Spain and the Basque Country, what action is the Commission going to take in order to ensure that France meets its obligations in this matter?

What compensation is to be made available to the fishermen of the other countries affected by these practices, and what form will it take?

Answer given by Mr Fischler on behalf of the Commission

(7 September 2000)

The Commission did send France a supplementary reasoned opinion under Article 228 of the EC Treaty (formerly Article 171) for the reasons stated in the Honourable Member's question.

The procedure forms part of the Commission's overall work to monitor Member States' fishery activities and to ensure compliance with Community fisheries legislation.

The Commission carries out this work continuously in respect of all the Member States, inter alia through visits undertaken by Community inspectors.

With regard to the last part of the question, no compensation is payable if the Community inspectors discover non-compliance with Community legislation. In response to systematic non-compliance with that legislation, the Commission may initiate the procedure which Article 226 of the EC Treaty (formerly Article 169) lays down for failure to fulfil an obligation.