Serious breaches of CFP ‘highlight need for reform’

The Commission has revealed there were over
8,000 rules breaches in the EU detected last year.

EUROPEAN UNION
Friday, December 06, 2002, 23:50 (GMT + 9)

FIS Europe

(Phot o © P. Johnson)

Member States reported 8,139 cases of serious infringements in 2001, a rise of 12 per cent on the number for 2000.

The figures were revealed in a report presented by the European Commission on conduct “seriously infringing” the rules of the Common Fisheries Policy (CFP) last year.

The revelation of the extent of rule-breaking brought a sharp rebuke for Member States from Fisheries Commissioner Franz Fischler who said controls were “inadequate”.

The report, the second of its kind, is designed to increase transparency in enforcement across the community and it shows that the amount of fines for the same type of breach varies significantly across Member States.

Mr Fischler said: "This report clearly highlights how necessary our reform proposals to step up controls and harmonise sanctions are. This would significantly improve enforcement in EU fisheries.

“Member States' deterrent systems seem inadequate to stop overfishing, misreporting or the use of illegal fishing gear. They must do better to prevent these practices, which are so harmful to fish stocks and to the fishing sector. If fishermen could be sure that all breaches of CFP rules are detected and punished on an equal basis throughout the EU, it would go a long way in improving compliance with the rules."

The main findings are:

•Member States reported 8,139 cases in 2001, a rise of 12 per cent.

•The most frequent serious infringements (almost 50 per cent) are for unlawful fishing without the licence or in prohibited areas

•A significant increase in post landing breaches and the false entries in control documents - also reflected in the failure to observe the rules on minimum sizes and in the use of unauthorised gear.

•Fines varied significantly across Member States. In Sweden the average fine for fishing without a licence or other authorisation was EUR 367 while, in France, in the only reported case, the fine was EUR 30,000. In Finland, the average fine for unauthorised fishing amounted to EUR 84 whereas the same breach attracted a fine of EUR 12,700 in Ireland.

•The average fine of EUR 1,338 in the 4,969 cases where a fine was imposed “hardly represents an effective deterrent”.

•Impounding of catches or fishing gears are few and far between.

Withdrawals of fishing licences are rare with only Denmark, Greece and, to a lesser extent, France and Italy reporting this type of penalty.

•In 2001, only 6,115 fines were imposed on a total of 91,462 vessels - from the available data, it “would appear therefore that the number of penalties imposed does not mirror the level of compliance with the rules and that the number of checks is still inadequate.”

•Different procedures are used across Member States to sanction infringement.

•Belgium with 130 vessels on the EU Fishing Vessel Register reports 56 serious breaches while France with 7,932 vessels reports only 372 and the UK with 7,519 vessels only 96 serious infringements.

A Commission spokesman said: “From the information it received, the Commission concludes that Member States' systems of sanctions do not seem to represent adequate deterrent to potential wrongdoers.

“Member States should make greater efforts to follow up breaches of CFP rules, if necessary by amending their panoply of legal instruments or by introducing new measures. Significant progress can also be made by, for example, increasing the level of fines or raising awareness of the need for rational exploitation of marine resources among the authorities responsible for imposing penalties.”

As part of CFP reform the Commission wants the Fisheries Council to set the level of penalties to be imposed for serious infringements. The possibility of withdrawing fishing licences is also proposed.

By Peter Johnson
FIS Europe