WRITTEN QUESTION No. 4112/97 by Daniel VARELA SUANZES- CARPEGNA to the Commission. Restrictions on Spanish investment in French-registered fishing vessels
16. 6. 98 EN Official Journal of the European Communities C 187/125 (98/C 187/195) WRITTEN QUESTION E-4111/97 by Anita Pollack (PSE) to the Commission (16 January 1998) Subject: Enforcement of the Habitats Directive Why is the progress on creating a network of special conservation areas [Nature 2000] so slow when Member States were expected to produce a list of protected areas to be incorporated into this network by June 1995? Answer given by Mrs Bjerregaard on behalf of the Commission (4 February 1998) The Habitatsí Directive, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1), sets June 1995 as the final date for Member States to submit their list of proposed sites for the Natura 2000 network. It is therefore up to each Member State to explain why it has not met the deadline. The Commission itself has instituted infringement proceedings against the Member States for not submitting complete national lists of sites. The Habitatsí Directive provides for a second period of three years during which the Commission must compile a draft list of sites of Community importance from lists submitted by the Member States. The Commission intends meeting this deadline of three years. (1) OJ L 206, 22. 7. 1992. (98/C 187/196) WRITTEN QUESTION E-4112/97 by Daniel Varela Suanzes-Carpegna (PPE) to the Commission (16 January 1998) Subject: Restrictions on Spanish investment in French-registered fishing vessels On 18 November 1997 the French Parliament adopted a new law to regulate fishing at sea which imposes requirements relating to the residence of crew members on French soil and the landing of catches at French ports, from which the majority of fishing voyages must originate. Is the Commission officially aware of this new French law? Does it consider the law in question to be compatible with the basic principles of Community law, in particular those relating to the freedom of establishment and the free movement of persons and goods? In any event, could it state its opinion regarding this law in the light of recent ECJ judgments on this subject? Answer given by Mrs Bonino on behalf of the Commission (9 February 1998) The Honourable Member is probably referring to Franceís Law No 97-1051 of 18 November 1997 on marine fishing and seafood cultivation. Article 6 of this Law stipulates that a fishing vessel flying the French flag is not permitted to fish on national quotas or to apply for a fishing licence unless it has a genuine economic link with the territory of the French Republic and that it is managed and controlled by a permanent undertaking located in French territory. The Commission takes the view that this provision is compatible with Community law, as interpreted by the Court of Justice, provided that the practical application of the Law complies fully with the principles of proportionality and non-discrimination