WRITTEN QUESTION E-1052/00 by Brigitte Langenhagen (PPE-DE) to the Commission. EU Regulation 850/98: monitoring compliance with the provisions laid down in Title III, Article 29 (maximum engine power of 221 kW).
6. 3. 2001 EN Official Journal of the European Communities C 72 E/17 The flatfish species listed by the Honourable Member are not major species. Individuals of these species will be retained by fishing gears deployed primarily to catch the major species. If retained and then returned to the sea, almost all fish, including those listed by the Honorable Member, are either dead or moribund. There is little or no conservation effect to be gained by discarding. To establish a minimum landing size for each species to ensure that individuals of each species were able to spawn at least once would imply adoption of very large mesh sizes to ensure that individuals of any species are not caught, and therefore killed, until they reach the size of first maturity. To provide the conditions suggested by the Honourable Member for plaice, for example, would require adoption of a mesh size in excess of 130 millimetre (mm). Unfortunately, this mesh size would retain few sole. Plaice are very often caught simultaneously with sole for which the optimum mesh size is 80 mm. If the latter mesh size is used in the mixed plaice and sole fishery, plaice of lengths 17 centimetre (cm) and above will be retained. The size at first maturity is well above 17 cm. There is no satisfactory solution to this problem and to many other similar problems in other mixed fisheries. Undersizedí fish should not be landed but should be discarded into the sea because they are of a length less than that defined in Council Regulation (EC) No 850/98. Where no minimum size is defined, however, any fish may be landed but there is no obligation to do so. If small fish can find no market, then fishermen may discard them. However, if a market can be found it appears preferable to land and sell such fish rather than return them to the sea, dead or moribund. Many plaice are caught simultaneously with sole in fisheries operating with 80 mm mesh size. Under these conditions, plaice of lengths equal to and greater than 17 cm will be retained. This was the Commissionís basis for its original proposal for a minimum size of 17 cm for plaice. The compromise reached established a minimum size of 22 cm. If, therefore, a minimum size of 25 cm is now established, all plaice of between 17 and 24 cm should be returned to the sea, dead or moribund. This would contribute little or nothing to the conservation of plaice. It should also be pointed out that there is no qualification of fish as áfish for consumptioní. With the exception of some conditions relating to herring, fish landed may be used for any purpose. (2001/C 72 E/020) WRITTEN QUESTION E-1052/00 by Brigitte Langenhagen (PPE-DE) to the Commission (4 April 2000) Subject: EU Regulation 850/98: monitoring compliance with the provisions laid down in Title III, Article 29 (maximum engine power of 221 kW) In order to protect flatfish stocks EU Regulation 850/98 (1) makes provision for áboxesí within which the maximum engine power that may be used by fishing vessels is 221 kW. Germanic Lloyd has, however, stated that despite controls on and the sealing of engines, all types of engine and particularly those fitted with electronic injection devices can be manipulated to increase the engine power over the maximum permitted. In view of the above, will the Commission say: 1. Does it consider the controls on engine power to be sufficient, although there are indications that engines can be manipulated, despite being sealed? 2. Does it agree that technical rules (for instance, the number of chains placed in front of the nets) can be monitored more easily and more rapidly and are less open to manipulation and can contribute just as much to conserving stocks? C 72 E/18 Official Journal of the European Communities EN 6. 3. 2001 3. How is it monitoring the control measures and with what success and what measures are provided to eliminate shortcomings? (1) OJ L 318, 27. 11. 1998, p. 63. Answer given by Mr Fischler on behalf of the Commission (12 May 2000) 1. The Commission is fully aware that engine power can be manipulated in numerous ways and that, therefore, control of engine power will probably never be fully sufficient. Nevertheless, legislation setting an upper limit on engine power for beam trawlers is required and is provided by Article 29 of Council Regulation (EC) 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (1). 2. Technical rules can, perhaps, be monitored more easily and more rapidly. However, if the limit on engine power were to be completely replaced by such rules, there would be no limit on the size and power of vessels permitted to enter the so-called plaice box. In effect, therefore, the plaice box would cease to exist and hence conservation effects on young place would either be much diluted or negated. The Commission would be willing to consider technical measures such as those suggested by the Honourable Member to be additional to constraints on engine power. 3. It is the responsibility of Member States to monitor and enforce the measures laid down in Community law. Should a Member State find a vessel in contravention of the conditions laid down, it is for that Member State to take the appropriate legal action. It is unfortunate that Member States, in some instances, have not pursued certain possibilities available to them, for example fuel consumption by individual vessels, to check on possible deviations from the legal requirements. The Commissionís inspectorate has the role of ensuring that Member States fulfil their responsibilities in an appropriate manner. The Commission has conducted a number of investigations into this topic in recent years as a result of which the Commission suspects, but cannot definitively prove, that shortcomings exist. To eliminate these shortcomings it is necessary to consider ways by which engine power may be measured in a consistent manner throughout Member States and also to recall that between Member States there is considerable divergence in legal interpretation of conditions defining engine power. The Commission is taking steps to promote the development of a European standard on measurement of marine engine power and may subsequently propose making the use of such a standard mandatory by Community legislation. (1) OJ L 125, 27. 4. 1998. (2001/C 72 E/021) WRITTEN QUESTION E-1093/00 by Michl Ebner (PPE-DE) to the Commission (7 April 2000) Subject: Antibiotics in hensí eggs In November and December 1999, 32 different packages of eggs were purchased by the Italian Altroconsumoí consumer magazine from a number of supermarkets in Rome and Milan, and their contents examined. The eggs examined were all classified as category A, meaning that they were intended to be eaten fresh and were supposedly of the highest quality. In nine cases, the presence was detected of sulfonamide and quinoline derivative antibiotics, prohibited in eggs