HL Deb 20 November 2003 vol 654 cc363-5WA
Lord Mason of Barnsley

asked Her Majesty's Government:

What breaches by the United Kingdom of the European Union fishing laws have been revealed by the European Commission; what action they intend to ascertain the truth of these allegations; and by what procedure the United Kingdom can appeal. [HL5534]

Lord Whitty

The European Commission has commenced formal proceedings against the United Kingdom under Article 226 of the EC Treaty and Article 26(2) of Council Regulation (EC) No. 2371/ 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy.

The Commission considers that:

  1. (i) the United Kingdom has not provided its competent authorities with the sufficient means to perform their tasks of inspection and control, as WA 364 laid down in Article 1(2) of Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy;
  2. (ii) the United Kingdom has not ensured in a sufficient and effective way the compliance with the Community rules in force concerning control measures, notably inspection and monitoring of all fishing activities within its territory and within the maritime waters subject to its sovereignty or jurisdiction;
  3. (iii) insufficient and ineffective control has been observed in particular with respect to those obligations related to the use of the VMS (vessel monitoring systems) by vessels operating in the UK waters, to the recording of the exact amount of catches in the logbook, to the submission of sales notes, to the submission and recording of landing declarations, to the submission of transport documents and to the establishment of a validation system comprising in particular cross-checks and verification of data in order to ensure respect of the obligations laid down in Articles 3, 6, 8, 9, 10, 13, 14 and 17 of Council Regulation (EEC) No. 2847/93;
  4. (iv) the United Kingdom has not taken the appropriate measures against the natural or legal persons who do not comply with the rules in force of the common fisheries policy, including proceedings capable of effectively depriving those responsible of the economic benefit of the infringements or of producing results proportionate to the seriousness of such infringements, effectively discouraging further offences of the same kind, and is of the view that the United Kingdom has failed to fulfil its obligations under Article 1(2), Article 2(1) in connection with the Article 3(6), Article 6(3), Article 8(1), Article 13(1–3), Article 14 (1 and 2) and Article 19 (1–3), and Article 31 (1 and 2) of Council Regulation (EEC) No. 2847/93.

The Government have two months in which to respond and to demonstrate compliance with their obligations under Council Regulation (EEC) No. 2847/93. If the Commission is not satisfied with the Government response it may take preventive measures as provided for in Article 26(3) of Council Regulation (EC) No. 2371/2002 and issue a reasoned opinion under Article 226 of the EC Treaty. Beyond that the Commission may refer the issues to the European Court of Justice.

Effective enforcement is integral to the success of the common fisheries policy and to efforts to conserve fish stocks. The Government are taking the Commission's criticisms very seriously; are currently consulting with the Scotttish Executive, the Welsh Assembly government and the Northern Ireland authorities, and expect to submit a postive response to the Commission early in the new year.