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2003 EN Official Journal of the European Union C 110 E/57

Whenever Member States fail to communicate transposition measures for Community legislation in time,
the Commission automatically institutes infringement proceedings. In the case in question, the
Commission used these competences by promptly sending Member States a letter of formal notice for
non-communication of transposition measures.

Five Member States have now sent the Commission their measures transposing Directive 2000/53/EC of
the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (2). Two other
Member States have either transmitted draft legislation informing the Commission that they are on the
point of adopting it or indicated that the transposition will be completed in the coming weeks. Reasoned
opinions have been sent to those Member States that have not yet communicated transposition measures.

The Commission assures the Honourable Member that, as for all Community legislation, it will continue
using its powers in order to ensure that Member States fulfil their obligations under Directive 2000/53/EC.
Should certain Member States persist in not implementing Directive 2000/53/EC, the Commission will
take all necessary measures, including those provided for in Articles 226 and 228 of the EC Treaty, in
order to rectify this situation.

The Commission continuously aims to improve the overall effectiveness of its enforcement procedures.
However, this may only be done within the framework of the fundamental rules as set out in the EC
Treaty and as developed in the jurisprudence of the Court of Justice.

(1) 18th Annual Report on monitoring the application of Community law (2000) (COM(2001) 309 final) available on
the Commission’s Europa site: Annual Report on
monitoring the application of Community law (2001) (COM(2002) 324 final) available on the Commission’s
Europa site:
(2) OJ L 269, 21.10.2000.

(2003/C 110 E/060) WRITTEN QUESTION E-2481/02

by Chris Davies (ELDR) to the Commission

(6 September 2002)

Subject: Tuna stocks

Is the Commission aware of the recent report by the Worldwide Fund for Nature (WWF) in which it is
alleged that wild bluefin tuna are being fished out in of the Mediterranean Sea, and, potentially, in the
Atlantic as well, because of the activities of organisations based in Spain, Italy, France, Greece and Turkey
which are catching the tuna for fattening in offshore cages?

The WWF report alleges that some of these organisations are receiving EU funds to promote aquaculture
but that they do actually nothing to breed or rear fish in captivity.

The report also alleges that Spain is exceeding its allocated quota of Atlantic Tuna catch and failing to
report the actual amount.

Does the Commission accept the accuracy of the concerns expressed by WWF, and what action is it
taking, or does it intend to take, to ensure that fishing of Atlantic Tuna takes place only at sustainable
levels so as to ensure the long-term survival of stocks?

Answer given by Mr Fischler on behalf of the Commission

(18 October 2002)

The Commission is well aware of the WWF’s report. Fattening tuna in cages is a practice that has
expanded in the Mediterranean in recent years.
C 110 E/58 Official Journal of the European Union EN 8.5.2003

Bluefin tuna management in the Mediterranean is entrusted to the International Commission for the
Conservation of Atlantic Tunas (ICCAT) and the General Fisheries Commission for the Mediterranean
(GFCM). The Community is a member of both these regional fishery organisations and applies all the
management and conservation measures they adopt.

ICCAT and GFCM are investigating this new practice and examining what regulatory framework may be
needed. The Commission in cooperation with the Member States is taking an active part in this exercise.
The Community participated in the last joint GFCM/ICCAT meeting on Mediterranean stocks of large
pelagic fish, at which the practice was discussed.

The Commission, as stated in its Communication on conservation and sustainable exploitation of fisheries
in the Mediterranean (1), will play an active role, notably within international organisations, to ensure that
this practice is developed in a way that does not increase fishing pressure on the wild stock, particularly on
juveniles, and does not degrade the marine environment. It anticipates a very wide debate on the
forthcoming revision of technical measures in the Mediterranean due by the end of 2003, and this topic
will certainly be among those receiving attention. In addition the revision of the Commission Regulation
implementing Council Regulation (EC) No 1543/2000 of 29 June 2000 establishing a Community
framework for the collection and management of the data needed to conduct the common fisheries
policy (2) (Community data collection framework), also due by the end of 2003, should allow an
improvement in statistical data collection.

As regards Structural Fund assistance for tuna fattening in cages, the definition of aquaculture given in
Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down detailed rules and
arrangements regarding Community structural assistance in the fisheries sector (3) is such that the fattening
practised notably in Spain and Italy is to be considered as aquaculture and hence is potentially eligible for

(1) COM(2002) 535.

(2) OJ L 176, 15.7.2000.
(3) OJ L 337, 30.12.1999.

(2003/C 110 E/061) WRITTEN QUESTION E-2483/02

by Rosa Miguélez Ramos (PSE) to the Commission

(6 September 2002)

Subject: Uncontrolled tuna fishing in Mediterranean waters

Complaints have been made by the small-scale Mediterranean fishery  specifically on this occasion by the
Association of Fishermen of Carboneras (Almería, Spain)  concerning the uncontrolled tuna fishing
practised by vessels belonging to certain Mediterranean fish farms. The Association’s secretary, Mr Simón
Pérez, has stated that its fishermen catch some 500 tonnes per week, while 40 tuna seiners fishing under
the French flag (even if for Spanish enterprises) catch 7 000-8 000 tonnes, with the aid of light aircraft
which help them locate the fishing grounds.

The local small-scale fleet employs 400 people, who are now anxious that their jobs may disappear thanks
to the operations of these seiners, which, according to the Association, transport cages from their farms to
the fishing grounds in order to capture the tuna, which they then transfer to the larger cages which have
existed for fifteen years now in Cartagena and Mazarrón (Murcia), with the authorisation of Murcia’s
regional government. The small-scale fishermen’s longlines and tackle are destroyed by these cages, which
can go down as deep as 35 m.

It appears that these cages are manufactured in Sète and exported from there over a large part of the

Is the Commission aware of these practices?

What is its opinion on this state of affairs?

What action does the Commission intend to take?