Brussels, 19/07/2006 (Agence Europe) - On 14 July, the European Commission adopted a report on serious infringements to the rules of the Common Fisheries Policy (CFP) in 2004. This report shows that the average fine imposed by EU Member States fell from €4,664 in 2003 to €2,272 in 2004. While statistics demonstrate that more than 10% of vessels were sanctioned, the total amount paid out by the sector in penalties, €13.8 million, represents only 2/1000ths of the value of fish landings (estimated at €6 billion). The Commission feels that the “significant fines imposed on a limited number of cases only prove that Member States are too lenient in most cases” and says that the “most of the penalties imposed on offenders are clearly insufficient to have a real deterrent effect”. It calls on Member States, then, to amend their legislation so as to take account of the value of the catches on board when imposing a penalty.
The total number of infringements reported by Member States in 2004 was 9,660, slightly up on 2003 (9,502) with the number of Member States active in sea fisheries rising by seven. The Commission notes, however, that the number of serious infringements detected by the new Member States represents only 2.7% of the total (258 notified by Cyprus, Estonia, Latvia and Poland). Together Spain, Italy and Portugal detected 79.6% of all infringements (these are the countries with the largest fleets).
Unauthorised fishing concerns 22% of cases , while storing, processing, placing for sale and transporting fishery products not meeting marketing standards comes second (19%) and fishing without holding a licence is in third position (14%). The Commission finds it surprising that tampering with the Vessel Monitoring System accounts for only 60 cases throughout the European Community in 2004.
The report shows too that 82% of infringement procedures led to the imposition of a penalty. In Germany, the United Kingdom, Spain, Cyprus, Estonia, Latvia and Poland, all infringements were sanctioned. In Italy, more than 90% of cases were also sanctioned. On the other hand, only 17% of infringements were sanctioned in Sweden, and no sanctions were declared by Finland.
Striking differences between Member States
The Commission notes striking differences between the fines imposed by Member States for the same type of infringement: - for using or keeping on board prohibited fishing gear, the average fine was €108 in Lithuania and €15,000 in Ireland; - for unauthorised fishing, the average fine was €58 in Lithuania and €13,788 in the United Kingdom; for directed fishing of species subject to a prohibition, the average fine was €10 in Germany and €3,334 in Ireland; - for falsifying data required in the control documents, the average fine was €48 in Estonia and €18,900 in the United Kingdom. The average fine imposed for all types of infringement varied from €48 in Estonia to €13,099 in the United Kingdom, which is the Member State to most severely sanction fishermen, far ahead of Ireland (€3,175), Italy (€2,868), France (€2,291) and Spain (€2,122). The EU average was €2,272 in 2004, almost 50% down on 2003. The Commission is concerned by this downward trend and calls on Member States to react. “…the fishing industry may consider penalties imposed for infringements to the CFP rules just as an ordinary running cost of the enterprise and see no real incentive for compliance,” the Commission writes in its report.
Member States are free to adopt procedures they deem to be the most appropriate, but the Commission stresses once again that it believes that an administrative sanction, like the suspension of an entitlement to fish or to carry out a professional activity, “is a very effective tool in increasing compliance with CFP rules due to the fact that it can be quickly applied”. It is “regrettable” that most countries do not use this tool, at least when the breach of the rules is not so serious as to justify a criminal sanction, says the Commission. The statistics show that in 3,203 cases, the seizure of fishing gear was ordered. Greece, Italy, Portugal and the United Kingdom are the Member States which reported the greatest use of this sanction. Germany, Spain, Finland, Cyprus, Estonia, Latvia and Poland did not report any seizures of fishing gear.