Brussels, 04/03/2009 (Agence Europe) - The Court of Justice of the European Communities will, on Thursday 5 March, deliver its judgment (case C-556/07) on fishing gear known as “thonaille” used by some 80 French vessels (under 18 metres) in the waters of the Mediterranean. On 27 June 2007, the European Commission referred France to the Court of Justice for failing, hitherto, to end the use of this small-scale fishing net used to catch bluefin tuna and swordfish. The Commission classifies these nets as drift gillnets, which have been banned under Community law since January 2002.
The Commission says that France has incorrectly applied Community fisheries legislation. It says this incorrect application consists, firstly, in the fact that French authorities do not consider the “thonaille” to be a drift gillnet although, given its characteristics, it is, indeed, such a net and should be banned. That the “thonaille” can be stabilised with the aid of a floating anchor is irrelevant since this stabilisation does not prevent the net from drifting with sea currents or the wind, and is only held by floats and weights to make it more effective and prevent it lying horizontally just below the surface.
The failure to fulfil obligations consists, secondly, in the lack of an effective monitoring system in order to enforce the ban on drift nets for catching certain species and the lack of follow-up in pursuit of the breaches established. Monitoring only concerns whether national legislation, which is more flexible than Community legislation, is complied with and penalties imposed for breaches of the legislation are light and of little dissuasive effect.
The Court will have to decide whether, in not sufficiently monitoring the ban on drift gillnets, France has failed to fulfil obligations under Articles 2 and 31 of regulation 2847/1993 (setting up a control regime for the common fisheries policy) and Articles 23, 24 and 25 of regulation 2371/2002 (on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy).
France would seem to be prepared to take measures to convert the “thonaille” fleet to other activities, or compensate the “thonaille” fishermen. (L.C./transl.rt)