Europees Hof beboet Frankrijk met 20 mln euro voor visserij-overtredingen - Borg reageert verheugd (en)

The European Commission has welcomed this morning's decision by the European Court of Justice to request France to pay a lump sum of € 20 million and a periodic 6-month penalty of € 57,761,250 running from today, for failing to comply with a 1991 Court ruling on serious shortcomings in its enforcement of fisheries rules. This is the first time that a Member State has to pay both a lump sum and a penalty for persistent failings in its implementation of Community legislation.

This Court ruling is to be welcome as it will undoubtedly strengthen the Commission's efforts at ensuring the effective application of Community law in all policy areas. It is particularly significant for the successful enforcement of Common Fisheries Policy measures by the Member States which have primary responsibility in this domain. This is the first time that a financial penalty has been imposed on a Member State for failings with regard to the CFP.There is no doubt that better application of fisheries measures is crucial to ensuring the rebuilding of fisheries stocks and, in the longer term, ensuring the sustainability of European fisheries for the benefit of all concerned. The provisions for financial penalties were introduced in the Maastricht Treaty and as such were agreed by all Member States.

Commenting on this ruling, Joe Borg i, Commissioner for Fisheries and Maritime Affairs said: "Our objective is to achieve sustainable fisheries to ensure the future of our fisheries sector. To do that, we need to respect the measures under the Common Fisheries Policy. This Court ruling confirms just that."

Background

Member States are responsible for the effective enforcement of CFP measures which cover all activities related to fisheries from the net to the plate. As such, they must provide the necessary means and resources to ensure the proper control and monitoring of all these activities and the effective follow up of infringements, including the application of dissuasive sanctions, whenever they have been detected.

Today's case goes back to a Court ruling on 11 June 1991. At the time, the Court found that France had failed in its obligations to ensure both the correct application of some technical measures and to provide deterrent sanctions for those found infringing these rules. The Court noted that progress had been made in some areas but that deficiencies remained in others, in particular, with regard to the lack of effective monitoring and control of the landing and marketing of undersized fish and, where infringements were detected, the failure to provide for dissuasive sanctions.

Subsequent control and monitoring by Commission inspectors noted the lack of improvement in the areas concerned. Consequently, the Commission sent two reasoned opinions to France. The first one was sent on 17 April 1996. Despite this, the situation did not improve and the Commission sent a complementary reasoned opinion on 6 June 2000.

Continued failure to enforce technical rules or to provide deterrent penalties is not without effect on the fish stocks concerned. Catches and landings of undersized fish are seen as a destructive practice which removes fish before they have a chance to contribute to the renewal of the stocks concerned. In the case of hake, for example, it is useful to keep in mind that, due to its depleted state, the stock concerned has been subject to a recovery plan since 2004.

In the absence of progress, the Commission decided, in August 2002, to ask the Court to impose a daily penalty of € 316,500 until France complied with the relevant obligations. This amount had been calculated from a fixed sum of € 500, increased according to factors related to the seriousness of the infringement, its length and the capacity of the Member State concerned to pay the penalty.

Today's Court ruling sends a strong signal to Member States that may be tempted to persistently ignore Community law that they have to be prepared to pay a heavy price to do so. There are currently 81 fisheries infringement procedures pending against Member States for failings in their enforcement of CFP rules. Sixty one of them relate to overfishing, which in most cases, results from mismanagement by Member States of quota uptake by their vessels. One of the most recurrent complaints among stakeholders, during the consultation process prior to the 2002 CFP reform, centred on the need to have more effective and more uniform enforcement throughout the European Union. Today's ruling, combined with the strengthening of control and monitoring and the forthcoming Community Fisheries Control Agency will contribute to achieve this aim.

The Commission will continue to work with France on ensuring that the necessary measures are put in place as soon as possible to strengthen France's contribution to sustainable fisheries and the future of the fishing sector.