Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-12-14-Speech-3-316"
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"en.20051214.21.3-316"2
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".
Mr President, I would like to thank the author of the oral question and Mrs Attwooll for presenting it, particularly as she is missing her group’s Christmas party this evening by being here, which shows her true dedication.
The question of sanctions and whether they are criminal or administrative is very important. Obviously nobody within this House would condone a breach of the regulations or rules. It is appropriate that we are having this debate as a joint debate with the Casaca report, because the whole issue of fishery control measures and what is required is one that not only can deliver more environmentally and economically sustainable fisheries; it can also give certainty to many fishing families, so that they can continue to live their lives in the way that they have enjoyed up to now.
However, outside the question regarding the effects on stocks and stocking levels, and the new rules and regulations with regard to fishing effort and everything else, there is a further layer of bureaucracy which has a direct impact on the fishermen’s ability to make a living.
Commissioner, you have stated on a number of occasions that you have a preference for administrative sanctions as against criminal sanctions. There has also been the question of giving certainty with regard to some form of uniformity: not a harmonisation but a uniformity of sanctions and penalties as they apply across the Member States. Mrs Attwooll mentioned some of the divergences in her presentation. I would like to give you a few more figures from the last Commission report received relating to fisheries offences.
There were 1 785 offences in Spain; 1 641 of them were dealt with by administrative sanctions. There were 1 579 offences in Portugal; three of them were dealt with by criminal sanctions. Out of a total of 26 offences in my own country, Ireland, 20 were dealt with by the criminal courts. The average fine in Portugal was EUR 491; the average fine in Spain was EUR 2 126. The average fine in Ireland was EUR 11 978, which under proposed new legislation to be introduced next year will increase to EUR 220 000.
Obviously, there must be some fairness and equity with regard to the way that these fines and penalties are imposed. Ultimately, it is up to the Member States to put in place the legislation to transpose properly the ideology behind the fisheries regulations and directives. There must also be equity and proportionality within that sanction regime. There must be a preference towards administrative sanctions rather than criminal sanctions.
There has been some talk recently in certain quarters that the Commission was considering taking action against Ireland for failure to implement new legislation, which is currently going through the national parliament in Ireland. Indeed, officials from your own office, Commissioner, recently met representatives of the fisheries committee in the Irish Parliament, as well as meeting members of the Committee on Fisheries here in the European Parliament, to discuss the issue of criminal sanctions and administrative sanctions. I hope these rumours of so-called financial sanctions to be taken against Ireland are untrue.
I hope that tonight you could encourage us with the legislation that exists in Malta, where for a small offence, a small sanction applies – administrative only. For a larger offence, a larger administrative sanction applies. For a serious offence, a criminal sanction will apply. For a continuous offender, then there should be the most rigorous enforcement of criminal sanctions.
But there is no equity or fairness when a logbook offence in one country leads to a fine of only EUR 96, whereas in another country this could lead to the confiscation of boat, catch and gear. There must be proportionality."@en1
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