Spain has not developed an efficient fishing controls and inspection system in the Gulf of Cadiz, the ECJ found. (Photo: Stock File)

Illegal fishing controls inadequate: EU Court

SPAIN
Tuesday, December 23, 2008, 22:10 (GMT + 9)

The European Union (EU) Court of Justice (ECJ) found Spain guilty of failure to sufficiently control fishing activity within its territory and in jurisdictional maritime waters or those subject to its sovereignty. It also considers that the Spanish government had not exerted control on fish landings and trade activities of specimens smaller than the official catch size.

According to the ruling, Spain does not allot the manpower necessary for inspecting the fish trade and does not punish offenders sufficiently.

This ruling validates the European Commission's (EC) own opinion that Spain had not fulfilled its obligation under Community Law, following four inspection visits in the area of the Gulf of Cadiz and a report of its findings.

First, the Court examined the EC’s allegation citing that the national control and inspection system of the fishing industry lacks effectiveness.

It concluded that the facts and figures presented by Brussels show "the inexistence of an effective system of control and inspection regarding fishing" and, furthermore, "the non-fulfilment by part of the member state as to its obligations in guaranteeing the efficacy of said system."

Second, the Court evaluated whether, as the EC had sustained, the manpower enlisted for the control and inspection of the fishing trade did not suffice. 

On the issue, it was noted that the General State Administration in the province of Cadiz had four maritime fishing inspectors on the job in 2004 and 2005.

It also observed that said Administration had three inspectors at its disposal in the province of Huelva through mid-2005, when the the staff was reduced to two inspectors only, Europa Press reports.

Upon examining the statistical data furnished by the European country, the Court focused on the fact that between 2004 and 2005, the number of hours dedicated to fishing inspections and control days aboard were significantly inferior to those of 2006.

As a result, the Court concludes that manpower was insufficient in guaranteeing the control and inspection of the fishing activity, in particular the landing and trade activities of species subject to dispositions relative to their minimum size.

The ECJ also concluded that Spain did not do enough to sanction offenders and that the sub-delegation of the Cadiz government only initiated 36 sanction procedures from 2000 to 2005 as the sub-delegation of the Huelva government initiated 35.

The Court of Justice also noted that in only 53 of 479 cases processed between 2000 and 2005 by the Junta de Andalusia, did the cases result in impeding fish below the authorised catch size from entering the commercialisation chain.

In reviewing the execution of sanctions imposed and their preventive nature, of the 36 procedures carried out by the sub-delegation of the Cadiz government between 2000 and 2005, the ruling highlights that fines were paid in only six cases.

Moreover, it was noted that of the 479 cases processed during those same years by the Junta de Andalusia, only 108 fines were paid; and 232 fines, that is, 48.43 per cent of the total levied, have not yet been settled.

By Analia Murias
editorial@fis.com
www.fis.com

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