Vol. 542 No. 1
31 Mr. B. Hayes asked the Minister for the Marine and Natural Resources if Ireland is the only EU member state in which the automatic confiscation of gear and catch follows on conviction on a fishery offence under the Common Fisheries Policy; if so, the reason legislation here is more severe than in other member states; and if he will make a statement on the matter. [23420/01]
Member states have responsibility for the enforcement under the Common Fisheries Policy and for the application of national penalties where breaches of EU fisheries law occur. Varying national legal and juridical systems result in differing approaches to fisheries enforcement and to sanctions for infringements. In Ireland, Belgium, France, the Netherlands and the UK fisheries offences fall under the jurisdiction of the courts. In Germany, Spain and Portugal administrative authorities impose the penalties. In certain other member states either criminal or administrative sanctions can apply. The penalties available under Irish law for fishery infringements in our waters are among the toughest in Europe. These deterrents reflect our determination to safeguard fish stocks and eliminate illegal fishing activity in Ireland's extensive exclusive economic zone.
Provisions for monetary fines and for forfeiture of catch and/or gear are common throughout member states although differences arise in their application. In Ireland certain serious fisheries offences, including undersized nets and secret storage, carry mandatory forfeiture of catch and gear on conviction. I agree with the Commission's stated view that harmonisation of sanctions across member states is an essential objective in creating a level playing field in enforcement, and will continue to press for progress on this admittedly complex issue.
