Exemption from Regulation (EC) No 1967/2006 — Venus clam

30.1.2014

Question for written answer E-000974-14
to the Commission
Rule 117
Guido Milana (S&D)

Regulation (EC) No 1967/2006 establishes a de facto zero tolerance from catch to market.

Regulation (EC) No 1626/94 (and also Italian Law 963/65) stipulates a maximum clam (Venus spp.) diameter of at least 25 mm, which, in view of the large quantities of clams being fished and processed, is creating difficulties compounded by the imposition of substantial fines and additional points on fishing licences. The method used to catch clams (immersed metal grating with 11 mm grid space and on-board vibrating screens with 21 mm mesh) makes it technically impossible to select clams in accordance with minimum size requirements or avoid the inclusion of undersized clams on sales counters. It must also be borne in mind that bivalve molluscs, even up to the same maximum diameter may naturally vary (in length and thickness) depending on growth rates and substrate granulometry.

In view of the active management of intensive clam fishing grounds in the Adriatic and the middle and lower Tyrrhenian sea for example, involving planting, fishing ground rotation, regular fishing moratoria and, maximum daily quotas, minimum clam size does not appear to be a major conservation issue, at least as far as managed stocks are concerned. The discard ban, which will, from 2019, apply to all species subject to minimum size requirements, is unlikely to require the unloading of undersize bivalve molluscs, which have a high survival rate if discarded into the sea.

In view of this, will the Commission consider introducing an exemption from the 5% maximum size tolerance margin in cases where stocks are being actively managed?

OJ C 353, 07/10/2014