Thomas Pringle (Donegal South West, Independent)
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22. To ask the Minister for Agriculture, Food and the Marine his views that the integrity of the penalty points system of the Common Fisheries Policy has been undermined by the recent refusal of the Danish authorities to allocate points to a vessel detected fishing without a quota in Irish waters over the summer of 2015; and if he will make a statement on the matter. [34207/15]

Simon Coveney (Cork South Central, Fine Gael)
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The imposition of points for the licence holder of a vessel involved in a serious infringement of the CFP is set out in Article 92 of Council regulation 1224/2009 and the detailed rules for its implementation are set out in Commission Regulation 404/2011. These regulations are given effect in S.I. No. 3 of 2014 European Union (Common Fisheries Policy) (Point System) Regulations 2014. Article 126(1) of Regulation 404/2011 places the obligation on the Flag Member State of the vessel to assign the points to the licence holder as a result of a serious infringement.

The procedure for vessels held liable for an infringement in the waters of another Member State are set out in Article 126(5) of Regulation 404/2011, the implementing rules . These state that the competent authorities of the flag Member State shall assign the points upon notification under Article 89(4) of the Control Regulation. The operation of these articles in the context of S.I. No. 3 of 2014 allows for the foreign licence holder to utilise the appeals mechanism in Ireland . However, if found liable for the infringement following an appeal, the SFPA will notify the competent authorities in the flag Member State of the infringement.

Article 126(5) of 404/201 1 is clear that it is the Flag M ember State which is liable for the assignment of the points when it has been notified pursuant to Article 89(4) of the Control Regulation that a vessel is held liable for a serious infringement . The wording of this Article does not appear to give discretion to the Flag M ember State in this process.

It should be noted that operational issues in relation to sea fisheries control are a matter for the Sea Fisheries Protection Authority (SFPA) who operate independently in relation to enforcement . The SFPA has issued the following statement in relation to the failure of the Danish Authorities to issue the points in accordance with the detection of a serious infringement by one of their vessels in the Irish Exclusive Fishery Zone.

“Ireland is a coastal state in whose waters numerous fishing vessels operate.  The points for serious infringements are significant sanctions to deter non-compliance with fisheries regulations across the EU and the SFPA is working to ensure that compliance is the norm for all vessels operating within the Irish EEZ, irrespective of nationality. 

The Authority is continuing to pursue this matter with the Danish Fisheries Control Authorities. SFPA has also been in communication with the EU Commission and will be seeking formal clarification on the assignment of points by a Flag State which have been notified to it by a Coastal State.”

The SFPA continues to press the EU Commission for a formal clarification on the discretion afforded to the Flag Member State when it has been notified that the licence holder has been held liable for a serious infringement.