Pat Gallagher (Donegal, Fianna Fail)
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39. To ask the Minister for Agriculture, Food and the Marine the steps he proposes to take in view of a judgment (details supplied) which found that the European Commission acted beyond its competences, ultra vires and without a lawful legal basis and to ensure that the Commission fulfils its obligations under Article 266 TFEU; his plans in this regard; and if he will make a statement on the matter. [37570/16]

Michael Creed (Cork North West, Fine Gael)
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The matter raised by the Deputy refers to legal proceedings taken by a number of vessel owners against decisions taken by the EU Commission to refuse applications for safety tonnage under Article 4(2) of Council Decision 413/97 of 26 June 1997. The Commission has sole responsibility in regard to these decisions and the State had no involvement in the adjudication process.

Between 1 November 2001 and 14 December 2001, certain vessel owners submitted applications for increases in capacity for their fishing vessels on grounds of safety improvements, in accordance with Article 4(2) of Council Decision 413/97. My Department, by letter of 14 December 2001, submitted the application to the Commission to increase the capacity of the Polyvalent and RSW Pelagic segments in accordance with the applications. Adjudication on the applications was solely the responsibility of the EU Commission and the Irish authorities had no role.

The Commission refused 44 out of a total of 49 applications. Since then the vessel owners have taken the EU Commission, in a series of actions, to the European Court. In summary, this involved a number of the vessel owners, whose requests were rejected, successfully challenging the Commission’s Decision in the European Court. The vessel owners concerned requested the Commission to adopt a new decision complying with the criteria in the judgement. The Commission issued new decisions again refusing the applications. These decisions were again successfully appealed to the European court by the vessel owners.

The responsibility for these safety tonnage decisions lay entirely with the Commission. The Department or the State did not have any role in those decisions. My understanding is that the EU Commission must decide on how to proceed in light of the decisions of the European Court which have been in favour of the vessel owners. The owners will, I assume, maintain pressure on the Commission for a speedy response in light of the lengthy period since the applications were first made back in 2001. At this stage I do not consider that there is a role for the Irish authorities as the matters between the Commission and the vessel owners have not been finalised.