WRITTEN QUESTION No. 3045/97 by Honório NOVO to the Commission. Arrest of Portuguese vessels in Moroccan waters
C 117/136 EN Official Journal of the European Communities 16. 4. 98 (98/C 117/183) WRITTEN QUESTION P-3045/97 by Hono·rio Novo (GUE/NGL) to the Commission (16 September 1997) Subject: Arrest of Portuguese vessels in Moroccan waters As the public and the Commission are undoubtedly aware, the Moroccan maritime authorities have recently arrested two Portuguese vessels fishing in Moroccan waters under the terms of the fisheries Agreement between Morocco and the EU. The second arrest took place only days ago, namely that of the small fishing boat Graça Vianaí registered in Portugal, whose crew come from Vila do Conde. The Moroccan authorities have sought to justify the arrest of the vessels and the imposition of fines with claims of illegal practice on the part of the Portuguese vessels. These accusations have been publicly, resoundingly and repeatedly denied by the shipowners concerned. Under the provisions of the EU-Morocco Fisheries Agreement, the Commission must be fully informed of the circumstances under which these arrests took place, and will undoubtedly have stepped in to resolve the problems and clarify the actual facts of the matter. This being so: what provisions in the Morocco Fisheries Agreement are the Moroccan authorities invoking as justification for having arrested the two Portuguese vessels and imposed fines? What steps has the Commission taken to carry out rigorous and impartial checks as to the veracity of the accusations made by the Moroccan authorities, namely by interviewing the skippers and owners of the arrested Portuguese vessels, directly and in person? Answer given by Mrs Bonino on behalf of the Commission (13 October 1997) Annex II Chapter VIII of the Agreement on sea fisheries between the Community and Morocco specifies the procedure to be followed in the event of a boarding. Point 1 of Chapter VIII states that the Moroccan Sea Fisheries and Merchant Navy Ministry will inform the Commission’s Delegation in Morocco within 48 hours of any boarding of a Community fishing vessel operating in Morocco’s zone and provide a brief report of the circumstances of the arrest. The Delegation (at Rabat) is to be kept informed of the progress of procedures and of any penalties imposed. Under point 3 of Chapter VIII the measure falls to be dealt with exclusively by the vessel owner. He may choose to settle the infringement administratively by paying a fine the amount of which will fall within a range laid down by Moroccan legislation, or may contest it in proceedings before a judicial body. In the case of the Graça Vianaí mentioned by the Honourable Member, the Moroccan authorities stated in a fax of 4 September that the vessel had been stopped for using prohibited gear. On the same day the Commission asked the Ministry for further information, in particular a copy of the report normally made out when a boarding occurs. While awaiting the Ministry’s response it was informed that the owner had settled the matter by the administrative procedure