WRITTEN QUESTION E-1672/99 by Arlindo Cunha (PPE-DE) to the Commission. EC-Greenland Fisheries Protocol.
18. 7. 2000 EN Official Journal of the European Communities C 203 E/19 (2000/C 203 E/024) WRITTEN QUESTION E-1671/99 by Arlindo Cunha (PPE-DE) to the Commission (22 September 1999) Subject: EC-Greenland Fisheries Protocol The Third Fisheries Protocol between the European Community and Denmark and the Greenland Local Government, which came into force into 1985 and which was extended for six years after an initial ten- year period, lays down the terms and conditions governing fishing activities by Community vessels in the waters off Greenland, its period of applicability, from 1 January 1995 to 31 December 2000. in particular the Communityís catch quotas for each year of Could the Commission say what fishing possibilities are available to Community vessels under the above- mentioned Fisheries Protocol and to what extent they have been used by the Community since 1985 to the present day? (2000/C 203 E/025) WRITTEN QUESTION E-1672/99 by Arlindo Cunha (PPE-DE) to the Commission (22 September 1999) Subject: EC-Greenland Fisheries Protocol In view of the fact that, under the Third Fisheries Protocol with Greenland, the European Communityís annual fishing possibilities are systematically underused by Germany (the main beneficiary Member State), what is the Commission intending to do in order to make the most of what are valuable fisheries resources in non-Community waters and ones which make the agreement with Greenland the most expensive of all the Communityís fisheries agreements? Joint answer to Written Questions E-1669/99, E-1670/99, E-1671/99 and E-1672/99 given by Mr Fischler on behalf of the Commission (9 November 1999) Both the 1985 Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the local Government of Greenland, on the otherí as well as the current Third Protocol covering the period 1995 to 2000 will expire on 31 December 2000. However, the 1985 Agreement will be renewed automatically for an additional period of six years (i. e. for the period 2001 to 2006) if no notice of termination is given at least nine months prior to the expiry of the current period (i. e. prior to 31 March 2000). In this case, it would suffice to negotiate a successor protocol laying down the catch quotas and the financial compensation for the additional period in question. In view of these deadlines, a process of exploratory talks with Greenland, with the Member States as well as within the Commission, has already been started. This process has, however, not yet reached a stage which would allow the Commission to specify the possible form and contents of the instrument which will govern fisheries relations between the Community and Greenland in the period following 31 December 2000. Documentary material giving detailed information on both the catch quotas agreed under the three protocols with Greenland for each of the periods 1985 to 1989, 1990 to 1994 and 1995 to 2000 as well as the corresponding catches of the Member States concerned is sent direct to the Honourable Member and to Parliamentís Secretariat. Under-utilisation of catch quotas in Greenland waters is a complex phenomenon which was already observed in the period of the first protocol and which has persisted ever since. The main reason for this is biological. In view of this complexity, the Court of justice ruled, in its judgement given on 13 October 1992 in Case C-63/90, Portugal v. Council, that under the principle of árelative stabilityí, under-utilisation alone offers no valid motive for a re-allocation of the catch quotas concerned to other interested Member States. C 203 E/20 Official Journal of the European Communities EN 18. 7. 2000 In general terms, the Commission is of the opinion that available catch quotas in third country waters under a fisheries agreement must be utilised in a rational and optimal manner and that appropriate mechanisms making transfers of unused or under-utilised catch quotas to other interested Member States possible should be designed without prejudice to the principle of árelative stabilityí. The controversy revolves around the question as to what level of interference in the quota management of Member States is permissible under the principle of árelative stabilityí. This topic will have to be addressed in the framework of the impending overall cost-benefit analysis of fisheries agreements, which is to be presented to the Fisheries Council on 26 October 1999. (2000/C 203 E/026) WRITTEN QUESTION E-1677/99 by Marialiese Flemming (PPE-DE) to the Commission Subject: Hunting season for migratory bird species (22 September 1999) Council Directive 79/409/EEC (1) on the conservation of wild birds sets out the European Unionís commitment to conserving all species of wild birds occurring naturally in the European territory of the Member States. With regard to the hunting of certain species, the directive requires Member States to ensure that the principles of áwise use and ecologically balanced controlí of populations of the species concerned, in particular migratory species, are observed. They are required to ensure that migratory species in particular are not hunted during the various stages of reproduction or the rearing season. In March 1994 the Commission proposed an amendment to the directive, leaving it to each Member State to determine the period of the hunting season. The Commission proposal, which did not lay down a uniform EU-wide date for the end of the hunting season, was debated by the European Parliament. the annual hunting season ending on 31 January In February 1996, Members voted in favour of throughout the EU. What steps have since been taken to meet Parliamentís demand? Some Member States have fixed the period of the hunting season in a way which puts at risk the conservation of certain species. For example, the hunting season in France opens at a time when young birds are still dependent on being cared for by their parents. This contravenes Article 7(4) of Directive 79/ 409/EEC. For that reason, infringement proceedings have been instituted against France. What stage has been reached in the proceedings? What action does the Commission intend to take to ensure that the provisions of Directive 79/409/EEC are implemented in all the Member States? (1) OJ L 103, 25. 4. 1979, p. 1. Answer given by Mrs Wallström on behalf of the Commission (15 November 1999) On 1 March 1994 the Commission put forward a proposal (1) for the amendment of Council Directive 79/ 409/EEC of 2 April 1979 on the conservation of wild birds. (2) Since the proposal was based on Article 175 (ex-130s) of the cooperation procedure with Parliament was mandatory. Parliament delivered its opinion on 15 February 1996. The Council has not so far adopted a common position on the subject. the EC Treaty, The Commission believes that the dates of the opening and the close of the hunting season in France under the 1994 and 1998 laws (Law No 98-549 of 3 July 1998 amending Law No 94-591 of 15 July 1994 establishing the dates of the close of the hunting season for migratory birds) do not provide a guarantee of full protection for certain species of wild birds during their return to their rearing grounds or during their period of reproduction in accordance with Council Directive 79/409/EEC