WRITTEN QUESTION E-1505/99 by Camilo Nogueira Román (Verts/ALE) to the Commission. Situation of the fishing fleet in the NAFO area in the context of bilateral relations between the European Union and Canada.
20. 6. 2000 EN Official Journal of the European Communities C 170 E/25 (2000/C 170 E/025) WRITTEN QUESTION E-1503/99 by Camilo Nogueira RomÆn (Verts/ALE) to the Commission (1 September 1999) Subject: Situation of the fishing fleet belonging to EC-Argentinean joint enterprises Before the fisheries agreement between the EU and Argentina expired, the Argentinean Government thereby unilaterally adopted a series of measures which blatantly discriminate against infringing and contradicting the provisions of the agreement. They concern the allocation and reduction of fishing quotas, the establishment of marketing areas applicable to the freezer fleet only, a reduction in the number of Community crew members, restrictions making it difficult for Community workers to obtain visas, etc. This situation prompted Community ship-owners ü mainly in Galicia ü to lodge a complaint with the European Court of Justice against the European Commission, on the grounds that the Commission had failed to offer the fleet adequate legal protection, in that the EU institutions were powerless against the measures adopted unilaterally by the Argentinean Government. the EU fleet, Can the Commission say what steps it intends to take to safeguard the interests of EU-Argentinean joint enterprises in Argentinean waters? By what date does it envisage adopting them? Why has the EU hitherto never made any efforts to this end? Answer given by Mr Fischler on behalf of the Commission (7 October 1999) In the last few years, catches of Merluza hubbsi in the exclusive economic zone (EEZ) of Argentina have risen substantially, threatening the conservation of this stock. Faced with this situation, the Argentinian Government declared an áemergencia pesqueraí and adopted a series of management and conservation measures. Some of these measures have had an impact on the activity of vessels operating under the fisheries agreement between the Community and Argentina. Their adoption without consulting the Community has led the Community to consider that they affect the general balance of the agreement. The Commission has several times made its position clear to the Argentinian side, in particular with regard to the difference in treatment between freezer ships and vessels taking fresh fish. Payment of the balance of money for scientific and technical assistance under the fisheries agreement between the Community and Argentina has been blocked. Despite the fact that this agreement and the rights and obligations arising out of it for the contracting parties expired on 24 May 1999, and that both the joint enterprises and vessels transferred under the agreement are entities in Argentinian law, the Commission is maintaining regular contact with the Argentine authorities and is following developments closely. (2000/C 170 E/026) WRITTEN QUESTION E-1505/99 by Camilo Nogueira RomÆn (Verts/ALE) to the Commission (1 September 1999) Subject: Situation of the fishing fleet in the NAFO area in the context of bilateral relations between the European Union and Canada The Community fishing fleet, which operates in international waters under multilateral NAFO control, has seen its ships considerably reduced in numbers over the last few years and the allowable catches have also been reduced. EU and Canadian delegations met recently in Cologne to sign a commercial and economic cooperation agreement, which will not cover fishery relations. There are therefore no guarantees that Canada will repeal Law C-27 which authorises the country to fish outside the 200-mile exclusive economic C 170 E/26 Official Journal of the European Communities EN 20. 6. 2000 zone and is contrary to international law. Some time ago this situation led to the seizure of the Galician vessel Estai and a dispute which has still not been settled in law. In view of all this, can the Commission say why it refuses to settle the ongoing fisheries dispute? What steps has the EU devised to safeguard Community fishing interests ü which affect Galicia in particular ü in the NAFO area, in view of the authorised increase in fishing activity and the repeal of Law C-27? Answer given by Mr Fischler on behalf of the Commission (25 October 1999) It should be recalled that the dispute, which arose within the Northwest Atlantic fisheries organisation (NAFO) on the sharing of the Greenland halibut stock and which culminated in Canadaís arrest of the Spanish trawler Estaií in international waters in March 1995, was settled by both the conclusion of the Agreement constituted in the form of an agreed minute, an exchange of letters, an exchange of notes and the Annexes thereto between the European Community and Canada on fisheries in the context of the NAFO Conventioní of 20 April 1995 (1) and, as intended, the subsequent adoption (ámultilateralisationí) by NAFO of the agreed package of measures at the 17th annual meeting of NAFO which was held from 11 to 15 September 1995. Under the terms of this settlement, Canada removed Spain and Portugal from the list of states against which the Canadian fisheries legislation of 1994 (so-called Bill C-29) could be applied. It should also be noted that, in recent dealings about the new legislation enabling Canada to implement the 1995 United Nations (UN) Agreement on straddling fish stocks and highly migratory fish stocks (so-called Bill C-27), Canada restated in writing that áfurther to the 1995 Canada/EU Agreed Minute, Canada took Spain and Portugal off the list of States against which the provisions of Bill C-29 could be applied; those two countries are still off that list and the adoption of Bill C-27 does not change anything in that respectí. The Commission believes that firmness on principles offers the best prospects for the avoidance of a repetition of the events of 1995. In line with this, the Commission has consistently taken exception to extra-territorial aspects of Canadian fisheries legislation. Furthermore, it has emphasised and continues to emphasise the importance of the rule of law in international fisheries relations, the priority of international law (i. e. the NAFO Convention and customary international law in the present instance) over pieces of domestic legislation and the need for appropriate procedures for the peaceful settlement of international disputes. In the latter context, the Commission has insisted on a continuation and acceleration of work on a specific dispute settlement mechanism in the framework of NAFO. At this yearís annual meeting of NAFO, which was held from 13 to 17 September 1999, and against initial resistance from Canada, this motion remained successful. (1) Council Decision 95/0586/EC of 22 December 1995, OJ L 327, 30. 12. 1995. (2000/C 170 E/027) WRITTEN QUESTION P-1508/99 by Wolfgang Kreissl-Dörfler (Verts/ALE) to the Commission (1 September 1999) Subject: Promoting the Königsbrücker Heideí and Am Spitzbergí nature conservation areas (in Saxony, Germany) in the context of the Communityís Konver initiative As part of the Konver initiative the Community has given financial aid to the Königsbrücker Heideí and Am Spitzbergí nature conservation areas in Saxony. Can the Commission answer the following: 1. What is the amount of subsidies and loans, what are they for and what specific measures have they been used to support?