# CE2004078EN.01011301.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/113 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/113

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(2004/C 78 E/0114)

WRITTEN QUESTION E-2436/03

by Ilda Figueiredo (GUE/NGL) to the Commission

(22 July 2003)

Subject:   Support for fishermen unable to fish for biological reasons

Subject:

Fishing with dredges is prohibited for 45 days in southern Portugal for biological reasons. This prohibition was in force again this year, without any compensation being paid to fishermen. This is clearly unfair, given their low incomes.

The Southern Fisheries Workers' Union has insisted that compensatory allowances should be paid during this period and called for the ban to be reduced to 30 days.

Nevertheless, the Portuguese Government argued that Community legislation does not permit the payment of such compensation and that for biological reasons it is not possible to reduce the length of the ban from 45 to 30 days because this could endanger stock biomass in the short term.

While it is indeed important to preserve stocks and maintain the current fishing effort, it is not fair that fishermen should have to bear the costs of conserving resources.

What measures will the Commission take to compensate fishermen's incomes?

Answer given by Mr Fischler on behalf of the Commission

(26 September 2003)

(26 September 2003)

The legal basis for compensation to fishermen and shipowners as a result of a temporary cessation of activity is Article 16 of Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (1), as last amended by Regulation (EC) No 2369/2002 (2).

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The Member States may grant aid, part-financed by the Community, in the event of unforeseeable circumstances, including those caused by biological factors. Compensation may be granted for no more than three consecutive months or six months over the entire period from 2000 to 2006. The managing authority must furnish the Commission in advance with scientific proof of these circumstances. The financial contribution from the FIFG to these measures per Member State for the entire period from 2000 to 2006 may not exceed the higher of the following two thresholds: EUR 1 million or 4 % of the Community financial assistance allocated to the sector in the Member State concerned. However, in the case of a recovery or management plan adopted by the Council or of emergency measures decided by the Commission, these thresholds may be exceeded.

The temporary cessation of fishing with dredges for biological reasons in southern Portugal must therefore be seen in this regulatory context. The Portuguese authorities responsible for managing the sector must examine whether the conditions laid down in the Regulation are met and, if that is the case, inform the Commission before taking the measures they think necessary and determining the level of financial compensation to be granted. As regards setting the length of time for which it is to be paid, this is also, in the first instance, the responsibility of the Portuguese authorities. Also, under Article 9 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (3)
  OJ L 358, 31.12.2002., the national authorities may take non-discriminatory measures at least as rigorous as the existing Community rules for the conservation of resources and marine eco-systems within the 12 nautical mile zone.

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(1)  OJ L 337, 30.12.1999.

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(2)  OJ L 358, 31.12.2002.

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(3)  OJ L 358, 31.12.2002.

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