WRITTEN QUESTION E-3135/00

by Rosa Miguélez Ramos (PSE) to the Council

(16 October 2000)

Subject: EC-Greenland fisheries agreement

On 14 September 2000, the Commission completed negotiations on a new fisheries agreement with Greenland, providing for an annual EU contribution of 42,82 million for 2000-2006. The Council has not yet adopted this agreement, which does not separate the two types of funding, one for fishing rights and the other for development aid, despite the Commission's undertaking that this agreement would distinguish between these two areas according to the Commission's own unilateral declaration, 28 million being assigned, to fishing rights, and the rest to development aid.

One of the controversial aspects of the present agreement with Greenland is that there is no real uptake of the quotas assigned to the EU, and certain fleets from countries interested in using these quotas are prevented from doing so because of the current distribution patters, which favours specific countries which in practice do not use their quotas. It would appear to be legitimate to reallocate these fishing opportunities, acquired and paid for with Community money, to fleets which are interested in them, but are presently blocked from using these fishing grounds.

Another issue in dispute is the complete failure to carry out exploration to investigate the existence of new stocks and identify new fishing opportunities, alongside the non-contribution of the shipowners concerned to the cost of the agreement, unlike most agreements signed by the Community.

How does the Council evaluate the implementation and development of the third protocol which expires on 31 December, and the use which has been made of it?

Does the Council intend to amend the new text so as to ensure respect for the principle of co-funding, in the shape of a levy paid by the Community shipowners benefiting from the Agreement? If not, how does the Council justify such discrimination?

Does the text of the new agreement envisage greater emphasis on exploratory fishing?

With a view to making maximum use of the fishing opportunities, is the Council going to introduce a mechanism for redistributing unused fishing opportunities?

Reply

(26 February 2001)

The Commission on 13 September 2000 initialled the draft Fourth Fisheries Protocol with Greenland, after the successful conclusion of negotiations with the Government of Denmark and the Home Rule Government of Greenland. In line with the negotiating mandate adopted by the Council on 4 August 2000, the Commission conducted these negotiations on behalf of the European Community, assisted by a special committee in accordance with Article 300 of the Treaty. The Council would also inform the Honourable Member that at its meeting on 14/15 December 2000 it decided to apply this Protocol provisionally pending the Commission proposal on the conclusion of the Agreement.

The Council notes the Honourable Member's comment on the financial compensation. The Council wishes to emphasise that the Community's view that, for the sake of enhanced transparency, the financial compensation should be split into a fisheries component and a cooperation and development component was expressed in the Agreed Record of Conclusions. Negotiations will continue in 2003 under the review process aiming at achieving this financial transparency and better addressing the development needs of Greenland.

The Council has not specifically evaluated the utilisation of the Third Fisheries Protocol. However, within the scope of the negotiation directives with Greenland, the Council and the Commission invited the Member States concerned to envisage the possibility of transfer of non- or under-utilised quotas to other Member States, with due regard to the requirements of sustainable fisheries and without prejudice to the principle of relative stability. The Council would like to recall that the principle of relative stability applies in the waters of Greenland and that the European Court of Justice held this view in cases C-63/90 and 67/90.

In its Conclusions of 30 October 1997 on Fisheries Agreements with Third Countries, the Council invited the Commission to consider the implementation of sharing of the financial cost of agreements between Community funds and payment by shipowners. In the case of Greenland, it was a matter for negotiation and the view that licence fees should be introduced was not acceptable to the other party. For its part, the Council will carefully study the Commission's proposals for the implementation of the Fourth Protocol when they are forwarded, before ascertaining whether there is in fact any discrimination of Community fishermen operating in the North Atlantic.

The new draft Protocol provides for the fishing of new species (snow crab) in the framework of joint ventures and joint enterprises and for the promotion of experimental fisheries.