WRITTEN QUESTION P-2334/97 by Daniel Varela Suanzes-Carpegna (PPE) to the Commission (30 June 1997)

Subject: Commission position on joint Spanish-British fisheries undertakings

According to the statements which the British Prime Minister and his Minister for Agriculture made to the British Parliament and the press on 18 June 1997, following the recent Amsterdam summit, the British Government has received written support (in the form of a letter) from the President of the Commission for its fisheries policy as regards the introduction of new conditions governing the operation of joint Spanish-British fisheries undertakings fishing in Community waters off the United Kingdom.

1. Did the Commission give a written undertaking to support measures put forward unilaterally by the British Government?

2. What legal and political significance does the Commission place on the above letter?

3. What exactly did the letter say?

4. Did the Commission take the Spanish Government's opinion into account before forwarding the letter?

5. Did it consult the undertakings concerned before taking such a step?

6. Does it feel that it has fulfilled its duty faithfully to uphold the treaties and the fundamental principles and freedoms deriving therefrom by intervening in support of a national government proposal concerning a matter on which the Court of Justice has already handed down several rulings regarding the legality of the activities of such undertakings (many of which are still waiting for the British authorities to pay them compensation in compliance with those rulings), which are operating in compliance with the fundamental principles and freedoms of the single market enshrined in the Treaty?

Joint answer to Written Questions P-2334/97, P-2369/97, E-2389/97, E-2390/97, E-2391/97 and E-2392/97 given by Mrs Bonino on behalf of the Commission (29 July 1997)

Under Article 9 ¶ 2 of Council Regulation (EEC) No 3760/92 establishing a Community system for fisheries and aquaculture ((OJ L 389, 31.12.1992. )), Member States inform the Commission each year of the criteria they have adopted for distribution and of the detailed rules for the use of the fishing availabilities allocated to them, in accordance with Community law and the common fisheries policy. Therefore, Member States are competent for the adoption of licensing conditions, in so far as these conditions are not governed by Community law, but in the exercise of their competence they have to respect Community law and to inform the Commission.

In this framework the Commission is empowered to take a position on the compatibility of proposed national measures with Community law and to convey its opinion to each Member State which requests confirmation of such compatibility by the Commission.

The Court of justice has accepted that the aim of the quota system may in fact justify conditions designed to ensure that there is a real economic link between the vessel and the Member State in question if the purpose of such conditions is that the populations dependent on fisheries and related industries should benefit from the quotas.

The United Kingdom, like the other Member States, is competent to adopt measures to ensure the existence of a real economic link with the fishing vessel flying its flag. The United Kingdom asked for confirmation whether certain measures could be compatible with Community law.

The President of the Commission replied in his letter to Mr Blair, that the requirements proposed could be compatible with Community law if they are non-discriminatory, proportionate to their aim and alternative, offering the fishing operators the option to comply with one or more of these requirements or possible other elements, to prove the existence of an economic link with the flag state.

The exchange of letters with Mr Blair was preceded by technical discussions between the British authorities and the Commission, and the Spanish authorities were informed of their outcome in a timely manner.

In any case, the Commission will scrutinise any specific measure that the United Kingdom may decide to enact regarding the allocation of quotas, as it has done before and will continue to do with respect to all Member States' legislation, as guardian of the treaties.

The Commission will accept the compatibility of any definitive measures with Community law only if these are non-discriminatory, proportionate, alternative and fully consistent with the case-law of the Court of justice, taking into account, as it is its duty, the legitimate interest of all Member States.