WRITTEN QUESTION P-3172/02

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(30 October 2002)

Subject: 'Heavily fisheries-dependent' regions, relative stability and access to fisheries resources

In its reply to my questions E-0650/02(1), E-2096/02, E-2097/02 and E-2098/02(2), the Commission failed to answer the specific points I raised, thereby obliging me to pursue this matter further. I had asked the Commission to say what the criteria were for a European region to be classified as heavily fisheries-dependent for the purpose of allocating fishing opportunities and whether it thought it necessary, in accordance with the Community legal concept of the progressivity principle, to update the list of heavily fisheries-dependent regions, since the current one had been in force for 20 years, and to include new regions dependent on fisheries, following the various accessions of new Member

States such as Spain and Portugal. However, the Commission did not respond to these points and confined itself to pointing out that the concept of fisheries dependence is defined in Article 4(8) of Council Regulation (EC) No 1260/1999(3) dealing with structural aid to the fisheries sector in Objective 2 regions. It does not appear in Council regulations such as those dealing with the allocation of fishing opportunities at Community level and their subdivision into national quotas allocated between Member States'. In the resolution it adopted in the Hague on 3 November 1976, the Council specifically noted the vital needs of local communities dependent on fisheries should be taken into account when applying the CFP. Along the same lines, in its declaration of 30 May 1980, the Council spelled out the criteria for the allocation of quotas between Member States: traditional fishery activities, special needs of regions whose populations are particularly dependent on fisheries and loss of catch potential in third country waters. These criteria form the mechanism for the allocation of fisheries quotas under the relative stability system. On the basis of these criteria, Greenland, Ireland and the northern United Kingdom were designated 'heavily fisheries-dependent regions, and since that time have benefited from the principle of relative stability. This mechanism has continued unchanged, without any new regions being included under the successive basic regulations.

Does the Commission not agree that the concept of heavily fisheries-dependent regions is not solely confined to Regulation (EC) No 1260/1999 on the Structural Funds, but was previously used by the Council for the purpose of allocating fisheries opportunities, as reflected in the recitals to Council Regulation (EEC) No 3760/92(4), which is still in force?

Given the criteria laid down by the Council in 1980, for the allocation of fisheries opportunities, does the Commission not think that regions such as Galicia which in its replies it has acknowledged to be very dependent upon fishing should also benefit from a fresh allocation of fisheries opportunities, once the transitional period following the act of accession has expired and on the basis of the criteria set out above, particularly following the loss of catches in third country waters it has suffered with regard to Moroccan fishing grounds?

(1) OJ C 229 E, 26.9.2002, p. 114.

(2) OJ C 28 E, 6.2.2003, p. 182 and 183.

(3) OJ L 161, 26.6.1999, p. 1.

(4) OJ L 389, 31.12.1992, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(6 December 2002)

The Commission is aware that the initial allocation keys adopted in 1983 for a number of stocks took into account the special circumstances of certain Community coastal regions. However, in current Community legislation, the notion of fisheries dependent region only exists in the framework of Council Regulation (EC) No 1260/1999(1), dealing with the Financial Instrument for Fisheries Guidance, and thus has no link with quota allocation. On the other hand, in the context of the basic regulation on the common fisheries policy(2), the provisions concerning allocation of fishing possibilities (Article 8 thereof) do not mention fisheries-dependent regions as a criterion. Nor does the Treaty of Accession of Spain contain provisions to the effect that, upon expiry of the transitional period, existing allocations should be reconsidered. There is no legal basis for an updating of the definition of fisheries-dependent regions with a view to re-opening the debate on existing allocation keys.

The Council enjoys a large room for discretion in determining which factors must be taken into account when adopting allocation keys. The criterion of fisheries-dependent regions has, however, never been used to re-open any quota allocations established in 1983 or thereafter.

On the other hand, Article 8 of Regulation 3760/92 recognises that, when allocating new fishing possibilities, the interest of all Members States shall be taken into account.

(1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds, OJ L 161, 26.6.1999.

(2) Council Regulation (EC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture, OJ L 389, 31.12.1992.