WRITTEN QUESTION P-0026/03

by Paulo Casaca (PSE) to the Commission

(13 January 2003)

Subject: Limitation of fishing effort in the sea off the Azores under Portuguese jurisdiction under the terms of Regulations (EC) No 685/95 and No 2027/95

In the preamble to its proposal for a Regulation COM(2002) 739 of 16 December 2002 amending Regulation (EEC) No 2847/93(1) the Commission expresses justified concern about legal uncertainty as regards the validity of Regulations (EC) No 685/95(2) and No 2027/95(3). This concern is particularly keenly felt in the Autonomous Region of the Azores.

Measures to limit fishing effort in the waters off the Azores are the result of the biological fragility of the area, and not the result of transitional measures connected with the accession of Portugal and Spain to the Communities. Since this fact is fully recognised in the Commission proposal, does the Commission not consider that there is an urgent need to clarify its understanding of the validity of these regulations until they are replaced by a new Council regulation or, in any event, of the provisions of the regulations dealing with the fishing effort in waters under Portuguese and Spanish jurisdiction?

Can the Commission state its views on this issue?

(1) OJ L 261, 20.10.1993, p. 1.

(2) OJ L 71, 31.3.1995, p. 5.

(3) OJ L 199, 24.8.1995, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(10 February 2003)

The Commission has a clear understanding of the validity of the Council Regulations (EC) No 685/95 of 27 March 1995 on the management of the fishing effort relating to certain Community fishing areas and resources and (EC) No 2027/95 of 15 June 1995 establishing a system for the management of fishing effort relating to certain Community fishing areas and resources. The Commission is of the view that, as these Regulations do not contain an expressed time limit for validity (such as it exists, for example, in relation to the 12 mile zone in the Council Regulations (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture(1) and (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(2), the expiry of the transitional period established in the 1985 Act of Accession, does not make in itself the Council Regulations (EC) No 685/95 and (EC) No 2027/95 invalid. Indeed, it is the Court of Justice which has the monopoly to decide whether Community law is invalid(3). Until rules laid down in the Regulations are amended or repealed by the Community legislator they continue to apply, subject to a decision by the Court of Justice on the conformity of such rules with general principles of Community Law.

In order to end any legal insecurity and to take into account the expiry of the transitional period set out in the Act of Accession, the Commission has proposed a new Council Regulation(4) on this subject.

This Regulation should:

(a) adapt the Regulations on western waters fishing effort regime and control to the new legal situation, after the expiry of the transitional period established in the Accession Act of Spain and Portugal (31 December 2002);

(b) maintain the other provisions laid down in these Regulations, establishing a general system for the management of fishing effort in order to prevent an increase in fishing effort, which are not related to the Act of Accession of Spain and Portugal. Those provisions are important for fisheries management and should be maintained.

Measures to limit fishing effort in the waters off Azores are justified by the specific situation of this region. Accordingly, the present proposal provisionally keeps the existing limitations, until their assessment by the Commission during 2003. If necessary, the Commission will make a proposal to define new access rules.

(1) OJ L 389, 31.12.1992.

(2) OJ L 358, 31.12.2002.

(3) See judgements of the Court of 13 February 1979, Case 101/78, ECR 1979, p. 623, para 4; 22 October 1987, Case 314/85, ECR 1987, p. 4199, para 17-19; 9 November 1995, C-465/93, ECR 1995, p. 3761, para 21 ff;.

(4) COM(2002) 739 final.