WRITTEN QUESTION P-2236/00

by Albert Maat (PPE-DE) to the Commission

(29 June 2000)

Subject: Fisheries and Belgium's economic link requirement

Last year Belgium introduced the economic link requirement in fisheries. What this means is that ships flying the Belgian flag must have a genuine economic link with the Belgian coastal region and the population dependent on fisheries. In effect this means either that a proportion of the crew of fishery vessels must be Belgian or that a large proportion of the catch has to be landed at Belgian ports and sold at Belgian auctions. Dutch fishermen who have sailed vessels under the Belgian flag have lodged appeals with various bodies, including the Commission and the Belgian courts, against this economic link principle.

In April of this year the Belgian government concluded that the Dutch vessels failed to satisfy the economic link principle in the second half of 1999 and accordingly suspended the licences for a specific period of time.

The action taken by Belgium appears to be aimed at imposing restrictions on Dutch fishermen sailing under the Belgian flag. What is the Commission's attitude towards this economic link requirement imposed by Belgium? How does this relate to the objectives of the internal market which Belgium endorses?

Does the Commission intend to take action against the Belgian measures which, in my opinion, are a violation of the internal market principles of the European Union? If so, in what way? If not, why not?

Joint answer to Written Questions E-2205/00 and P-2236/00 given by Mr Fischler on behalf of the Commission

(31 July 2000)

By its judgment of 14 December 1989, in a case referred for a preliminary ruling (The Queen v. Ministry of Agriculture, Fisheries and Food, ex parte Jaderow Ltd, case C-216/87), the Court of justice recognised the right of a Member State to require that a fishing vessel flying its flag has a real economic link with that State if that link concerns only the relations between that vessel's fishing operations and the population dependent on fisheries and related industries. The Court stated that such an obligation was in conformity with Community law and, consequently, with the rules governing the internal market.

By an order dated 3 February 1999, the Belgian government has decided to require this real economic link for vessels flying the Belgian flag. This order states that the requirement is fulfilled when at least 50 % of the crew resides in the region of the Belgian coast, or when at least 50 % of the annual fishing catch is landed in ports on that coast and a substantial part of these landings is offered for sale in the local fish auctions, or, also, by a combination of those criteria. The shipowner may propose other criteria as well and the Belgian authorities have to decide whether the criteria suggested comply with this obligation.

The Belgian government had notified the Commission of the draft order and, as its provisions were in conformity with the above judgment of the Court of justice, the Commission had agreed to the draft order.

A group of shipowners has lodged a complaint against this obligation. It is related to the way in which this obligation is actually implemented by the Belgian authorities. The Commission is currently examining the complaint and will keep the Parliament informed.