WRITTEN QUESTION E-1787/00

by Salvador Garriga Polledo (PPE-DE) to the Commission

(8 June 2000)

Subject: Boarding of a Community fishing vessel by Canadian inspectors

The actions of Canadian inspectors on board a Portuguese freezer vessel with a Spanish crew (the Santa Mafalda) has once again given rise to fears that the Canadian authorities are launching a new halibut war.

On 24 April 2000 the Santa Mafalda was fishing in NAFO international waters when it was boarded by Canadian inspectors. This has been described by the Spanish Association of Licensed Seamen (Aetinape) as a further infringement by Canada of the International Law of the Sea.

How have the Community authorities responded to this further act of provocation (similar to the halibut war) on the part of the Canadian inspectors concerned and to what extent can Community fishermen be sure that such actions, which are an infringement of the International Law of the Sea, will not be allowed to happen again?

Answer given by Mr Fischler on behalf of the Commission

(12 July 2000)

In accordance with the North West Atlantic Fisheries Organisation (NAFO) scheme of joint international inspection and surveillance, each contracting party may assign inspectors to this scheme and notify surveillance vessels to NAFO. Provided that NAFO inspectors are assigned to the scheme and embarked on a surveillance vessel which has been notified to NAFO, they may carry out inspections on board any fishing vessel flying the flag of a contracting party.

NAFO inspectors are obliged to carry out their duties in accordance with the rules set out in the NAFO scheme. They are obliged to remain under the operational control of the authorities of their contracting parties and to be responsible to them.

On 23 April 2000, two Canadian NAFO inspectors, accompanied by a trainee, carried out a routine inspection on board the Community fishing vessel Santa Mafalda which operated at that moment in the NAFO regulatory area. Both the Canadian inspectors as well as the surveillance vessel on which they were embarked are listed under the above scheme. Their inspection was carried out under its auspices.

The Canadian NAFO inspectors alleged the vessel committed a serious infringement of NAFO rules. In accordance with NAFO procedures, the Commission has been informed of the details of the infringements by the Canadian NAFO inspectors. Inspectors of the Commission conducted, on 24 April 2000, a verification of the findings of the Canadian inspectors and transmitted their report to the Portuguese authorities who ordered the vessel to port. The vessel arrived in Aveiro on 10 May 2000. The case is being investigated by the Portuguese authorities.

As regards the way in which the inspection was conducted, the Commission has drawn the attention of the Canadian authorities to the seizure of relevant documentation by the Canadian NAFO inspectors as well as their continued stay on board the Santa Mafalda. The Commission takes the view that the Canadian NAFO inspectors acted in breach of the NAFO scheme by taking away documents from the vessel without the permission of the master and by continuing to stay on board after the arrival of the inspectors of the Commission on board the Santa Mafalda.

The Commission is confident that the Canadian authorities will take appropriate measures to ensure that future inspections by Canadian NAFO inspectors on board Community fishing vessels operating in the NAFO regulatory area are conducted in full compliance with the scheme.