WRITTEN QUESTION P-1231/96 by Miguel Arias Cañete (PPE) to the Commission (15 May 1996)

Subject: EU-Canada joint programme

The Italian Presidency and the Commission are involved in negotiations with Canada concerning a joint programme and a political statement along the same lines as that adopted with the United States during the Spanish Presidency.

A number of trade disputes are continuing with Canada, in addition to the very serious fisheries dispute recently created by that country and which has led one Member State to bring a case before the International Court of Justice. Furthermore, Canada has still not ratified the fisheries agreement concluded with the Community in 1992. Nevertheless, Canada has maintained in force its unilateral legislation empowering it to act outside its 200-mile limit in clear breach of international law.

In the light of these circumstances, does the Commission believe that the necessary conditions exist for concluding a highly political agreement with Canada? Does the Commission not consider that the statements made by Commissioner Brittan during his recent visit to Ottawa on 17 March 1996 to the effect that the fisheries dispute is over undermine the negotiating position of the EU? Why is the Commission persisting with an approach which appears to be close to the Canadian position and which could prejudice the position of a Member State in the case currently being brought before the International Court in The Hague on a matter which does not fall within the Community's remit (violation of the law of the sea by Canada)?

What steps will the Commission take to secure the entry into force of the fisheries agreement with Canada, which was initialled on 17 December 1992?

Answer given by Sir Leon Brittan on behalf of the Commission (10 June 1996)

Fisheries have long been an important aspect of the relationship between the Community and Canada and are considered to be of prime importance in setting the tone for its future development.

The fisheries agreement of 1992 has not been ratified by Canada. The Community, however, has met all the obligations of the agreement, whereas Canada still has to meet its obligations. In order to maintain the appropriate equilibrium in the relationship Canada has to implement these outstanding provisions, particularly the granting of access to ports for Community fishing vessels and access to surplus stocks in Canadian waters.

The fisheries conflict of 1995 was formally resolved by the bilateral agreed minute signed on behalf of the Community and Canada on 20 April 1995. The provisions of the agreed minute were then adopted at the September 1995 meeting of the North atlantic fisheries organisation (NAFO). The final chapter in the dispute was the adoption by the Council of a decision on the conclusion of the agreed minute and of regulations implementing the NAFO agreement in December 1995. The Commission is not involved in the case initiated by Spain before the International court of justice. The agreed minute provided that nothing contained within it would prejudice the ability of Member States to preserve and defend their rights in conformity with international law.

During the fisheries dispute between the Community and Canada, the transatlantic relationship had been developing through the discussions on the Community and the United States action plan, culminating in the agreement on a joint agenda announced at the Madrid summit in November 1995. At this time the Presidency of the Council invited other Atlantic democracies to share in the objectives of the joint agenda. In parallel with that, progress was being made in the solution of a series of long standing trade irritants which had also been clouding the bilateral relationship with Canada in recent times.

With the completion of these developments in December 1995, relations between the Community and Canada were in substantially better shape than they had been for some time. Whilst some problems still remained, it appeared that the time had come to pick up the pieces of what had hitherto been a largely good relationship. Canada had expressed willingness to respond positively to the possibilities opened by the developments between the Community and the United States. The Commission, therefore, carried out a review of the relationship to determine whether further steps could be taken to strengthen the links and, at the same time, carry on the momentum of resolving problems which had been set in train in the latter half of 1995. Following discussions with the Council, the current round of talks on formulating an action plan began.

The issue of fisheries has been central to these discussions. A clear understanding on the issues of access to ports, and surplus stocks is seen as an important foundation for a reinforced global relationship and it is believed that the action plan talks provide an important new avenue of approach in persuading the Canadians of the necessity of granting access to ports and surplus stocks. At the same time specific talks on the issues raised by the 1992 agreement have been held. Canada has indicated a willingness to implement the outstanding provisions of the agreement, but wishes to discuss further the modes of implementation. Further discussions will be held shortly during which these issues will be addressed.