WRITTEN QUESTION E-2608/02

by Rosa Miguélez Ramos (PSE) to the Commission

(18 September 2002)

Subject: Arbitrary seizure of Community fishing vessels by Morocco

All too frequently Moroccan patrol ships arbitrarily seize Community vessels fishing outside Morocco's 200-mile Exclusive Economic Zone or on their way back from Mauritanian fishing grounds. Since 2001 six Spanish vessels with licences to fish off Mauritania (the Chomanuel, the Lameiro I, the Sudoeste, the Nuevo María Lourdes, the Villa de Agüimes and now the Viduido) have been seized arbitrarily on their return journey by Moroccan patrol boats. All this is against the International Convention on the Law of the Sea, Article 87 of which establishes the principle of free access to the high seas, and Article 56 of which sanctions the principle of freedom of navigation through exclusive economic zones.

On 1 September 2002 Moroccan patrol boats seized a Community cephalopod vessel, the Viduido, when it was returning from the port of Las Palmas after fishing in Mauritanian fishing grounds under the terms of the EC/Mauritania Fisheries Agreement. The Viduido is currently being held in the port of Dakla (formerly Villa Cisneros, in Western Sahara). Morocco's accusation of illegal fishing seems unfounded and there is every indication that the vessel was the victim of reprisals.

Community vessels fishing in the region are often subjected to extortion by the patrols or the military officials in the ports to which they are taken. The ship-owners are also obliged to pay a large fine to prevent the vessel being stranded in the port for several months pending a trial. It is unacceptable that, in addition to the licence fee for fishing in Mauritanian waters (more than the Community financial compensation for fishing opportunities laid down in the Agreement) shipowners should have to pay more fees to the Moroccans.

What steps has the Commission taken or does it intend to take to ensure that Morocco stops harassing Community fleets fishing under the terms of the EC/Mauritania Fisheries Agreement?

What steps is the Commission taking to enable the Community fleet to fish in the high seas without being harassed by Moroccan patrol boats? Has it considered requesting intervention by the International Tribunal for the Law of the Sea to safeguard the activities of the Community vessels which have the relevant licence to fish in Mauritanian waters, under the protection of an international agreement signed by the Community? Has the Commission lodged any complaint with the Moroccan Government regarding these abuses?

Joint answerto Written Questions E-2608/02 and E-2612/02given by Mr Fischler on behalf of the Commission

(25 October 2002)

The seizure of Spanish vessels is an issue which falls outside the competencies of the Communities and which must find its solution in a bilateral framework. The Commission supports a solution based on dialogue. It has enquired with the Moroccan authorities who have assured that they will continue to remain in close contact which their Spanish counterparts to handle individual cases as quickly and smoothly as possible.

The Commission is pleased to know that the issue has been solved in the meantime and that the vessel is released.