WRITTEN QUESTION P-2044/00

by Ilda Figueiredo (GUE/NGL) to the Commission

(16 June 2000)

Subject: Negotiation of the EU-Greenland fisheries agreement

The Portuguese deep-sea fishing fleet has suffered substantial cuts since the early 1990s: of the 52 factory vessels which made up the fleet in 1990, only 14 remain today. This is essentially the result of the absence of the quotas which should have been applied to ensure the profitability of this section of the fleet, with all that that involves for job creation, supplies to the processing industry and the fisheries-dependent regions. Today Portugal imports approximately PTE 150 billion's worth of fish. Since the minimum quota to ensure the profitability of a factory vessel is approximately 2 000 tonnes of fish per annum, and given that Portugal has a quota of 16 000 tonnes (NAFO, Irminger Sea, Norway and Svalbard), it may be concluded that a deficit of 12 000 tonnes has to be made good if the existing fleet is to be rendered viable.

Portuguese fleets have fished in Greenland's waters since the 1930s. However, following accession to the EU the situation was altered by the EU-Greenland fisheries agreement signed in 1985. This agreement, which is the second most costly of all, provides for catch possibilities of up to 140 000 tonnes, of which 112 000 (or 80 %) are allocated to Germany, with the remainder distributed between the UK, Denmark and France. This appears particularly unsatisfactory considering that Germany does not have the capacity to utilise its quota and its take-up rate under the agreement is in the region of 12 %. This state of affairs allows Greenland to resell the unused quota to third countries.

In view of the process for the renegotiation of this agreement, which is due to finish at the end of 2000, and the various decisions of the Fisheries Council since 30 October 1997 concerning the introduction of provisions to permit the transfer of catch possibilities from one Member State to another in case of under-use, will the Commission give consideration to altering the distribution of catch possibilities under this agreement with a view to ensuring full take-up of the quotas and improving the cost-efficiency ratio? In the case of the Portuguese fleet, will the Commission give consideration to guaranteeing Portugal a quota which would ensure the survival of its deep-sea fishery? Can the Commission state what the present state of progress is on the negotiations?

Joint answer to Written Questions P-2042/00 and P-2044/00 given by Mr Fischler on behalf of the Commission

(10 July 2000)

The internal distribution amongst Member States of fishing possibilities under a fisheries agreement is not the subject of negotiations with the third country but an internal matter to be resolved within the Community.

In general terms, the Commission is of the opinion that available catch quotas in third country waters under a fisheries agreement must be utilised in a rational and optimal manner and that appropriate mechanisms making transfers of unused or under-utilised catch quotas to other interested Member States should be designed without prejudice to the principle of relative stability.

The Court of Justice ruled, in its judgement given on 13 October 1992(1) that, under the principle of relative stability, under-utilisation alone offers no valid motive for a re-allocation of the catch quotas concerned to other interested Member States. Furthermore, the Court declared that, by accepting the acquis communautaire pursuant to the relevant provisions of the 1985 Act of Accession, Portugal was barred from invoking earlier traditions of fishing in Greenland waters as a motive to obtain a re-distribution of catch quotas allocated in accordance with the principle of relative stability.

The Commission is aware of a continued wish by the Portuguese administration to bring about a re-distribution of catch quotas in Greenland waters. However, no formal request has been received in the recent past.

As the 1985 Community-Greenland fisheries agreement will not expire, forthcoming negotiations will concentrate on a fourth fisheries protocol covering the years 2001-2006. The Commission expects to submit within the next few weeks a recommendation for a Council decision authorising the opening of negotiations for a fourth fisheries protocol. The Commission will, in due course, following the conclusion of these negotiations submit a proposal to the Council for the approval of the intended fourth protocol.

(1) Case C-63/90, Portugal v. Council.