WRITTEN QUESTION P-1773/00

by Paulo Casaca (PSE) to the Commission

(29 May 2000)

Subject: Application of Regulation 1587/98

Council Regulation No 1587/98(1), implemented by Commission Regulation No 2844/98(2), extended to demersal fishing the support scheme for fishermen in the Autonomous Region of the Azores, which previously only applied to tuna intended for processing, in order to cope with the increased costs of this activity incurred as a result of the region's remoteness.

Most of the demersal species caught in the region are sent to other islands in the archipelago, to the Portuguese mainland, to other destinations in the European Union or are exported, whilst part of production is consumed on the island where it is caught.

In accordance with the law the demersal species caught off the Azores have to be sold at auction, although the fishermen do not know what the final destination of the fish is. In accordance with the rules of the single market, only exported fish has to be registered with the competent customs authorities.

Furthermore, the above-mentioned regulations do not lay down any requirement for the allocation of the subsidy other than the condition that the quantity and the species must be certified and the quantitative limits for allocation of the subsidy must be observed.

In view of the above, can the Commission say:

1. whether it does not consider that certification by the competent authority, Lotaçor, of the quantity and species of fish caught is sufficient evidence for payment to the fishermen, under the terms of the above-mentioned regulations?

2. whether it also considers it necessary to prove that the fish is sent outside island territory? If so, on the basis of what legislation and according to what procedures can this be certified?

(1) OJ L 208, 24.7.1998, p. 1.

(2) OJ L 354, 30.12.1998, p. 53.

Answer given by Mr Fischler on behalf of the Commission

(23 June 2000)

Council Regulation (EC) No 1587/98 of 17 July 1998 introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the Azores, Madeira, the Canary Islands and the French departments of Guyana and Réunion as a result of those regions' remoteness is designed to enable economic operators there to enjoy similar conditions to their counterparts in mainland Europe; under the scheme, compensation is paid in respect of product quantities actually shipped outside those regions.

In answer to the questions about economic operators in the Azores, it should be pointed out that:

1. In accordance with Article 6 of Commission Regulation (EC) No 2844/98 of 22 December 1998 laying down detailed rules for the application of Regulation (EC) No 1587/98, the regional government of the Azores adopted appropriate provisions to ensure compliance with the requirements for implementing the system.

Those provisions require recipients to submit documentary evidence of the quantities and species caught (see annexes to the relevant regional legislation). Payments are made on thebasis of individual applications drawn up using that documentation.

2. The scheme is designed to compensate for the proven additional costs incurred in marketing products outside the region. Accordingly, Article 3 of the relevant regional legislation stipulates that the destination markets are to be the other Member States, the United States and Canada. The annexes to that legislation also state that firms exporting products covered by the scheme must submit a number of specific documents, including the shippingcompany's invoice and the bill of lading or international dispatch note.