WRITTEN QUESTION P-2559/98

by Daniel Varela Suanzes-Carpegna (PPE) to the Commission

(28 July 1998)

Subject: Discrimination against the EU freezer-trawler fleet in Argentinian waters

While there is obviously no reason to object to authorities imposing a ban where it is scientifically justified, the recent, and quite unexpected, decision by Argentina to institute a two-month ban on hake fishing within its 200-mile zone is an act of discrimination against the EU freezer-trawler fleet, which fishes there under the EU-Argentina fisheries agreement; by contrast, a ban of only twenty days applies to fresh-fish vessels. This unexpected and discriminatory measure has created considerable legal insecurity and entails serious economic suffering for the Spanish-Argentinian joint ventures involved; it could create a quite unacceptable precedent.

1. Can the Commission explain how and when it was officially informed of the Argentinian authorities' intention to adopt this measure?

2. Was the Commission aware beforehand of the possibility of this occurring in the way that it did?

3. Was it informed of the matter by the industry?

4. What action has it taken on the matter, and how has it explained its actions to the industry affected?

5. Does the Commission consider this measure to be compatible with the terms of the EU-Argentina fisheries agreement, and, in particular, with the conditions agreed at the most recent meeting of the Joint Monitoring Committee set up under the agreement, providing for mutual consultation on any new measures and for the prior joint examination of the consequences of such measures?

6. Can the Commission state what measures it has adopted or intends to adopt to alleviate the damage which this measure will cause to the Community freezer-trawler fleet and ensure that such measures are not repeated in the future?

Answer given by Mrs Bonino on behalf of the Commission

(21 September 1998)

1. and 3. The Commission was informed in early July through various sources of the Argentinian intention to impose closed periods for the hake fisheries from 15 July.

2. The Commission would recall that a closed period was introduced for the hake fishery already in 1997, and in the discussions with the Argentinian authorities notably in the joint committee of 4-5 May 1998 it was clear that the state of the hake stocks had not improved.

4. The Commission intervened without delay to underline its preoccupation at the sudden imposition of a closed period which disrupted the commercial activities of the fleet and also asked for clarification as to the differing periods of closure applied to separate segments of the fleet.

5. The Community has consistently supported measures taken by the Argentinian authorities to redress the state of the hake stocks. This position is in the medium to long term interest of the Argentinian fishery sector including the vessels transferred under the fisheries agreement. It is the responsibility of the coastal state to take management measures on the stocks under its responsibility in accordance with the law of the sea.

6. The joint enterprises established under the agreement are subject to Argentinian law and consequently assume the financial and economic risks associated with any commercial company. It may be recalled that these companies received financial assistance from the Community in their establishment.