EN Official Journal of the European Union CE 84/403

(2004/C 84 E/0469)

WRITTEN QUESTION P-0455/04

by José Ribeiro e Castro (UEN) to the Commission

(10 February 2004)

Subject: Illegal fishing — Azores and Madeira

There are media reports that the Spanish authorities have apparently ‘anticipated’ the application of the new Community Regulation (1954/2003 (1)), and liberalise access to half of the Azores and Madeira Economic Exclusion Zone; they have already issued licences for fishing in those waters to at least one Spanish shipowner, in what constitutes a clear violation of the deadlines established.

The same sources believe that this action on Spain's part is a direct assault on Portuguese sovereignty, since liberalisation was scheduled to take place only on 1 August 2004 (Regulation 1954/2003, Article 15), when the currently applicable Regulation is revoked.

The Portuguese radio channel TSF obtained access to a Spanish Ministry of Agriculture and Fisheries document authorising one shipowner to fish for swordfish and similar species in Azores and Madeiran waters, with the exception of the zone lying between the coast of the two archipelagos and the hundred-mile limit.

These documents were discovered by accident on 16 January 2004.

The Azores authority, whose satellites had already detected 16 Spanish vessels in local waters, have informed the Portuguese Defence Ministry of the discovery of this document, and have requested that surveillance, both by air and by sea, be reinforced.

The media claim that the Portuguese Government, in the person of the Secretary of State for Fisheries, has asked the Commission for its opinion of the Spanish licences for fishing off the Azores and Madeira.

If Spain's precipitate action proves to be illegal, the worst fears concerning the liberalisation of fishing in those waters will be confirmed, and Portuguese public opinion will have fresh cause for alarm.

The Commission:

— Is it aware of these facts, and the action of the Spanish authorities?

— How does it view this case and, particularly, the behaviour of the Spanish authorities?

— What measures has it taken, or will it take, to deal with this situation?

— Does it believe that Spain should make reparations to Portugal?

Answer given by Mr Fischler on behalf of the Commission

(11 March 2004)

The Commission is certainly aware of the facts raised by the Honourable Member, concerning the presence of Spanish fishing vessels in Azorean waters. There seems, however, to be a certain misunderstanding as regards the applicability of the Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95. The conditions for fishing activities in the waters up to 100 nautical miles from the baselines of the Azores, Madeira and the Canary Islands are laid down in Article 5 of the above-mentioned Regulation which entered into force on the seventh day following its publication in the Official Journal of the European Union (cf. Article 16), i.e. on 14 November 2003. Consequently, the special conditions for fishing in the waters of the Azores and Madeira are applicable from that date onwards. It is up to the national authorities to verify that these rules are followed.

Finally, the Commission is in constant dialogue with the Member States concerned in order to ensure as smooth an application of the new rules as possible.

(1) OJ L 289, 7.11.2003, p. 1.