WRITTEN QUESTION E-0399/98

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

(24 February 1998)

Subject: Impact of the new Argentinian Fisheries Law on EU fishery interests

The promulgation of a new Argentinian Fisheries Law demanding that the crews of joint-venture fishing vessels operating in Argentine waters should all be of Argentinian nationality could have extremely grave consequences for employment and Community joint ventures fishing in Argentinian waters.

Can the Commission tell me how many European vessels and fishermen belonging to European joint ventures would be affected if such a measure were to be implemented?

How many of these vessels and fishermen are operating under the present Fisheries Agreement between the EU and the Argentine Republic?

In the latter instance, does the Commission not believe that a change in legislation which so drastically affects the status quo under which the Agreement was negotiated is an adequate reason for denouncing the said Agreement?

Did the Argentinian authorities consult the Commission about the application of these new conditions to vessels belonging to European joint ventures, in view of the fact that the vessels would be subject to them under the new legislation the authorities were seeking to promulgate?

What measures has the Commission taken and what measures does it intend to take in order to resolve the major problem which the new Argentinian legislation could pose to European fishing interests?

Answer given by Mrs Bonino on behalf of the Commission

(2 April 1998)

The most recent information that the Commission has on fishing vessel crews relates to the ships belonging to the joint enterprises formed under the agreement.

At its meeting on 9 and 10 February 1998 in Buenos Aires, a Commission-Argentina working group set up to examine the agreement looked at how the projects approved by the Joint Committee were functioning. It transpired from this examination that 29 projects were operational, including three joint ventures.

For illustrative purposes, a study of the crews involved in a number of fishing voyages in 1997 that shipowners transmitted to the Argentinian authorities indicated that the 25 ships in the same number of joint ventures employed 931 sailors, of which 639 were Argentinian, 262 were Community nationals and 30 were of other nationalities.

The joint ventures are not affected by the new Fisheries Law since item H of Annex II of the agreement stipulates that at least 30 % of the crew of the vessels in such joint ventures must be Argentinian. In view of the fact that the agreement contains no equivalent provision on joint enterprises and they fall under Argentinian law, they are subject to the Argentinian rules and regulations in force.

That said, the Commission is carefully monitoring developments as regards fisheries policy in Argentina. In this context the Argentinian authorities and the Commission have on several occasions discussed the implications that the new Fisheries Law and the conservation measures recently adopted by the Argentinian Government may have on the joint enterprises and joint ventures.

The Commission-Argentina working group examining the agreement must complete its work before the Joint Committee meets around the end of April or at the beginning of May 1998. Both the working group and the Joint Committee will discuss these issues.