EN Official Journal of the European Union CE 84/953

(2004/C 84 E/1053)

WRITTEN QUESTION P-1167/04

by José Ribeiro e Castro (UEN) to the Commission

(7 April 2004)

Subject: Regulation No 1954/2003: fishing activity in the Azores EEZ

The Commission stated in its answer to my written question P-0455/04 (1) of 11 March 2004 on Regulation No 1954/2003 (2) and fishing by Spanish vessels between the 100-mile and 200-mile limits of the Azores Exclusive Economic Zone (EEZ), basing its reply on Article 16 of the regulation, that the regulation came into force on 14 November 2003, a fact which no-one has questioned or is questioning.

Nonetheless, a moratorium has in fact been imposed with regard to the continued applicability on a transitional basis of Regulations (EC) Nos 685/95 (3) and 2027/95 (4), given that Article 15 of the new Regulation (EC) No 1954/2003 states that those other regulations from 1995 shall be repealed only with effect from 1 August 2004.

As the new regime is materially incompatible with that deriving from the two older regulations, it has to be concluded, pursuant to Regulation (EC) No 1954/2003 itself, that:

(1) up to 1 August 2004 the regime in force is still that of Regulations (EC) Nos 685/95 and 2027/95, since they are repealed only from that date; and

(2) the new regime will only come properly into force from that same date.

The Commission:

— can it explain why it intends to bring forward to 14 November 2003 the starting-date for implementing the new regime for access to certain areas and stocks, when Regulation (EC) No 1954/2003 states quite explicitly and with all clarity that until 1 August 2004 the regime of the 1995 regulations will still be in force and that those regulations are repealed only from that date?

— does it in fact believe that the two regimes are compatible and can be applied simultaneously? If so, how? How can there be any compatibility between rules stating respectively that fishing may still be limited and that there are no restrictions, for the same waters? On the basis of what interpretation, scope and legal basis could this be the case?

Answer given by Mr Fischler on behalf of the Commission

(26 April 2004)

The Commission reaffirms its position to the Honourable Member as regards Council Regulation (EC) No 1954/2003 of 4 November 2003 on the conditions applicable to fishing activities in the waters around the Azores, which is as follows:

— Article 5 of that Regulation contains a scheme for limiting fishing effort in these waters. That provision is different from the scheme applicable under Council Regulation (EC) No 2027/95 of 15 June 1995 which restricts access to all waters under the sovereignty or jurisdiction of Portugal and Spain to vessels flying the flag of the respective Member State.

— Confusion may have arisen as to the applicability of the starting date as a result of the fact that Article 15 of that Regulation does not repeal the previous Regulations until the date of entry into force of the implementing Regulation, or on 1 August 2004 at the latest.

— However, this provision does not affect the date of entry into force of Regulation (EC) No 1954/2003 and in particular Article 5 thereof. It is often the case that a particular question is governed by more than one legal provision. Where these conflict, the most recent rule applies. This is the case with Article 5 of Regulation (EC) No 1954/2003. That Article gives less extensive exclusivity to Spanish and Portuguese vessels than the previous scheme, which has not yet been formally repealed. In this case the most recent rule, i.e. Regulation (EC) No 1954/2003, takes precedence.

(1) See page 403.

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

(3) OJ L 71, 31.3.1995, p. 5.

(4) OJ L 199, 24.8.1995, p. 1.