EN Official Journal of the European Union CE 88/277

(2004/C 88 E/0282)

WRITTEN QUESTION E-1051/04

by Paulo Casaca (PSE) to the Commission

(5 April 2004)

Subject: Reaffirmation of the Commission's position on the validity of Article 15 of Regulation (EC) No 1954/2003

On 12 March, the Council's Legal Service [Note 7327/04] reaffirmed its position recognising the validity of the whole of Article 15 of Regulation (EC) No 1954/2003 (1).

On the same date, Commissioner Fischler wrote me a letter in which he acknowledged that regulations 685 and 2027 of 1995 are, at the present time, still applicable; these regulations make fishing in the Portuguese economic exclusion zone of the Azores the exclusive preserve of vessels with licences issued by the Portuguese national authorities.

To my utter consternation, Commissioner Fischler last night stated on Portuguese television that Spanish vessels could fish in the Portuguese economic exclusion zone of the Azores since they are licensed to do so.

Does the Commission possess information indicating that the Portuguese authorities have issued any fishing licence with effect from 1 January 2004 to Spanish vessels in the Portuguese economic exclusion zone of the Azores?

If not, can the Commission explain how it reconciles the Commissioner's two statements?

Answer given by Mr Fischler on behalf of the Commission

(30 April 2004)

We can inform the Honourable Member that the Portuguese authorities have not issued any fishing licences with effect from 1 January 2004 to Spanish vessels allowing them to operate in Portugal's Azorean economic exclusion zone.

We reaffirm our position on application of the 1995 arrangements and of those introduced by Council Regulation (EC) No 1954/2003 of 4 November 2003 (2). It is as follows:

— Article 5 of Regulation (EC) No 1954/2003 contains provisions for limiting fishing effort in Azorean and other waters. These differ from the arrangements of Council Regulation (EC) No 2027/95 of 15 June 1995 (3). Article 5 came into force on 14 November 2003;

— some uncertainty has been expressed about the validity of that date given that Article 15 of Regulation (EC) No 1954/2003 does not repeal the previous Regulations until the date of entry into force of the implementing Regulation, or 1 August 2004 at the latest;

— but that provision does not affect the date of entry into force of Regulation (EC) No 1954/2003, including its Article 5. It often happens in law that the same matter is regulated by two or more sets of provisions. If these conflict the most recent rule applies. In this case Article 5 of Regulation (EC) No 1954/2003 gives less extensive exclusivity to Spanish and Portuguese vessels than the previous arrangements, which have not yet been formally repealed, and as the most recent rule takes precedence.

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

(2) 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, OJ L 289, 7.11.2003.

(3) Council Regulation (EC) No 2027/95 of 15 June 1995 establishing a system for the management of fishing effort relating to certain Community fishing areas and resources, OJ L 199, 24.8.1995.