WRITTEN QUESTION No. 3045/97 by Honório NOVO to the Commission. Arrest of Portuguese vessels in Moroccan waters
Date: 1997-09-16
Institutions: European Parliament, NOVO
Subjects: Morocco, Portugal, application of EU law, fine, fishing agreement, fishing area, fishing regulations, fishing vessel, seizure of goods, territorial waters

C 117/136

EN

Official Journal of the European Communities

16. 4. 98

(98/C 117/183)

WRITTEN QUESTION P-3045/97

by Hono·rio Novo (GUE/NGL) to the Commission

(16 September 1997)

Subject: Arrest of Portuguese vessels in Moroccan waters

As  the  public  and  the  Commission  are  undoubtedly  aware,  the  Moroccan  maritime  authorities  have  recently
arrested two Portuguese vessels fishing in Moroccan waters under the terms of the fisheries Agreement between
Morocco and the EU.

The second arrest took place only days ago, namely that of the small fishing boat (cid:145)Gra(cid:231)a Viana(cid:146) registered in
Portugal, whose crew come from Vila do Conde.

The Moroccan authorities have sought to justify the arrest of the vessels and the imposition of fines with claims
of illegal practice on the part of the Portuguese vessels. These accusations have been publicly, resoundingly and
repeatedly denied by the shipowners concerned.

Under the provisions of the EU-Morocco Fisheries Agreement, the Commission must be fully informed of the
circumstances  under  which  these  arrests  took  place,  and  will  undoubtedly  have  stepped  in  to  resolve  the
problems and clarify the actual facts of the matter. This being so:

what provisions in the Morocco Fisheries Agreement are the Moroccan authorities invoking as justification for
having arrested the two Portuguese vessels and imposed fines? What steps has the Commission taken to carry out
rigorous and impartial checks as to the veracity of the accusations made by the Moroccan authorities, namely by
interviewing the skippers and owners of the arrested Portuguese vessels, directly and in person?

Answer given by Mrs Bonino on behalf of the Commission

(13 October 1997)

Annex II Chapter VIII of the Agreement on sea fisheries between the Community and Morocco specifies the
procedure to be followed in the event of a boarding.

Point  1  of  Chapter  VIII  states  that  the  Moroccan  Sea  Fisheries  and  Merchant  Navy  Ministry  will  inform  the
Commission’s Delegation in Morocco within 48 hours of any boarding of a Community fishing vessel operating
in Morocco’s zone and provide a brief report of the circumstances of the arrest.

The Delegation (at Rabat) is to be kept informed of the progress of procedures and of any penalties imposed.

Under point 3 of Chapter VIII the measure falls to be dealt with exclusively by the vessel owner. He may choose
to settle the infringement administratively by paying a fine the amount of which will fall within a range laid down
by Moroccan legislation, or may contest it in proceedings before a judicial body.

In the case of the (cid:145)Gra(cid:231)a Viana(cid:146) mentioned by the Honourable Member, the Moroccan authorities stated in a fax
of 4 September that the vessel had been stopped for using prohibited gear.

On the same day the Commission asked the Ministry for further information, in particular a copy of the report
normally made out when a boarding occurs.

While  awaiting  the  Ministry’s  response  it  was  informed  that  the  owner  had  settled  the  matter  by  the
administrative procedure.