WRITTEN QUESTION No. 496/98 by Daniel VARELA SUANZES- CARPEGNA to the Commission. Need for clarification of Argentinian EEZ
Date: 1998-03-02
Institutions: European Parliament, VARELA SUANZES-CARPEGNA
Subjects: Argentina, EU Member State, UNO, access to information, exclusive economic zone, fishing area, international conflict, law of the sea, public international law, vessel

21. 10. 98

EN

Official Journal of the European Communities

C 323/41

(98/C 323/52)

WRITTEN QUESTION E-0496/98

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

(2 March 1998)

Subject: Need for clarification of Argentinian EEZ

In its answer to Written Question E-3951/97 (1), the Commission states that it will address the question of the
serious  legal  insecurity  affecting  Community  vessels  fishing  in  international  waters  in  the  vicinity  of  the
Argentinian EEZ in due course and in the context of the common project to establish a system of cooperation in
the south-east Atlantic.

It  also  points  out  that  on  16  September  1996  Argentina  submitted  to  the  United  Nations  the  geographical
coordinates of its EEZ and that the Commission is not competent to settle matters relating to the demarcation of
(Argentina(cid:146)s) EEZ.

Is the Commission not aware that the Community vessel Arpo·n was seized on 13 May 1997, despite the fact that
Argentina had submitted the relevant coordinates concerning its EEZ on 16 September 1996?

What has been done to ensure that similar events cannot recur?

Is the Commission not aware that the checks made on the maps submitted to the UN showed that the coordinates
were not consistent with the geographical references given in the case of the Arpo·n?

Is it the case that the Commission intends to do nothing vis-a‘-vis Argentina or the United Nations and will accept
the current unclear situation and the attendant dangers for the Community fleet until such time as the common
(cid:145)project(cid:146) to establish a multilateral cooperation system in the area comes into force?

Is it not the case that the Commission(cid:146)s responsibilities for Community fisheries require it to ensure the proper
legal safety of Community vessels in international waters and to check and confirm the correct legal demarcation
of the EEZ of other states, thereby avoiding inaccuracies which may lead to new and unwanted conflicts?

(1)  OJ C 310, 9.10.1998, p. 5.

Answer given by Mrs Bonino on behalf of the Commission

(22 April 1998)

The Commission has carefully followed the case of the Community vessel Arpo·n. Even though this vessel was
not  operating  within  the  framework  of  the  fisheries  agreement,  both  the  Delegation  in  Buenos  Aires  and
Directorate-General XIV have intervened on several occasions and at various levels.

The Commission agrees that situations such as those which led to this seizure cause difficulties in interpretation
and generate a degree of instability for the ships operating in this region.

It  therefore  tackled  the  issue  of  the  demarcation  of  Argentina(cid:146)s  exclusive  economic  zone  (EEZ)  at  a  recent
meeting with the Argentine authorities. According to the Argentine authorities the point called (cid:145)Restringa sur
balneario  los  angeles(cid:146),  where  the  vessel  was  seized,  does  not  figure  on  the  maps  deposited  with  the  United
Nations because these are on such a large scale. It does, however, appear on all the other maps used to calculate
the baselines.

The Commission further considers that the coastal state has a clear duty under the terms of Article 56(2) and (75)
of  the  Convention  on  the  Law  of  the  Sea  to  provide  all  the  details  necessary  to  define  an  EEZ  and  that  it  is
answerable under international law if it fails to do so.

In order to be able to resolve this situation, the Argentine authorities are willing to hold a technical meeting with
Spain  in  which  the  Commission  is  also  willing  to  participate.  If  the  legal  uncertainty  continues  to  persist
afterwards, a more formal step may be envisaged.