WRITTEN QUESTION No. 822/98 by Carmen FRAGA ESTÉVEZ to the Commission. New Argentinian fisheries law and EU-Argentina fisheries agreement
Date: 1998-04-21
Institutions: European Parliament, FRAGA ESTEVEZ
Subjects: Argentina, agreement (EU), fishing agreement, inter-company cooperation, international law, national law

11.12.98

EN

Official Journal of the European Communities

C 386/47

(98/C 386/063)

WRITTEN QUESTION P-0822/98

by Carmen Fraga EstØvez (PPE) to the Commission

(9 March 1998)

Subject: New Argentinian fisheries law and EU-Argentina fisheries agreement

On 12 January 1998 the Republic of Argentina adopted a fisheries law which is to enter into force three months
after its adoption. That law contains a number of articles which radically change the rules governing joint
ventures by fixing the number of indigenous crew members, raising levies and setting new conversion
coefficients for hake, without putting forward any arguments to justify such action. As the Commission itself
has acknowledged, these new rules do not in any way comply with the terms under which the EU-Argentina
agreement was signed and will lead to a drastic reduction in the profitability of Community enterprises, as well as
in the number of jobs.

What steps is the Commission taking and what further action is it planning vis-(cid:224)-vis the Argentinian authorities to
ensure that they comply with the agreement, and what has been the outcome of its action to date?

Are there not grounds for holding in this case that compliance with the international obligations entered into takes
precedence over a state(cid:146)s domestic legislation?

Answer given by Mrs Bonino on behalf of the Commission

(21 April 1998)

The Commission is following changes in Argentine legislation closely. The possible impact of such changes on
joint ventures established in Argentina under the fishing agreement has been raised with the Argentine authorities
on several occasions. With this in mind, a joint working group was set up to consider the agreement, including the
new Argentine legislation. The working group has already met twice, in Buenos Aires on 9 and 10 February 1998
and in Brussels on 9 and 10 March 1998, and this work will be continued within the Joint Committee at its
meeting scheduled for early May.

As regards the primacy of international obligations over domestic legislation, Article 67 of the new Argentine law
stipulates that the latter applies without prejudice to Argentina(cid:146)s rights and obligations in this area under the
international treaties to which it is a signatory.

(98/C 386/064)

WRITTEN QUESTION P-0823/98

by Jan Sonneveld (PPE) to the Commission

(26 March 1998)

Subject: European model health certificate for exports of dry poultry manure

Intra-Community trade in dry, unprocessed poultry manure is in effect obstructed by the absence of certificates
describing the veterinary aspects of the manure. The annex to Commission Decision 96/103/EC (1) of 25 January
1996 announces that the Commission will draw up a model health certificate. Two years have elapsed and there is
still no draft European model. One Member state, Germany, has taken the initiative in drawing up a health
certificate for trade in dry unprocessed poultry manure.

1.

2.

Is the Commission aware of the German health certificate for exports of dry poultry manure?

Does the German health certificate have any legal validity?

3. Would the Commission appreciate it if other Member States were to draw up their own health certificates?