WRITTEN QUESTION E-2633/00 by Camilo Nogueira Román (Verts/ALE) to the Commission. Fisheries agreement between the European Union and Greenland.
Date: 2000-08-01
Institutions: European Parliament, Provisional data
Subjects: Galicia, Greenland, Spain, agreement (EU), catch quota, fishing agreement

C 103 E/202

Official Journal of the European Communities

EN

3.4.2001

(2001/C 103 E/230)

WRITTEN QUESTION E-2633/00

by Camilo Nogueira RomÆn (Verts/ALE) to the Commission

(1 August 2000)

Subject: Fisheries agreement between the European Union and Greenland

In 1984 the European Economic Community signed a fisheries agreement with the Government of
Denmark and the Autonomous Government of Greenland. At the time when the agreement was signed,
Spain had not yet joined the Community but when it did it was not granted any entitlement to fish in
Greenland waters, pursuant to the principle of relative stability.

The agreement currently provides for the setting up of pilot schemes or temporary business associations
which in theory would enable Spain to fish in the waters concerned but in reality (on account of the
Greenland authorities, and other practices), Spanish vessels (including the sizeable Galician fleet) have
never had access to those waters.

In view of the fact that the Member States catch nothing like their full quota of fish in Greenland waters
(and since a senior Commission representative even went as far as to describe them as (cid:145)paper quotas(cid:146)), is
the Commission proposing to amend this state of affairs? Could the Commission explain how Galicia and
Spain should set about altering this absurd situation so as to be able to fish in a country(cid:146)s waters in which
they have been historically active?

Answer given by Mr Fischler on behalf of the Commission

(15 September 2000)

The internal distribution amongst Member States of fishing possibilities under a fisheries agreement is not
the subject of negotiations with the third country but an internal matter to be resolved within the
Community.

In general terms, the Commission is of the opinion that available catch quotas in third country waters
under a fisheries agreement must be utilised in a rational and optimal manner and that appropriate
mechanisms making transfers of unused or under-utilised catch quotas to other interested Member States
should be designed without prejudice to the principle of relative stability.

The Court of Justice ruled, in its judgement given on 13 October 1992 (case C-63/90, Portugal and Spain
v. Council) that, under the principle of (cid:145)relative stability(cid:146), under-utilisation alone offers no valid motive for
a re-allocation of the catch quotas concerned to other interested Member States. Furthermore, the Court
declared that, by accepting the (cid:145)acquis communautaire(cid:146) pursuant to the relevant provisions of the 1985 Act
of Accession, Spain was barred from invoking earlier traditions of fishing in Greenland waters as a motive
to obtain a re-distribution of catch quotas allocated in accordance with the principle of (cid:145)relative stability(cid:146).

Under the 1985 Community-Greenland fisheries agreement currently in force, forthcoming negotiations
will concentrate on a fourth fisheries protocol covering the years 2001-2006. The Commission has
submitted a recommendation for a Council decision authorising the opening of negotiations for a fourth
fisheries protocol. The Commission will, in due course, following the conclusion of these negotiations
submit a proposal to the Council for the approval of the intended fourth protocol.