WRITTEN QUESTION E-2494/00 by Salvador Garriga Polledo (PPE-DE) to the Commission. EU action in the face of obstacles imposed by Chile on fishing vessels from Member States.
Date: 2000-08-02
Institutions: European Parliament, Provisional data
Subjects: Chile, GATT, common commercial policy, conservation of fish stocks, free movement of goods, international commercial arbitration, international trade, trade restriction, transit

C 136 E/42

Official Journal of the European Communities

EN

8.5.2001

(2001/C 136 E/045)

WRITTEN QUESTION E-2494/00

by Salvador Garriga Polledo (PPE-DE) to the Commission

(2 August 2000)

Subject: EU action in the face of obstacles imposed by Chile on fishing vessels from Member States

Since 1991 Chile has been enforcing port restrictions on the Spanish fishing fleet operating in the Pacific
Ocean, which numbers between 8 and 12 factory vessels fishing for tuna, depending on the season.

The basic problem is that the landing of catches and their transfer to other vessels is being prevented, in a
clear breach of international obligations regarding freedom of transit and imports.

Will the Commission state the European Union(cid:146)s current position vis-(cid:224)-vis the damaging approach adopted
by Chile, which is causing immense harm to the Community fleet in the form of substantial economic
losses and the inability to import fish into other markets?

Answer given by Mr Lamy on behalf of the Commission

(25 September 2000)

Since 1991, Community vessels have not been allowed to transship or land their catches of highly
migratory species, such as swordfish, in Chilean ports, when these catches were made in contravention of
conservation rules unilaterally imposed by Chile, regardless of the fact that the catches were made in
international waters.

This question has been raised on several occasions with Chile on a bilateral basis. In 1998 the Commission
initiated an examination procedure under Council Regulation (EC) No 3286/94 of 22 December 1994
laying down Community procedures in the field of the common commercial policy in order to ensure the
exercise of the Community(cid:146)s rights under international trade rules, in particular those established under the
auspices of the World Trade Organisation (1) (trade barriers regulation (TBR)). This investigation concluded
that Chile violated the principle of freedom of transit, established by Article V of the General agreement on
tariffs and trade (GATT) 1994, and that the Chilean ban on unloading catches made by Community vessels
was contrary to Article XI.

It has not been possible to find an amicable solution on the basis of the conclusions of the TBR findings.
Under these circumstances, the Community had to initiate World Trade Organisation (WTO) proceedings
with Chile. WTO consultations have taken place during the June/July period. The issue will again be raised
at the highest level at the end of September in Santiago. Depending on the outcome of these talks the
Commission might need to consider to formally request the establishment of a dispute settlement panel
under the WTO.

(1) OJ L 349, 31.12.1994.

(2001/C 136 E/046)

WRITTEN QUESTION E-2495/00

by Salvador Garriga Polledo (PPE-DE) to the Commission

(2 August 2000)

Subject: Structural Fund budget items earmarked for environmental protection in Madrid

EU environment ministers, meeting recently in Oporto, expressed the need for the EU to abandon its
unfocused and confused political action for cities and make environmental protection a priority. At their
meeting, the 15 ministers acknowledged that the big cities are a source of serious economic problems,
which stem from their failure to use energy efficiently and organise their activities and services adequately.