WRITTEN QUESTION P-3962/00 by Elspeth Attwooll (ELDR) to the Commission. Fisheries agreement between the European Union and Senegal.
Date: 2000-12-08
Institutions: European Parliament, Provisional data
Subjects: Senegal, agreement (EU), fishing agreement

C 174 E/200

Official Journal of the European Communities

EN

19.6.2001

Answer given by Mr Monti on behalf of the Commission

(24 January 2001)

The questions put by the Honourable Member concern the problems of compound interest raised by the
Italian Constitutional Court(cid:146)s judgment 425/00.

They can be answered as follows:

(cid:129) Outside the routine contacts between the Commission and the ABI (Italian Banking Association), no
discussion has taken place that has dealt specifically with compound interest. However,
two
complaints have been lodged with the Commission by, on the one hand, ABI and AIBE (Italian
External Banking Association) and, on the other, the European Banking Federation regarding Italian
Law 108/96 on usury. They have been registered under No 2000/5209. By letter of 22 December
2000, the Internal Market Directorate-General called on the Italian to present its observations on this
entire matter.

(cid:129) The Commission formally denies having given anyone whatsoever assurances along the lines indicated
by the Honourable Member. On the contrary, its policy is to strike a balance between the interests at
stake since the single market can be achieved only if there is complete confidence between consumers
providers of services. The Financial Services Action Plan, which is being implemented, has announced
and pursued in unambiguous manner this balanced approach.

(cid:129) The Commission is aware of the problems of compound interest, which will be examined generally at
European level as part of the review of Council Directive 87/102/EEC of 22 December 1986 on the
approximation of the laws, regulations and administrative provisions concerning consumer credit (1).
However, the rules of Council Directive 93/13/EEC on unfair terms in consumer contracts (2), the
application of which is the responsibility of the national authorities, seem suited to tackling, where
necessary, the problems posed by Italian banking contracts, notably as regards interest.

The Commission takes the view that the existing legal framework at European level thus already allows the
national authorities to remedy any situations of imbalance between financial operators and consumers.

It will be certain to act to ensure compliance with the rules on competition laid down in Articles 81 and
81 (former Articles 85 and 86) of the EC Treaty, notably as regards the information recently made
available to its Competition Directorate-General by a consumer association.

(1) OJ L 42, 12.2.1987.
(2) OJ L 95, 21.4.1993.

(2001/C 174 E/213)

WRITTEN QUESTION P-3962/00

by Elspeth Attwooll (ELDR) to the Commission

(8 December 2000)

Subject: Fisheries agreement between the European Union and Senegal

In the light of the forthcoming re-negotiation of the agreement between the Government of the Republic
of Senegal and the European Union on fishing off the coast of Senegal, can the Commission confirm its
awareness that local fishermen in Senegal and other West African states have expressed strong concerns
over the negative impact of European fisheries upon their livelihoods?

Specific complaints have centred around the fact that illegal fishing has taken place, local fishing gear has
been damaged with fatal consequences and little compensation from the fishing agreements accrues to the
local fishermen and the surrounding communities.

19.6.2001

EN

Official Journal of the European Communities

C 174 E/201

Can the Commission outline what action it will take when re-negotiating the agreement with Senegal to
ensure that local fisheries communities benefit more substantially from compensation provided by the
European Union? Will contacts be made with local fisheries organisations to establish their needs, as well
as official contact at governmental level?

Finally, can the Commission provide a provisional timetable for the negotiations and a provisional date by
which the European Parliament will be consulted on the outcome of the negotiations?

Answer given by Mr Fischler on behalf of the Commission

(16 January 2001)

The Commission thanks the Honourable Member for her question and wishes to recall the longstanding
relations between the Community and Senegal on fisheries issues. The fisheries agreement that was signed
in 1978 with Senegal was in fact the first agreement in this field concluded between the Community and
an African, Carribean and Pacific (ACP) country.

The Commission is aware of the concerns expressed by local fishermen on the negative impact that foreign
vessels or local industrial vessels fishing with private licenses or chartered agreements may have on their
livelihoods.

it should be noted that the fishing possibilities in the Community/Senegal fisheries
In this context,
agreement has been reduced over the years and the present Protocol only includes 10 000 gross registered
tonnage (GRT), which represents approximately 6,5 % of the fishing carried out in Senegalese waters.

The Commission is also aware of illegal fishing activities in the area, mainly carried out by pirate vessels or
by vessels flying flags of convenience.

Although the surveillance of the territorial waters and of those of the Exclusive Economic Zone is the
responsibility of the Coastal state, the Commission does whatever it can to assist the third countries in
combating these illegal practices. To this end, Senegal has committed itself to use a part of the financial
compensation for actions that aim at improving the monitoring and surveillance capabilities of the
Senegalese authorities. During the forthcoming negotiations, the Commission shall endeavour to further
strengthen this part of the financial compensation.

Moreover, the Commission is totally committed towards the development of the food and agriculture
organization (FAO) International Plan of Action to curb illegal unregulated and unreported fishing (IUU).
In this plan, the main objectives of the Community are to implement the existing international
legal
instrument, such as the Compliance Agreement, and to fill the loopholes in international law, in particular
concerning the access to port. This plan should be presented to the FAO committee of fisheries (COFI)
in February 2001.

Preliminary contacts between the Commission and other parties concerned (Fishermen and industry) have
recently taken place in Dakar.

The interests of traditional fishermen will be taken into due account, in coherence with the Community
policies and with other actions undertaken by the Commission in this context. In fact, out of the resources
of
to
traditional fishermen, for an amount of € 5 million has been recently approved. The relevant financing
agreement between the Commission and Senegalese authorities has been signed on 29 June 2000.

the eighth European Development Fund, a multiannual co-operation project

for the support

Alongside the evaluation exercise of the current protocol, carried out between the Commission and
Senegalese authorities in December 2000, contacts have been made to schedule the negotiations for the
renewal of the Protocol, which expires on 30 April 2001.

It has been agreed that the first round of negotiations will take place in Brussels during the third week
of January 2001 and that, if need be, other negotiation rounds will be held every month.

The Commission hopes that these discussions will be concluded before the expiry of the current protocol.

The Parliament will be supplied with all relevant information on the outcome of the negotiation as soon as
possible.