WRITTEN QUESTION E-1267/02 by Jaime Valdivielso de Cué (PPE-DE) to the Commission. Fisheries.
Date: 2002-05-06
Institutions: European Parliament, Provisional data
Subjects: Council of the European Union, Court of Justice of the European Union, EC Regulation, France, Portugal, Spain, catch quota, fishing rights, repeal, sea fish

14.11.2002

EN

Official Journal of the European Communities

C 277 E/173

(2002/C 277 E/196)

WRITTEN QUESTION E-1267/02

by Jaime Valdivielso de Cué (PPE-DE) to the Commission

(6 May 2002)

Subject: Fisheries

On 18 April 2002, the European Court of Justice upheld a series of complaints made by Spain against the
anchovy quota exchanges carried out by Portugal and France since 1996 under a number of EU (Council)
fisheries regulations, which had enabled the French fleet to obtain a larger quota for that species in the Bay
of Biscay.

The Court recognised that, following this cession of the Portuguese quota to France, Spain had not
received, as it should have under the terms of its Act of Accession, 90 % of the catch possibilities in the
Bay of Biscay, and concluded that the anchovy allocation in that zone had been modified with no
justification whatever, to the disadvantage of Spain.

When will the Commission amend the regulations concerned, so as to put an end to a state of affairs
which has now been ruled irregular by the Court of Justice?

What steps will the Commission take to compensate all the households which have suffered from these
circumstances for the past eight years?

Will France be penalised in any way for engaging in practices contrary to Community law?

Answer given by Mr Fischler on behalf of the Commission

(14 June 2002)

As a follow up of the recent ruling by the European Court of Justice on the subject, the Commission will
propose the deletion of the footnote allowing the transfer of anchovy between ICES areas IX and VIII in
the framework of the first amendment of Council Regulation (EC) No 2555/2001 of 18 December 2001
fixing for 2002 the fishing opportunities and associated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in
catch are required (1).

Following this ruling of the Court, it is not up to the Commission to provide any compensation. Spain did
not argue and the judgement did not establish that any damages were sustained.

As to possible sanctions to France, it is to be borne in mind that France acted in conformity with Council
Regulations. The annulment of those Regulations does not have the result that the French acts on the basis
of that Regulation should retroactively be considered to be contrary to Community law.

(1) OJ L 347, 31.12.2001.

(2002/C 277 E/197)

WRITTEN QUESTION E-1268/02

by Vitaliano Gemelli (PPE-DE) to the Commission

(6 May 2002)

Subject: Criteria for the selection of directors-general and other senior staff in the Commission

In its answer of 13 December 2001 to Written Question E-2973/01 (1) the Commission pointed out that it
had already taken measures ‘to further strengthen procedures for selection and nomination of officials to
senior posts’ in December 2000.