WRITTEN QUESTION P-0026/03 by Paulo Casaca (PSE) to the Commission. Limitation of fishing effort in the sea off the Azores under Portuguese jurisdiction under the terms of Regulations (EC) No 685/95 and No 2027/95.
Date: 2003-01-13
Institutions: European Parliament, Provisional data
Subjects: Azores, EU law, Portugal, Spain, application of the law, common fisheries policy, fishery management, fishing area, fishing regulations, interpretation of the law, transitional period (EU)

C 222 E/138

Official Journal of the European Union

EN

18.9.2003

(2003/C 222 E/160)

WRITTEN QUESTION P-0026/03

by Paulo Casaca (PSE) to the Commission

(13 January 2003)

Subject: Limitation of fishing effort in the sea off the Azores under Portuguese jurisdiction under the terms

of Regulations (EC) No 685/95 and No 2027/95

In the preamble to its proposal for a Regulation COM(2002) 739 of 16 December 2002 amending
Regulation (EEC) No 2847/93 (1) the Commission expresses justified concern about legal uncertainty as
regards the validity of Regulations (EC) No 685/95 (2) and No 2027/95 (3). This concern is particularly
keenly felt in the Autonomous Region of the Azores.

Measures to limit fishing effort in the waters off the Azores are the result of the biological fragility of the
area, and not the result of transitional measures connected with the accession of Portugal and Spain to the
Communities. Since this fact is fully recognised in the Commission proposal, does the Commission not
consider that there is an urgent need to clarify its understanding of the validity of these regulations until
they are replaced by a new Council regulation or, in any event, of the provisions of the regulations dealing
with the fishing effort in waters under Portuguese and Spanish jurisdiction?

Can the Commission state its views on this issue?

(1) OJ L 261, 20.10.1993, p. 1.
(2) OJ L 71, 31.3.1995, p. 5.
(3) OJ L 199, 24.8.1995, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(10 February 2003)

The Commission has a clear understanding of the validity of the Council Regulations (EC) No 685/95 of
27 March 1995 on the management of the fishing effort relating to certain Community fishing areas and
resources and (EC) No 2027/95 of 15 June 1995 establishing a system for the management of fishing
effort relating to certain Community fishing areas and resources. The Commission is of the view that, as
these Regulations do not contain an expressed time limit for validity (such as it exists, for example, in
relation to the 12 mile zone in the Council Regulations (EEC) No 3760/92 of 20 December 1992
establishing a Community system for fisheries and aquaculture (1) and (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries
Policy (2), the expiry of the transitional period established in the 1985 Act of Accession, does not make in
itself the Council Regulations (EC) No 685/95 and (EC) No 2027/95 invalid. Indeed, it is the Court of
Justice which has the monopoly to decide whether Community law is invalid (3). Until rules laid down in
the Regulations are amended or repealed by the Community legislator they continue to apply, subject to a
decision by the Court of Justice on the conformity of such rules with general principles of Community
Law.

In order to end any legal insecurity and to take into account the expiry of the transitional period set out in
the Act of Accession, the Commission has proposed a new Council Regulation (4) on this subject.

This Regulation should:

(a) adapt the Regulations on western waters fishing effort regime and control to the new legal situation,
after the expiry of the transitional period established in the Accession Act of Spain and Portugal
(31 December 2002);

(b) maintain the other provisions laid down in these Regulations, establishing a general system for the
management of fishing effort in order to prevent an increase in fishing effort, which are not related to
the Act of Accession of Spain and Portugal. Those provisions are important for fisheries management
and should be maintained.

18.9.2003

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Official Journal of the European Union

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Measures to limit fishing effort in the waters off Azores are justified by the specific situation of this region.
Accordingly, the present proposal provisionally keeps the existing limitations, until their assessment by the
Commission during 2003. If necessary, the Commission will make a proposal to define new access rules.

(1) OJ L 389, 31.12.1992.
(2) OJ L 358, 31.12.2002.
(3) See judgements of the Court of 13 February 1979, Case 101/78, ECR 1979, p. 623, para 4; 22 October 1987, Case

314/85, ECR 1987, p. 4199, para 17-19; 9 November 1995, C-465/93, ECR 1995, p. 3761, para 21 ff;.

(4) COM(2002) 739 final.

(2003/C 222 E/161)

WRITTEN QUESTION E-0031/03

by Charles Tannock (PPE-DE) to the Commission

(21 January 2003)

Subject: Financial assistance to Belarus and the Ukraine as part of an effort to limit illegal migration flows

through those countries to the European Union

Large numbers of illegal migrants are currently detained on the territories of Belarus and the Ukraine,
having attempted to use those countries as a gateway to the European Union.

It is clearly in the interest of the European Union, political differences notwithstanding, to cooperate with
these countries in order to stabilise and subsequently reduce the flow of illegal immigrants passing through
their territories. What plans are there for the European Union to provide additional financial and technical
assistance designed to achieve this objective? In particular, there have been requests from the governments
for funds to improve surveillance and monitoring of
their Eastern border areas with the Russian
Federation, to pay for temporary housing of these migrants in detention camps and to pay for the cost of
eventual repatriation to their countries of origin. From 1 May 2004, these two neighbouring states are set
to share large common borders with the EU and the Schengen area.

Does the Commission accept that these migratory flows constitute a major burden to the national budgets
of these two states which, if not checked, could result in a major additional flow of illegal migrants to the
EU and that there is, therefore, a strong common interest in assisting these countries in their efforts to
solve their problems in this area?

Answer given by Mr Patten on behalf of the Commission

(28 February 2003)

The Commission is well aware of the problem caused by illegal migration flows through Ukraine and
Belarus. The Commission already supports Ukraine and Belarus in their efforts to cope with the problem.

The Union has developed a comprehensive Action Plan on Justice and Home Affairs with Ukraine. The
implementation of
through TACIS assistance with a budget of
approximately EUR 45 million in the period 2001-2003. Approximately one third of these funds are
used in the fight against illegal migration. This also includes support to improvements at Ukraine’s Eastern
border. Further assistance is envisaged for the period 2004-2006, including support for detention camps.

this Action Plan receives support

The Commission received a mandate from the Council to negotiate a Community readmission agreement
with Ukraine (June 2002). The first negotiating round took place in Kiev on 18 November 2002.

The Commission is of the opinion that Belarus could do more to strengthen its border management. Due
to lack of effort by Belarus on its border with Latvia and Lithuania, TACIS funds have been used for
demarcation. A Belarus and Russia have agreed not to establish border ports and proper supervision on
their common border, illegal immigrants easily enter Belarus and then continue into Union territory.