WRITTEN QUESTION E-1756/03 by Juan Ojeda Sanz (PPE-DE) to the Council. Possible abuse of authority.
Date: 2003-05-27
Institutions: European Parliament, Provisional data
Subjects: Portugal, Spain, common fisheries policy, fishing regulations, misuse of a right, offence

C 51 E/138

Official Journal of the European Union

EN

26.2.2004

The first liability tier, the liability of the registered ship-owner, is governed by the CLC. The ship-owner’s
liability is strict and thus not depending on fault or negligence on his part. The owner is normally allowed
to limit his liability to an amount that
is linked to the tonnage of the ship, presently maximum
EUR 80 million for the biggest ships. The CLC also requires ship-owners to maintain liability insurance and
gives claimants the right of direct action against the insurer up to the limits of the ship-owner’s liability.

The CLC regime is supplemented by the International Oil Pollution Compensation Fund (the IOPC Fund),
which was established through the Fund Convention in order to compensate victims when the ship-
owner’s liability is insufficient to cover the damage. The maximum compensation by the IOPC Fund is
currently around EUR 175 million. The IOPC Fund is financed by contributions from companies or other
entities receiving oil carried by sea.

On 16 May 2003, a Diplomatic Conference convened under the auspices of the International Maritime
Organization adopted a new Protocol to the existing oil pollution liability and compensation conventions.
This Protocol establishes a Supplementary Fund, which signifies a five-fold increase of the compensation
available to victims (up to EUR 910 million).

The Commission has welcomed the establishment of the new supplementary fund, as it will greatly help to
ensure the full and expeditious payment of victims of future oil spills. It has urged the Member States to
ratify the new protocol immediately in order to have it fully operational before the end of 2003.

(2004/C 51 E/151)

WRITTEN QUESTION E-1756/03

by Juan Ojeda Sanz (PPE-DE) to the Council

(27 May 2003)

Subject: Possible abuse of authority

There have been fresh incidents in recent days on the periphery of Portuguese waters following the
incursion of Spanish fishing vessels. The Portuguese authorities respond to these misdemeanours, which
regrettably occur on a fairly regular basis, with firearms and other violent means which are totally
disproportionate, particularly between two neighbouring countries which both belong to the EU.

In the light of the above, and bearing in mind Article 49 of the Charter of Fundamental Rights of the
European Union, which refers to the principles of legality and proportionality of criminal offences and
penalties, does the Council consider the severity of the penalties to be disproportionate to the criminal
offence? If so, how does the Council believe that such abuses of authority in the EU might be curbed?

Reply

(2 October 2003)

As the Honourable Parliamentarian is aware, the Council adopted at its December 2002 Council, within
the Regulation on the conservation and sustainable exploitation of fisheries resources under the Common
Fisheries Policy (CFP), a new set of rules on control and enforcement. Those rules stipulate that Member
States shall control activities carried out within the scope of the CFP on their territory or waters subject to
their sovereignty or jurisdiction.

Concerning the incidents to which the Honourable Parliamentarian refers, between Spanish fishermen and
the Portuguese authorities, the Council is not aware of such incidents. The application of Community and
national law is not subject to review by the Council.