WRITTEN QUESTION E-2100/03 by José Ribeiro e Castro (UEN) to the Commission. Fishing in the EU's western waters.
Date: 2003-06-25
Institutions: European Parliament, Provisional data
Subjects: EU waters, Portugal, Spain, common fisheries policy, conservation of fish stocks, democratic deficit, fishing area, fishing regulations, interinstitutional relations (EU), transitional period (EU)

C 33 E/214

Official Journal of the European Union

EN

6.2.2004

The Commission agrees with the World Health Organisation (WHO) that entry screening measures are not
efficient in detecting new cases and create a false sense of security in the public and in the health
authorities. Exit screening from affected countries is one of the best measures undertaken in containing the
spread of SARS. The efficacy of such measures will be kept under review in the light of scientific evidence.

(1) OJ L 268, 3.10.1998.

(2004/C 33 E/218)

WRITTEN QUESTION E-2100/03

by José Ribeiro e Castro (UEN) to the Commission

(25 June 2003)

Subject: Fishing in the EU’s western waters

Recently (on 4 June) the European Parliament voted to ensure that Regulations (EEC) No 2847/93 (1) and
(EC) No 685/95 (2) would remain in force for a 10-year period, and it did so in connection with its vote on
its legislative resolution on a proposal for a Council regulation on the management of the fishing effort
relating to certain Community fishing areas and resources and modifying Regulation (EEC) No 2847/93.

Parliament’s position was supported by an overwhelming majority of 334 to 108, with 48 abstentions.

Notwithstanding the allocation of powers and responsibilities amongst the various EU institutions, such a
clear and eloquent expression of a political view by those elected to represent the people of the various EU
Member States (more than an absolute majority of Parliament’s total membership and over two-thirds of
the votes cast) cannot be ignored either by the Commission or by the Council.

However, it continues to be reported that new rules on access to the EU’s western waters (in particular
those along the Portuguese coast) are being drawn up in blatant contradiction to Parliament’s vote.
Furthermore, the new rules would allow access in certain cases within the 12-mile limit and, in others,
within the 50-mile limit. This would jeopardise not only the conservation of valuable resources in those
waters but also the social and economic balances which have been preserved by means of the CFP and the
objectives thereof.

The Commission:

(cid:1) does it intend to ensure that the above-mentioned wishes expressed by the European Parliament are

respected;

(cid:1) if it does not, in what way and on what basis does it plan to ignore them?

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

Answer given by Mr Fischler on behalf of the Commission

(25 July 2003)

The Commission has taken note of the vote of the Parliament, that took place on 4 June 2003, on the
Commission’s proposal (1) for a Council Regulation on the management of the fishing effort relating to
certain Community fishing areas and resources and modifying Regulation (EEC) 2847/93 (2), the so
called Western waters Regulation.

6.2.2004

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Official Journal of the European Union

C 33 E/215

As the Commission has made clear on various occasions since it tabled its proposal, there is a clear legal
imperative to revise the effort limitation regime that was adopted in 1995, following the expiry of the
transitional access arrangements in the Act of Accession of Spain and Portugal from 1985. Indeed, after
2002 the 1995 regime is in contradiction with primary law. It is therefore not a viable option to let the
1995 Regulations remain in force for a further 10 year period but these have to be replaced.

However, taking account of the resolution adopted by the Parliament and having listened to the arguments
put forward in this context, the Commission is now seeking to establish a biologically sensitive area within
the scope of the Western waters Regulation. This area would be subject to specific measures which will
take into account the views expressed by the Parliament.

As regards the Portuguese continental waters, it should be recalled that according to Article 17(1) of the
framework Regulation for the Common Fisheries Policy (3), a fundamental principle of this policy is that
Community fishing vessels have equal access to waters beyond 12 nautical miles off the baselines.

As a consequence of the 1985 Act of Accession for Spain and Portugal, ICES (4) area IXa was divided
between these two Member States according to their national boundaries. This was however clearly a
transitional arrangement, alongside other temporary arrangements for the integration of Portugal and
Spain into the Community, which now must come to an end. The separation between Spanish and
Portuguese waters beyond 12 nautical miles is clearly not in line with Article 17 (1) referred to earlier and
it simply cannot be permanently upheld within the Community to exclude access to waters under one
Member State’s jurisdiction for other Member States, neither legally nor politically. This is valid for all
Community waters, not only Portuguese waters. It should also be recalled that this approach has already
been accepted in the TAC and Quota Regulation for 2003, adopted by the Council in December 2002, in
which the corresponding separation of ICES area IXa was abolished.

If there are conservation problems appearing in the area in question,
they should be regulated at
Community level according to the ordinary procedures which are applied within the Common Fisheries
Policy. The Commission is always prepared to examine such claims and to take the necessary action.

(1) COM(2002) 739 final.
(2) Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common

fisheries policy, OJ L 261, 20.10.1993.

(3) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of

fisheries resources under the Common Fisheries Policy, OJ L 358, 31.12.2002.
ICES = International Council for the Exploration of the Sea.

(4)

(2004/C 33 E/219)

WRITTEN QUESTION E-2102/03

by José Ribeiro e Castro (UEN) to the Commission

(25 June 2003)

Subject: CAP reform (cid:1) Mediterranean produce

Recently, on 3 June, at the close of the European Parliament’s debate on the reform of the CAP, Mr Fischler
(Commissioner) gave an undertaking that Mediterranean produce would soon be entitled to the same
support as that for which other types of agricultural produce are eligible. This is a most interesting and
important statement.

The Commission:

(cid:1) would the Commission say what measures will flow from this granting of aid for Mediterranean

produce?

(cid:1) when, how and in respect of which products does the Commission intend to implement this new

policy?