WRITTEN QUESTION E-2436/03 by Ilda Figueiredo (GUE/NGL) to the Commission. Support for fishermen unable to fish for biological reasons.
Date: 2003-07-22
Institutions: European Parliament, Provisional data
Subjects: FIFG, Portugal, conservation of fish stocks, eligibility criteria, fisherman, fishing industry, fishing regulations, sectoral aid

27.3.2004

EN

Official Journal of the European Union

C 78 E/113

(2004/C 78 E/0114)

WRITTEN QUESTION E-2436/03

by Ilda Figueiredo (GUE/NGL) to the Commission

(22 July 2003)

Subject: Support for fishermen unable to fish for biological reasons

Fishing with dredges is prohibited for 45 days in southern Portugal for biological reasons. This prohibition
was in force again this year, without any compensation being paid to fishermen. This is clearly unfair,
given their low incomes.

The Southern Fisheries Workers’ Union has insisted that compensatory allowances should be paid during
this period and called for the ban to be reduced to 30 days.

Nevertheless, the Portuguese Government argued that Community legislation does not permit the payment
of such compensation and that for biological reasons it is not possible to reduce the length of the ban
from 45 to 30 days because this could endanger stock biomass in the short term.

While it is indeed important to preserve stocks and maintain the current fishing effort, it is not fair that
fishermen should have to bear the costs of conserving resources.

What measures will the Commission take to compensate fishermen’s incomes?

Answer given by Mr Fischler on behalf of the Commission

(26 September 2003)

The legal basis for compensation to fishermen and shipowners as a result of a temporary cessation of
activity is Article 16 of Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the
detailed rules and arrangements regarding Community structural assistance in the fisheries sector (1), as last
amended by Regulation (EC) No 2369/2002 (2).

in the event of unforeseeable
The Member States may grant aid, part-financed by the Community,
circumstances, including those caused by biological factors. Compensation may be granted for no more
than three consecutive months or six months over the entire period from 2000 to 2006. The managing
authority must furnish the Commission in advance with scientific proof of these circumstances. The
financial contribution from the FIFG to these measures per Member State for the entire period from 2000
to 2006 may not exceed the higher of the following two thresholds: EUR 1 million or 4 % of the
Community financial assistance allocated to the sector in the Member State concerned. However, in the
case of a recovery or management plan adopted by the Council or of emergency measures decided by the
Commission, these thresholds may be exceeded.

The temporary cessation of fishing with dredges for biological reasons in southern Portugal must therefore
be seen in this regulatory context. The Portuguese authorities responsible for managing the sector must
examine whether the conditions laid down in the Regulation are met and, if that is the case, inform the
Commission before taking the measures they think necessary and determining the level of financial
compensation to be granted. As regards setting the length of time for which it is to be paid, this is also, in
the first
the Portuguese authorities. Also, under Article 9 of Council
Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of
fisheries resources under the Common Fisheries Policy (2)OJ L 358, 31.12.2002., the national authorities
may take non-discriminatory measures at least as rigorous as the existing Community rules for the
conservation of resources and marine eco-systems within the 12 nautical mile zone.

the responsibility of

instance,

(1) OJ L 337, 30.12.1999.
(2) OJ L 358, 31.12.2002.