WRITTEN QUESTION P-0455/04 by José Ribeiro e Castro (UEN) to the Commission. Illegal fishing — Azores and Madeira.
Date: 2004-02-10
Institutions: European Parliament, Provisional data
Subjects: Azores, Madeira, Portugal, Spain, application of EU law, exclusive economic zone, fishing regulations, fishing rights

3.4.2004

EN

Official Journal of the European Union

C 84 E/403

Effective monitoring and surveillance of compliance with working and employment conditions are
primarily the responsibility of the national authorities and courts, and any specific information which
individuals, including the Honourable Member, may have on non-compliance with the relevant working
conditions should be submitted to these authorities.

The Commission does not have any reason to doubt that the supervisory measures and sanctions provided
for by the legislation of the Member State to which the Honourable Member refers are generally effective
and proportionate and act as a deterrent. Nor does it possess any information to suggest that the French
authorities are any less diligent in addressing infringements of the obligations arising from Community law
than in applying the corresponding purely national legislation.

(1) OJ C 78 E, 27.3.2004.
(2) OJ L 257, 19.10.1968.
(3) OJ L 18, 21.1.1997.

(2004/C 84 E/0469)

WRITTEN QUESTION P-0455/04

by José Ribeiro e Castro (UEN) to the Commission

(10 February 2004)

Subject: Illegal fishing (cid:1) Azores and Madeira

There are media reports that the Spanish authorities have apparently ‘anticipated’ the application of the
new Community Regulation (1954/2003 (1)), and liberalise access to half of the Azores and Madeira
Economic Exclusion Zone; they have already issued licences for fishing in those waters to at least one
Spanish shipowner, in what constitutes a clear violation of the deadlines established.

The same sources believe that this action on Spain’s part is a direct assault on Portuguese sovereignty,
since liberalisation was scheduled to take place only on 1 August 2004 (Regulation 1954/2003, Article 15),
when the currently applicable Regulation is revoked.

The Portuguese radio channel TSF obtained access to a Spanish Ministry of Agriculture and Fisheries
document authorising one shipowner to fish for swordfish and similar species in Azores and Madeiran
waters, with the exception of the zone lying between the coast of the two archipelagos and the hundred-
mile limit.

These documents were discovered by accident on 16 January 2004.

The Azores authority, whose satellites had already detected 16 Spanish vessels in local waters, have
informed the Portuguese Defence Ministry of the discovery of this document, and have requested that
surveillance, both by air and by sea, be reinforced.

The media claim that the Portuguese Government, in the person of the Secretary of State for Fisheries, has
asked the Commission for its opinion of the Spanish licences for fishing off the Azores and Madeira.

If Spain’s precipitate action proves to be illegal, the worst fears concerning the liberalisation of fishing in
those waters will be confirmed, and Portuguese public opinion will have fresh cause for alarm.

The Commission:

(cid:1) Is it aware of these facts, and the action of the Spanish authorities?

(cid:1) How does it view this case and, particularly, the behaviour of the Spanish authorities?

(cid:1) What measures has it taken, or will it take, to deal with this situation?

(cid:1) Does it believe that Spain should make reparations to Portugal?

(1) OJ L 289, 7.11.2003, p. 1.

C 84 E/404

Official Journal of the European Union

EN

3.4.2004

Answer given by Mr Fischler on behalf of the Commission

(11 March 2004)

The Commission is certainly aware of the facts raised by the Honourable Member, concerning the presence
of Spanish fishing vessels in Azorean waters. There seems, however, to be a certain misunderstanding as
regards the applicability of the Council Regulation (EC) No 1954/2003 of 4 November 2003 on the
management of the fishing effort relating to certain Community fishing areas and resources and modifying
Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95. The
conditions for fishing activities in the waters up to 100 nautical miles from the baselines of the Azores,
Madeira and the Canary Islands are laid down in Article 5 of the above-mentioned Regulation which
entered into force on the seventh day following its publication in the Official Journal of the European
Union (cf. Article 16), i.e. on 14 November 2003. Consequently, the special conditions for fishing in the
waters of the Azores and Madeira are applicable from that date onwards. It is up to the national authorities
to verify that these rules are followed.

Finally, the Commission is in constant dialogue with the Member States concerned in order to ensure as
smooth an application of the new rules as possible.

(2004/C 84 E/0470)

WRITTEN QUESTION E-0456/04

by Ioannis Marínos (PPE-DE) to the Commission

(23 February 2004)

Subject: Increase in consumer complaints in Greece

According to a press release (14 January 2004) issued by the ‘Consumers’ Protection Centre (KEPKA),
which is based in Thessaloniki and a member of the European Consumers’ Organisation (BEUC) and the
Consumers’ International, the number of complaints received by the organisation from thousands of Greek
consumers increased in 2003 by 40 %. Whereas, in 2002, the organisation received 10 000 complaints, in
2003 the figure rose to 14 000. The main type of complaints concern price rises (15,60 %), credit cards
and loans (15,05 %), and faulty goods (10,46 %). The percentage of complaints rose in 2003, particularly in
the ‘credit card -loan’ category, by two and a half times compared with 2002 (from 6,68 % to 15,05 %),
and in the ‘food unfit for consumption’ category there was almost a doubling (from 4,33 % to 7,5 %).
Significantly, complaints against Greek public services more than doubled (from 2,06 % in 2002 to 4,68 %
in 2003).

the Commission satisfied that Community law adequately protects consumers against

Is
such
developments? Have all the relevant provisions of Community law in this respect been incorporated into
Greek national law and to what extent are they implemented?

Answer given by Mr Byrne on behalf of the Commission

(31 March 2004)

Community law contains a set of rules aiming at guaranteeing a high level of protection for consumers
throughout the internal market. A broad legal framework has been developed over a period of more than
twenty years for both food and non-food consumer products. In the areas mentioned by the Honourable
Member, there has been legislation on the indication of prices (Directive 98/6/EC) (1), consumer credit
(Directive 87/102/EEC (2) as amended), product liability (Directive 85/374/EEC (3) as amended) as well as
numerous directives on food safety. This legislation includes rules on consumer protection. Services of
general interest are regulated by sector specific legislation such as directives on postal services, electricity,
gas and telecommunications whereas the Public Utilities Directive 93/38/EEC (4), as amended, covers
important public services.