WRITTEN QUESTION E-0876/04 by Struan Stevenson (PPE-DE) to the Commission. Illegal fishing in waters around the Azores.
Date: 2004-03-22
Institutions: European Parliament, Provisional data
Subjects: Azores, Portugal, application of EU law, common fisheries policy, fishing area, fishing rights

C 88 E/240

Official Journal of the European Union

EN

8.4.2004

(cid:1) it launched a comparative study on policies to tackle child poverty which is being undertaken by the

University of Dortmund. The final report will be available soon;

(cid:1) it finances the European Observatory on the Social Situation, Demography and the Family, which
monitors demographic, socio-economic and policy trends across the Union, with a particular emphasis
on family-related issues and their policy implications;

(cid:1) it develops a study programme and carries out analysis on social trends and demography, including
‘The social situation in the

family and poverty-related aspects, in the context of the annual report:
European Union’.

(2004/C 88 E/0242)

WRITTEN QUESTION E-0876/04

by Struan Stevenson (PPE-DE) to the Commission

Subject: Illegal fishing in waters around the Azores

(22 March 2004)

The Portuguese authorities publicly revealed that 63 foreign vessels were fishing in waters around the
Azores in January and February, 20 of them within the 100-mile limit.

The Portuguese media have claimed that the Commission’s position in this matter is that it considers these
fishing activities to be legal, since they are in accordance with the opinion of the Commission’s ‘Legal
Service’.

However, Article 15 of Regulation (EC) No 1954/2003 states very clearly that the old regime protecting
the Azorean waters will be repealed only after 1 August 2004 or after the approval of new fishing-effort
legislation.

Does the Commission assume full responsibility for the present situation of uncontrolled and unrestricted
fishing in water around the Azores?

If this is not the case, what is the Commission intending to do?

Answer given by Mr Fischler on behalf of the Commission

(26 April 2004)

The Commission can confirm to the Honourable Member that it has defined its position on the application
of Regulation (EC) No 1954/2003 (1). That position was communicated to Member States, in the form of a
speaking note, at the meeting of the Council internal/external fisheries policy group on 19 February 2004.

It follows from that document that the fishing activity of Community vessels which are not Portuguese is
legitimate, in the area contained between 100 and 200 nautical miles around the Azores, with regard to
the relevant provisions of the Regulation referred to above.

The Commission does not know about unmonitored or illegal activity in the waters referred to. At any
event, if Community law is not being complied with it is up to the national administrative or judicial
authorities to take appropriate measures with a view to correct application of the Community rules. In
addition,
the Commission may institute proceedings under Article 226 of the EC Treaty against a
Member State which is not complying with Community law.

In any case, the Commission clearly wishes fishing activity in that area to be undertaken in a manner
which is satisfactory and acceptable to all parties concerned.

(1) 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, OJ L 289, 7.11.2003.