WRITTEN QUESTION E-1051/04 by Paulo Casaca (PSE) to the Commission. Reaffirmation of the Commission's position on the validity of Article 15 of Regulation (EC) No 1954/2003.
Date: 2004-04-05
Institutions: European Parliament, Provisional data
Subjects: Azores, Portugal, application of EU law, exclusive economic zone, fishery management, fishing licence, fishing regulations

8.4.2004

EN

Official Journal of the European Union

C 88 E/277

(2004/C 88 E/0281)

WRITTEN QUESTION P-1039/04

by Daniel Cohn-Bendit (Verts/ALE) to the Commission

Subject: Commissioner Reding standing in the European elections

(29 March 2004)

Commissioner Reding will be standing in the European election, without taking any leave, for the duration
of her electoral campaign, from her current duties, as agreed with former Employment Commissioner
Mrs Diamontopolou.

Why is there no general rule that applies during electoral campaigns within the College of Commissioners?
Is it because the Commission does not think it appropriate to draw up an unambiguous rule within its
interest between the Commissioners’ duties and the
college because it wishes to avoid conflicts of
candidates’ interests?

Answer given by Mr Prodi on behalf of the Commission

(28 April 2004)

Current practice within the Commission requires Members to give the President sufficient notice of their
intention of standing for elective office and of their intended level of participation in the electoral
campaign. If their intention is to play an active part in the election campaign, they must withdraw from
the work of the Commission for the duration of the campaign (1). This avoids the risk of conflicts of
interest and ensures that the Member of the Commission concerned can speak and act as freely as possible,
while respecting the principle of collective action by the Commission.

As regards the situation of Members of the Commission who appear on an electoral
list but do not
participate actively in the electoral campaign, Members must decide, in consultation with the President,
and taking account of the particular circumstances of the case, whether this is compatible with their
participation in the work of the Commission.

Since Ms Reding agreed with the President not to participate actively in the election campaign, it was felt
that her standing for office would not interfere with her availability to work with the Commission and that
there would be no conflict of interests. Her undertaking means that there is no reason why Ms Reding
should not continue her duties at the Commission during the period in question.

This conclusion is compatible with the Code of Conduct for Members of the Commission, which provides
that Members of the Commission may be active members of political parties provided that such activities
do not affect their availability to carry out their duties as Members of the Commission.

The future President of the Commission will be able to decide whether, in light of experience, is necessary
to lay down general rules governing election campaigns by Members of the Commission.

(1) See answers to Written Questions No 124/68, OJ C 83, 23.8.1968, No 858/76, OJ C 70, 21.3.1977 and No 2752/

94, OJ C 88, 10.4.1995.

(2004/C 88 E/0282)

WRITTEN QUESTION E-1051/04

by Paulo Casaca (PSE) to the Commission

(5 April 2004)

Subject: Reaffirmation of the Commission’s position on the validity of Article 15 of Regulation (EC)

No 1954/2003

On 12 March, the Council’s Legal Service [Note 7327/04] reaffirmed its position recognising the validity
of the whole of Article 15 of Regulation (EC) No 1954/2003 (1).

C 88 E/278

Official Journal of the European Union

EN

8.4.2004

On the same date, Commissioner Fischler wrote me a letter in which he acknowledged that regulations
685 and 2027 of 1995 are, at the present time, still applicable; these regulations make fishing in the
Portuguese economic exclusion zone of the Azores the exclusive preserve of vessels with licences issued by
the Portuguese national authorities.

To my utter consternation, Commissioner Fischler last night stated on Portuguese television that Spanish
vessels could fish in the Portuguese economic exclusion zone of the Azores since they are licensed to do so.

Does the Commission possess information indicating that the Portuguese authorities have issued any
fishing licence with effect from 1 January 2004 to Spanish vessels in the Portuguese economic exclusion
zone of the Azores?

If not, can the Commission explain how it reconciles the Commissioner’s two statements?

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

Answer given by Mr Fischler on behalf of the Commission

(30 April 2004)

We can inform the Honourable Member that the Portuguese authorities have not issued any fishing
licences with effect from 1 January 2004 to Spanish vessels allowing them to operate in Portugal’s
Azorean economic exclusion zone.

We reaffirm our position on application of the 1995 arrangements and of those introduced by Council
Regulation (EC) No 1954/2003 of 4 November 2003 (1). It is as follows:

(cid:1) Article 5 of Regulation (EC) No 1954/2003 contains provisions for limiting fishing effort in Azorean
and other waters. These differ from the arrangements of Council Regulation (EC) No 2027/95 of
15 June 1995 (2). Article 5 came into force on 14 November 2003;

(cid:1) some uncertainty has been expressed about

that date given that Article 15 of
Regulation (EC) No 1954/2003 does not repeal the previous Regulations until the date of entry into
force of the implementing Regulation, or 1 August 2004 at the latest;

the validity of

(cid:1) but that provision does not affect the date of entry into force of Regulation (EC) No 1954/2003,
including its Article 5. It often happens in law that the same matter is regulated by two or more sets
of provisions. If these conflict the most recent rule applies. In this case Article 5 of Regulation (EC)
No 1954/2003 gives less extensive exclusivity to Spanish and Portuguese vessels than the previous
arrangements, which have not yet been formally repealed, and as the most recent rule takes
precedence.

(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.

(2) Council Regulation (EC) No 2027/95 of 15 June 1995 establishing a system for the management of fishing effort

relating to certain Community fishing areas and resources, OJ L 199, 24.8.1995.

(2004/C 88 E/0283)

WRITTEN QUESTION E-1076/04

by Christopher Heaton-Harris (PPE-DE) to the Commission

Subject: Cockle and mussel fishermen

(6 April 2004)

Could the Commission confirm if cockle and mussel fishermen in Northern Ireland receive EU subsidies? If
so, please could the Commission give details on the amount of these subsidies and how they were
obtained?

Would cockle and mussel fishermen in Boston in the East Midlands region also be eligible for such
subsidies?