(2004/C 70 E/093)

WRITTEN QUESTION E-2365/03

by Salvador Garriga Polledo (PPE-DE) to the Commission

(17 July 2003)

Subject:   Delimitation of fisheries zones as between Portugal and Spain

The president of the Spanish Association of Skilled Nautical Personnel has called for a clear delimitation of the fishing limits between Spain and Portugal, with a view to avoiding any further arrests of Spanish fishermen and putting the required end to such disputes between countries which are friends and neighbours and are both EU Member States.

The same person considers it unacceptable that such problems should exist between EU Member States. It follows, in the view of Spain's fishermen, that the fisheries zones need to be delimited in order to prevent any further conflicts.

Does the Commission believe it to be its responsibility, under the EU's common fisheries policy, to act with a view to resolving the conflict over the delimitation of fisheries zones as between Spain and Portugal, thus putting an end to the present unacceptable climate of conflict and, especially, the practice of punishing Spanish fishermen's incursions into Portuguese waters with prison sentences?

Answer given by Mr Fischler on behalf of the Commission

(13 August 2003)

The new legal basis of the Common Fisheries Policy, Council Regulation (EC) No 2371/2002 (1), clearly enshrines the principle of free access to waters and resources by all Community vessels, subject to the relevant Community rules on fisheries management.

Re-introducing limitations to access in areas of national jurisdiction on the basis of nationality would be contrary to the above principle. The Commission must ensure that fisheries access and conservation and management measures are based on the principle of non-discrimination.

The Commission also believes that the existence of certain conflicts among fishermen would not justify a failure to apply and enforce Community principles. The Commission is actively contributing to find a solution to the problem of the access to Portuguese continental waters in the context of the proposal for an effort regime in western waters. But the Commission is convinced that any solution in this regard must be fully in conformity with the above-mentioned principles.

(1)  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.