91997E4112

WRITTEN QUESTION E-4112/97 by Daniel Varela Suanzes-Carpegna (PPE) to the Commission (16 January 1998)

Subject: Restrictions on Spanish investment in French-registered fishing vessels

On 18 November 1997 the French Parliament adopted a new law to regulate fishing at sea which imposes requirements relating to the residence of crew members on French soil and the landing of catches at French ports, from which the majority of fishing voyages must originate.

Is the Commission officially aware of this new French law?

Does it consider the law in question to be compatible with the basic principles of Community law, in particular those relating to the freedom of establishment and the free movement of persons and goods?

In any event, could it state its opinion regarding this law in the light of recent ECJ judgments on this subject?

Answer given by Mrs Bonino on behalf of the Commission (9 February 1998)

The Honourable Member is probably referring to France's Law No 97-1051 of 18 November 1997 on marine fishing and seafood cultivation.

Article 6 of this Law stipulates that a fishing vessel flying the French flag is not permitted to fish on national quotas or to apply for a fishing licence unless it has a genuine economic link with the territory of the French Republic and that it is managed and controlled by a permanent undertaking located in French territory.

The Commission takes the view that this provision is compatible with Community law, as interpreted by the Court of Justice, provided that the practical application of the Law complies fully with the principles of proportionality and non-discrimination.

The Commission is not aware of any restrictions on the residence of crew members or the unloading of fishing vessels flying the French flag as referred to by the Honourable Member in his written question.

The new Law No 97-1051 on marine fishing and seafood cultivation contains no such restrictions.

If supplementary provisions were to be introduced by the French authorities, the Commission would check to ensure that they comply with Community law as interpreted by the Court of Justice.