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Dáil Éireann díospóireacht -
Thursday, 5 May 1994

Vol. 442 No. 4

Ceisteanna—Questions. Oral Answers. - EEA Agreement Implications.

P. J. Sheehan

Ceist:

3 Mr. Sheehan asked the Minister for the Marine the effect, if any, Article 31, of the EEA Agreement, Freedom of Establishment, will have on the Irish fishing industry; and the extent to which the Norwegian and Icelandic fishing fleets will explore their newly acquired rights under the Act.

The application of the terms of the European Economic Area Agreement in so far as fisheries is concerned is limited by Article 20 of the agreement which provides that the,

"Provisions and arrangements that apply to fish and other marine products are set out in Protocol 9".

Thus, the remainder of the agreement, including Article 31 which provides for the right of establishment does not apply to the fisheries sector.

Norway currently has limited access to the Irish zone for a very small number of non-quota species. This access will not change under the EEA. Iceland currently has no access to the Irish zone. There is no provision in the agreement for Icelandic vessels to have such access in the future.

Will the Minister agree that the "freedom of establishment" clause constitutes a legal figleaf permitting Spanish vessels to register in Britain or Ireland and fish against British or Irish quotas with the blessing of the European Union? Article 31 permits the Norwegian and Icelandic vessels to avail of the same concessions. If the freedom of establishment was unable to curb the Spanish and Portuguese invasion how will it curb the Norwegian and Icelandic invasion?

I do not concede that the Spanish Armada has landed in the Irish jurisdiction. As the Deputy is aware, until 1 January 1996 the Spanish and Portuguese, under the Iberian Accession of 1986, are bound to stay outside the 50 mile zone — the 72,000 square miles — but after that date they will have access to it. I am trying to limit their access on a number of grounds on which I cannot dwell because it would take too long. To reply specifically to the Deputy's question, the negotiations allowed the Norwegians to fish for a non-quota species, such as blue whiting, dogfish, basking shark and porbeagle. None of these fish is subject to a quota.

If the Norwegians pass the referendum — the opinion polls are giving a strange message in that regard — and join the European Union we will have an entitlement for the first time to go into their waters to pursue mackerel. That will become a matter of regulation; at present it is a matter of practice with their permission. From any point of view the balance of advantage in relation to Norwegian accession lies with us rather than with the Norwegians.

Given the framing of the EA agreement, there is a distinct possibility that Norwegian and Icelandic fishing interests may decide to exercise their newly acquired freedom of establishment rights. As well as that it is clear that Iceland, which has now suffered a severe reduction in its cod quota, may have immediate rights to fish in Irish waters by virtue of the fact that it is establishing rights to Rockall.

I do not concede that anybody — apart from Ireland — has rights to Rockall.

The British flag is flying there.

Perhaps the Deputy and I will visit Rockall some day and address that problem. Article 31 of the European Area Agreement provides for the freedom of establishment of nationalism in an EU member state or in an EFTA country in the territory of any other free State. Freedom of establishment includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings. Annexes 8 to 11, referred to in Article 31, relate to matters such as insurance, telecommunications, carriage of goods, bar people, by road, sea or air. The EA provisions relate to provisions contained in Article 20 of the agreement which provides that "provisions and arrangements that apply to fish and other marine products are set out in Protocol 9". We have dealt in detail with Protocol 9 on a number of occasions in the past but if the Deputy wants the full reference to that Protocol I can give it to him.

They have got the——

The Deputy may be reading a different message. I can address the issue with the Deputy either privately or publicly and I will give him whatever assistance I can.

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