March 27, 1995

As you probably know, I have just summoned the Canadian Ambassador in Madrid to convey the Spanish Government's protest in view of the behaviour of the Canadian Government during the last few hours, particularly the harassment carried out against the Spanish trawlers which are legally fishing in waters regulated by international law.

I expressed my protest in a very vigorous manner, and also in relation with the cutting of the nets used by our fishermen which, I insist, in our opinion, are nets that can be used. The behaviour of our fishermen is totally legitimate in accordance with international legality. I made him aware that the Spanish Government has sent another patrol vessel to the area, so that, in any case, our fishermen's work be guaranteed. We will not tolerate that any other Spanish trawler be seized by the Canadian authorities. I made it very clear to him, following a telephone conversation, this morning, with the Minister of Defence.

I also wish to tell you that, within the Community's framework, this very afternoon, there will be another meeting of COREPER, with the Ambassadors in Brussels. I will have a conversation with Commissioner Brittan and with the President of the Commission and Commissioner Bonino in New York, defending the interest of the European Union and thus, those of Spain.

As you know, today, within a few hours, a Conference on the Sea will begin in New York, where the European Union will maintain with all the tenacity, pressure and passion that the Commissioner can muster, its position to defend the interest of the European Union as well as the interest of Spain.

Canada's behaviour could not be more provocative, the day before a meeting which will take place within the framework of the United Nations, where all these matters will be dealt with.

Therefore, I have condemned with the utmost energy the behaviour of the Canadian authorities.

We will set in motion all the measures that we have already announced, some of which are already being applied. We will guarantee the capacity of the Spanish fishermen to fish in waters which, in our opinion, are perfectly legal.

We are aware that the resolution of this conflict will not be send more or less ships, but wish to clearly state that it is the will of the Spanish Government that our fishermen have their security guaranteed when carrying out a task which in our opinion, is legitimate and in conformity with international regulations.

In a few hours, I will be leaving for Chine, accompanying H.M. the King. I will be, however, constantly in touch with the Ministry and with those in charge of the European Union in Brussels, and with New York where today, tomorrow and the day after, some meetings of importance as concerns the Law of the Sea will be held.

Journalist: What do you think of the statements made by the Canadian Minister
            of Fisheries to the effect that it is a provocation...?

Minister: One of the things that I have conveyed to the Ambassador of Canada in Spain is that the statements made by the Canadian Minister of Fisheries go beyond what is admissible within the international community. The fact that a Minister of Fisheries who is our partner in several international fora, may publicly state that, in his view, international legality is irrelevant, and that it does not matter to him, goes beyond what may be expected from a responsible Government and from a Minister with common sense.

Journalist: When are visas going to be required for Canadians ?

Minister: The decision, I believe, will appear tomorrow in the B.O.E. (Official Gazette) and, therefore, will be effective within four or five days, the time required for the decision to be implemented.

Journalist: And in the meantime, what is the Government willing to do? For
            it is not enough to express the strongest protest.

Minister: The Government keeps doing what it can do and it does it in the following manner. I have stated a thousand times and I state once again that Spain will behave in conformity with international legality. Spain and the European Union cannot respond to a violation of international laws with yet another violation of international laws. We will always act with the utmost respect of international law.

The actions allowed by international law are already being carried. First and foremost, is to act before The International Court at The Hague.

Journalist: When will this demand be made ?

Minister: This demand has already been prepared and finally worded, because we want to establish it on solid gfrounds, and a team of international experts has been assembled to that end. It will be presented at The Hague within the next two days.

Journalist: This demand has already been announced and yet it seems that it
            seems that it has not served any purpose.

Minister: We hope that the response from the Canadian Government will be within the framework of international laws. Neither the European Union nor Spain will act outside of the international framework. The truth is on our side, and we cannot lose it through actions outside international regulations. We will, therefore, behave in all international fora as we have until now. We will set in motion all the mechanisms so that our fishermen be guaranteed being able to fish there where international legality allows them to fish, and in this case, in the waters where they are presently fishing.

Journalist: Are diplomatic relations with Canada going to be broken ?

Minister: I do not believe that would be the most advisable step. Regarding the measures that could be taken, such as recalling the Ambassadors and others, I do not favour them for a very simple reason. It is precisely in difficult times and in critical moments with another country when diplomatic representation is most useful. Therefore, each one fulfilling their roles, ours over there, and theirs over here, I believe it would be good to keep things that way.

Notwithstanding, if the situation changes dramatically, we would have to reorganize the strategy. At this moment, I favour the position of the Ambassadors carrying on with their roles. I do believe that ours is acting very efficiently in Canada and I deem it best that he continues doing so as long as it is necessary. I do insist, it is precisely in difficult and critical moments when the work of the Ambassadors is most needed.

Journalist: Can this conflict harm the fishing negotiation with Morocco ?

Minister: I do not think so. It is true that the debate with the European Union over fishing is attracting front page attention. There is no doubt that fishing is becoming a very important issue for the European Union, and not only for them. Fishing is having deeper and deeper international repercussions. It is logical that this is that way. Spain is the first country to recognize this. Here we are not stating that some countries are more environmentally concerned than others. We all wish that all the ocean species be respected and the marine bottom not to be deteriorated. This is not the issue with Canada at the moment. The question is not who fishes, but how much. We all agree that the amount of catches should gradually diminish, but what we cannot accept is that the weight of the reduction fall on this or that country, on Spain in this case. Therefore, the issue is not how much is being fished but who fishes.

The European Union and Spain in particular have the right to fish in those banks which allow me to add, were discovered in great part, by Spanish fishermen. Therefore, we feel we are in our own right to fish there.

We are all aware that fishing is a very debatable issue, in New York, today, for example, but I insist, what is important is that the outcome of these conclusions not be applied mainly on this or that country, but that the resolution be such that the whole International Community take responsibility, and we cannot accept that one country, in this case Canada, take jurisdiction in its own hands.

International relations are not to be resolved with methods that are not complying with international legality.

Journalist: It seems that Europe is not keen on the idea of sending war
            ships to the disputed zone...

Minister: Allow me to inform you that it is not the European Union who have
          war ships, but the countries which are part of it.

Journalist: I am referring to Spain in particular.

Minister: Logically no one wants this conflict to escalate. Neither do we. But we do have the duty to do everything possible so that firstly our fishermen, may exercise their right freely and, secondly, not be harassed. This is what we are doing. Maybe this is not the like of a country, but there is nothing we can do about that. We have the duty of defending our fishermen. This is a different matter. It is in a question of principles where we do need all the understanding and active solidarity of the European Union. If the European Union accepts that a country can attain its purposes through the violation of International Law, then the European union has lost the strength that, as I undersatnd it, is hers in the international context. It is therefore inadmissible that a conflict be resolved through violation of international laws, not only for the good of our country, but also for the own good and respect of the European Union.

Journalist: Are you satisfied with the attitude of the European Union ?

Minister: Yes, I am satisfied. Some of you know the European Union very well and you know that it is not likely that the European Union pronounces itself strongly with only one voice in matters of this kind which basically affect two countries, namely Spain and Portugal. Until now there has been only one voice in the Union. The Commissioner responsible for fisheries is doing her work with great tenacy. At this moment she is in New York defending the very same principles I am defending here, and she will do it in the pertinent international fora. I do repeat, once more, that the competence on fisheries is not a competence of the individual countries, it is a competence which has already been transferred to the European Union, therefore it is the duty of the Commission to act on behalf of all of us.

Journalist: The fishermen who are in Newfoundland seem to be ready to approach
            the 200 mile limit. Could this be a provocation ?

Minister: The fishermen are acting with a great sense of responsibility. Under no circumstances will it be said that the Spanish fishermen are violating at this moment any international regulation. None at all. International regulations governing where they can fish, nor any international regulations governing how mush they can fish. They are doing it, strictly abiding by international regulations. These are the instruction and recommendation that they are always receiving from the government, and, in this case, with even more reason, if that is possible. We have to continue to be right and state clearly that it is others who are infringing upon international law.

Journalist: What ship are you sending there ?

Minister: A patrol vessel similar to the previous one.

Journalist: Is it different to the one sent yesterday ?

Minister: As you know, we thought that "Vigia" could return and thus there would be only one vessel there. Both vessels will be there at the same time. This is what I wanted to say.

Journalist: Will Spain continue to be part of this unique voice of the
            European Union ?

Minister: I hope and wish that it will be so.

Journalist: Regarding the requirement for visas, will it have any impact on
            Schengen ?

Minister: No, there will be no modification. What we are doing is to pass on to the Schengen administration our position with regards to Canada, but there is no other consequence.

Journalist: Can other vessels be sent to the conflict area ?

Minister: I do not discard theis possibility. At the moment, the Ministry of Defence has decided to send a patrol vessel to the area which, to give you an idea, covers a larger surface than that of Spain.

Journalist: Should an intent of boarding the ship be carried out, what can
            these patrol ships do?

Minister: The ship captains, the one who is already in the area as well as the one who is travelling there, have clear instructions in that regard.

Journalist: What instructions ?

Minister: I am not going to reveal them to you. They have strict instructions that boarding will not be carried out.

Journalist: In your first interview you insinuated that diplomatic relations
            might be broken...

Minister: I never said that. It is those who listened to me who insinuated it. They have interpreted it as a statement from one or another, but they have not heard me saying that. On the other hand, what I can tell you once again is that when a conflict of this nature arises, which we wish to resolve through International Law, what we must do is not to hinder the possibilities of this happenning.

Now, if the other Party shows that what it wants is to provoke and not resolve the conflict through International Law, then something else will have to be done. But, as a country, we will do everything possible within the framework of the European union to dinf a solution in agreement with international regulations. Canada'ss position, at this moment, from my point of view, is a provoking attitude.

(End of statements made by the Minister of Foreign Affairs, Mr. Javier Solana, to the media, on 27 March, 1995)