Opinion of the Advocate General — ECLI:EU:C:2002:249
Date: 2002-04-23
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fisheries policy
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
Fisheries — Conservation of the resources of the sea — National conservation meas­
ures — National legislation prohibiting on a temporary basis the landing of a specific 
species caught within the territorial waters of another Member State — Not permissible 
(Council Regulations Nos 3760/92, Art. 10(1), and 850/98, Art. 46(1)) 
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SUMMARY — CASE C-26J/01 
Community fisheries legislation precludes 
national legislation which prohibits, during 
a given period, the landing, on part of the 
coastline of the Member State concerned, 
of scallops caught within the territorial 
waters of another Member State. The 
measures which Member States are 
empowered to adopt for the conservation 
and management of fishery stocks, in 
accordance with Article 10(1), first and 
second indents, of Regulation No 3760/92 
establishing a Community system for 
fisheries and aquaculture and Article 46(1) 
of Regulation No 850/98 for the conser­
vation of fishery resources through tech­
nical measures for the protection of juven­
iles of marine organisms must concern 
strictly local stocks or only the fishermen 
of the Member State concerned or fishing 
vessels flying the flag of that State and may • 
apply only to waters coming under its 
sovereignty or jurisdiction. 
(see paras 34-38, operative part) 
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