Judgment — ECLI:EU:C:2007:192
Date: 2007-03-29
Language of the case: English
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fisheries policy
Concepts: Common structural policy
Procedure: Action for failure to fulfil obligations - unfounded
Origin: United Kingdom

Summary of the Judgment 1. Fisheries – Common structural policy – Community system of fishing licences (Council Regulations No 3690/93, Art. 5, and No 3699/93, Art. 8) 2. Fisheries – Common structural policy – Community system of fishing licences (Council Regulations No 3690/93, Art. 5, and No 3699/93, Art. 8) 1. The phrase ‘definitive withdrawal from fishing activities’ is defined neither by Article 5 of Regulation No 3690/93 establishing a Community system laying down rules for the minimum information to be contained in fishing licences nor by that regulation as a whole. It is, however, defined by Regulation No 3699/93 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products and more precisely by Article 8(2) thereof, according to which measures to stop vessels’ fishing activities permanently may include, inter alia, permanent transfer to a non-Member State, provided such transfer is not likely to infringe international law or affect the conservation and management of marine resources. Although the purpose of those two regulations is different, there is nothing to indicate that that definition applies exclusively to Regulation No 3699/93 and that it cannot be used in the context of other instruments of secondary legislation relating to the sphere of fishing policy. Moreover, Regulation No 3699/93, which defines the concept, was adopted after Regulation No 3690/93, the Community legislature thus having knowingly intended to choose the same expression as that already used in Regulation No 3690/93. Accordingly, there is nothing to preclude that definition being used in the context of the implementation of Article 5 of Regulation No 3690/93 regarding the temporary or definitive suspension of fishing licences. (see paras 29, 31-33) 2. The wording of Article 5 of Regulation No 3690/93 establishing a Community system laying down rules for the minimum information to be contained in fishing licences does not as such prohibit fishing capacity made available by the transfer of vessels to a non-Member State from being used to issue new fishing licences, since that article merely requires the flag Member State to withdraw the fishing licences relating to vessels which are subject to definitive withdrawal from fishing activities. Moreover, Article 8 of Regulation No 3699/93 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products lays down, inter alia, what the measures to stop vessels’ fishing activities permanently may include and requires vessels deleted from the register to be excluded from fishing in Community waters. It does not, however, follow from that provision that the fishing capacity made available in the national register of fishing vessels by the permanent transfer of vessels to a non-Member State should not be used to issue new fishing licences (see paras 43-44)