62007CJ0189_EN
Subject of the case
Operative part
Subject of the case
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 2(1) and 31(1) and (2) of Council Regulation (EC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1) – Infringement of Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products (OJ 1996 L 334, p. 1) and Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ 1998 L 125, p. 1) – Unsatisfactory monitoring – Failure to adopt adequate measures to penalise the infringements.
Operative part
Operative part
The Court:
1. Declares that:
– by failing to carry out satisfactorily the monitoring, inspection and surveillance of fishing activities within its territory and within maritime waters subject to its sovereignty or jurisdiction, including the landing and marketing of species subject to rules on minimum size under Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products and by failing to devote the necessary human resources to the monitoring, inspection and surveillance of fishing; and
– by failing to act with sufficient diligence to ensure the adoption of appropriate measures against those responsible for infringing Community provisions in relation to fisheries, in particular by bringing administrative actions or criminal proceedings and imposing penalties which have a deterrent effect on those responsible;
the Kingdom of Spain has failed to fulfil its obligations under Articles 2(1) and 31(1) and (2) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy, as amended by Council Regulation (EC) No 2846/98 of 17 December 1998;
2.	Dismisses the remainder of the action;
3.	Orders the Kingdom of Spain to pay the costs.