Keywords

Summary



Keywords

1 . FISHING - CONSERVATION OF THE RESOURCES OF THE SEA - POWERS OF THE EEC - LEGAL BASIS - SCOPE

( EEC TREATY , ARTS . 3 ( D ) AND 38 ; ACT OF ACCESSION , ART . 102 )

2 . FISHING - CONSERVATION OF THE RESOURCES OF THE SEA - TEMPORARY POWERS OF MEMBER STATES - CONDITIONS FOR EXERCISE - DUTY OF CO-OPERATION

( EEC TREATY , ART . 5 ; COUNCIL REGULATION NO 101/76 , ARTS . 2 AND 3 ; COUNCIL RESOLUTION OF 3 NOVEMBER 1976 , ANNEX VI )

3 . FISHING - CONSERVATION OF THE RESOURCES OF THE SEA - TEMPORARY POWERS OF MEMBER STATES - CONDITIONS FOR EXERCISE - DUTY OF CONSULTATION - APPLICATION TO NATIONAL IMPLEMENTING MEASURES OF AN INTERNATIONAL OBLIGATION

( COUNCIL RESOLUTION OF 3 NOVEMBER 1976 , ANNEX VI )

Summary

1 . THE POWERS OF THE COMMUNITY IN FISHING MATTERS ARE BASED ON ARTICLE 3 ( D ) OF THE TREATY IN CONJUNCTION WITH ARTICLE 38 ET SEQ . RELATING TO AGRICULTURE , INCLUDING ANNEX II TO THE TREATY , WHICH INCLUDES FISHERIES WITHIN THE SPHERE OF THE COMMON AGRICULTURAL POLICY . THE COMMUNITY ' S POWERS WERE CONFIRMED BY ARTICLE 102 OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES .

THOSE POWERS COVER ALL QUESTIONS RELATING TO THE PROTECTION OF THE FISHING GROUNDS AND THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA BOTH IN THE COMMUNITY ' S INTERNAL RELATIONS AND IN ITS RELATIONS WITH NON-MEMBER STATES . CONSEQUENTLY THE MEASURES ADOPTED IN THIS MATTER BY THE MEMBER STATES ARE SUBJECT TO ALL THE RELEVANT PROVISIONS OF COMMUNITY LAW .

2 . IN ADOPTING MEASURES IN THE SPHERE OF CONSERVATION OF FISHERY RESOURCES THE MEMBER STATES MUST OBSERVE ON THE ONE HAND ARTICLES 2 AND 3 OF COUNCIL REGULATION NO 101/76 LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY , UNDER WHICH ALL LAWS AND ADMINISTRATIVE RULES AND REGULATIONS DETERMINING THE RULES APPLIED BY EACH MEMBER STATE IN RESPECT OF FISHING IN THE MARITIME WATERS COMING UNDER ITS SOVEREIGNTY OR WITHIN ITS JURISDICTION MUST BE NOTIFIED TO THE OTHER MEMBER STATES AND THE COMMISSION , TOGETHER WITH ANY ALTERATIONS WHICH IT IS INTENDED TO MAKE IN THE FISHERY RULES SO LAID DOWN , AND ON THE OTHER HAND , ANNEX VI TO THE RESOLUTION ON FISHING ADOPTED BY THE COUNCIL AT THE HAGUE ON 30 OCTOBER 1976 AND FORMALLY APPROVED ON 3 NOVEMBER 1976 . THAT RESOLUTION , IN THE PARTICULAR FIELD TO WHICH IT APPLIES , MAKES SPECIFIC THE DUTIES OF CO-OPERATION WHICH THE MEMBER STATES ASSUMED UNDER ARTICLE 5 OF THE EEC TREATY WHEN THEY ACCEDED TO THE COMMUNITY . PERFORMANCE OF THESE DUTIES IS PARTICULARLY NECESSARY IN A SITUATION IN WHICH IT HAS APPEARED IMPOSSIBLE , BY REASON OF DIVERGENCES OF INTEREST WHICH IT HAS NOT YET BEEN POSSIBLE TO RESOLVE , TO ESTABLISH A COMMON POLICY AND IN A FIELD SUCH AS THAT OF THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA IN WHICH WORTHWHILE RESULTS CAN ONLY BE ATTAINED THANKS TO THE CO-OPERATION OF ALL THE MEMBER STATES .

THUS THE INSTITUTION OF MEASURES OF CONSERVATION BY A MEMBER STATE MUST FIRST BE NOTIFIED TO THE OTHER MEMBER STATES AND TO THE COMMISSION ; A MEMBER STATE PROPOSING TO BRING SUCH MEASURES INTO FORCE IS REQUIRED TO SEEK THE APPROVAL OF THE COMMISSION , WHICH MUST BE CONSULTED AT ALL STAGES OF THE PROCEDURE .

3 . ANNEX VI TO THE HAGUE RESOLUTION IN THE WORDS OF WHICH ' ' THE MEMBER STATES WILL NOT TAKE ANY UNILATERAL MEASURES IN RESPECT OF THE CONSERVATION OF RESOURCES ' ' , EXCEPT IN CERTAIN CIRCUMSTANCES AND WITH DUE OBSERVANCE OF CERTAIN REQUIREMENTS , MUST BE UNDERSTOOD AS REFERRING TO ANY MEASURES OF CONSERVATION EMANATING FROM THE MEMBER STATES AND NOT FROM THE COMMUNITY AUTHORITIES . THE DUTY OF CONSULTATION ARISING UNDER THAT RESOLUTION THUS COVERS ALSO MEASURES ADOPTED BY A MEMBER STATE TO COMPLY WITH ONE OF ITS INTERNATIONAL OBLIGATIONS IN THIS MATTER .