Keywords

Summary



Keywords

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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - EXPENDITURE INCURRED IN ACCORDANCE WITH THE COMMUNITY RULES - MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES

( EEC TREATY, ART . 38; REGULATION NO 729/70 OF THE COUNCIL, ARTS 2 AND 3 )

2 . MEMBER STATES - OBLIGATIONS - COMMISSION' S INITIATIVE IN ORDER TO MEET URGENT NEEDS - DUTIES OF ACTION AND ABSTENTION

( EEC TREATY, ART . 5 )

3 . FISHERIES - CONSERVATION OF MARITIME RESOURCES - COUNCIL' S FAILURE TO ACT - ADOPTION OF INTERIM CONSERVATION MEASURES - CONDITIONS - COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION - PROPOSALS FOR QUOTAS ADOPTED UNILATERALLY BY THE COMMISSION - QUOTAS EXCEEDED - EXPORT REFUNDS - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - REFUSAL - UNLAWFUL

( COUNCIL REGULATION NO 729/70, ART . 2 )

4 . COMMUNITY LAW - PRINCIPLES - LEGAL CERTAINTY - RULES WHICH MAY HAVE FINANCIAL CONSEQUENCES - EXPORT REFUNDS PAID PRIOR TO THE ADOPTION OF RULES FIXING FISHING QUOTAS RETROACTIVELY - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - REFUSAL - UNLAWFUL

( COUNCIL REGULATION NO 172/83 )

Summary

1 . FISHERY CONSERVATION MEASURES ARE PART OF THE COMMUNITY RULES FOR THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS WITHIN THE MEANING OF ARTICLES 2 AND 3 OF REGULATION NO 729/70 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY, SINCE ACCORDING TO ARTICLE 38 OF THE EEC TREATY AGRICULTURAL PRODUCTS INCLUDE FISHERY PRODUCTS . ACCORDINGLY, REFUNDS GRANTED AND INTERVENTION UNDERTAKEN IN BREACH OF COMMUNITY CONSERVATION MEASURES CANNOT BE CHARGED TO THE FUND .

2 . ARTICLE 5 OF THE EEC TREATY IMPOSES ON MEMBER STATES SPECIAL DUTIES OF ACTION AND ABSTENTION WHERE THE COMMISSION, IN ORDER TO MEET URGENT FISHERY CONSERVATION NEEDS, HAS SUBMITTED TO THE COUNCIL PROPOSALS WHICH, ALTHOUGH THEY HAVE NOT BEEN ADOPTED BY THE COUNCIL, REPRESENT A BASIS FOR CONCERTED COMMUNITY ACTION .

3 . WHERE THE COUNCIL HAS FAILED TO ADOPT THE CONSERVATION MEASURES NECESSARY TO PROTECT FISH STOCKS SUCH MEASURES, DESIGNED TO ANSWER URGENT NEEDS, MAY BE AGREED UPON BY MEANS OF A PROCESS OF COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION IN ORDER TO ENABLE THE COMMUNITY TO MEET ITS RESPONSIBILITIES . IN THE ABSENCE OF SUCH COOPERATION, PROPOSALS UNILATERALLY MADE BY THE COMMISSION IN RELATION TO THE FISHING QUOTAS TO BE ALLOCATED TO A MEMBER STATE CANNOT BE REGARDED AS COMMUNITY RULES WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 729/70 OF THE COUNCIL ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY, DISREGARD OF WHICH COULD JUSTIFY THE COMMISSION' S REFUSAL TO CHARGE TO THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND EXPENDITURE INCURRED IN THE FORM OF EXPORT REFUNDS GRANTED BY THAT MEMBER STATE IN RELATION TO CATCHES IN EXCESS OF THE SAID QUOTAS .

4 . COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT . THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .

IF A MEMBER STATE WAS NOT IN A POSITION WHEN IT GRANTED EXPORT REFUNDS IN THE FISHERIES SECTOR TO KNOW OR FORESEE WITH CERTAINTY RULES ADOPTED ONLY AFTER THE END OF THE FINANCIAL YEAR AND FIXING RETROACTIVELY FISHING QUOTAS, THE COMMISSION CANNOT RELY ON THEIR NON-OBSERVANCE TO REFUSE TO CHARGE THE RELEVANT REFUNDS TO THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND .