Keywords

Summary



Keywords

1 . ACTS ADOPTED BY AN INSTITUTION - REGULATION - GEOGRAPHICAL AREA OF APPLICATION

( EEC TREATY , ARTICLE 189 )

2 . SEA FISHING - COMMON POLICY - MARITIME WATERS COMING UNDER THE SOVEREIGNTY OR WITHIN THE JURISDICTION OF MEMBER STATES - LIMITS - REFERENCE TO NATIONAL LAWS - SIGNIFICANCE

( COUNCIL REGULATION NO 101/76 , ARTICLE 2 ( 3 ))

3 . SEA - FISHING RESOURCES - CONSERVATION MEASURES - POWER OF THE EEC - NOT EXERCISED - INTERIM POWERS OF THE MEMBER STATES - OBLIGATION TO COOPERATE

( ACCESSION TREATY , ARTICLE 102 ; EEC TREATY , ARTICLE 5 )

4 . EQUALITY OF TREATMENT - DISCRIMINATION - PROHIBITION - CRITERIA FOR DIFFERENTIATION - COVERT DISCRIMINATION - PROHIBITION

( EEC TREATY , ARTICLE 7 )

5 . SEA FISHING - PURSUIT - NATIONAL MEASURES - ACCESS TO FISHING AREAS - LIMITATION - CRITERIA - DISCRIMINATION - PROHIBITION

( EEC TREATY , ARTICLE 7 ; REGULATION NO 101/76 , ARTICLE 2 )

Summary

1 . AS INSTITUTIONAL ACTS ADOPTED ON THE BASIS OF THE TREATY , REGULATIONS APPLY IN PRINCIPLE TO THE SAME GEOGRAPHICAL AREA AS THE TREATY ITSELF .

2 . ARTICLE 2 ( 3 ) OF REGULATION NO 101/76 MUST BE UNDERSTOOD AS REFERRING TO THE LIMITS OF THE FIELD OF APPLICATION OF COMMUNITY LAW IN ITS ENTIRETY , AS THAT FIELD MAY AT ANY GIVEN TIME BE CONSTITUTED . CONSEQUENTLY THE REFERENCE IN THAT PROVISION TO THE ' LAWS IN FORCE ' IN THE VARIOUS MEMBER STATES AS DESCRIBING THE MARITIME WATERS COMING UNDER THEIR SOVEREIGNTY OR WITHIN THEIR JURISDICTION MUST BE INTERPRETED AS REFERRING TO THE LAWS APPLICABLE FROM TIME TO TIME DURING THE PERIOD OF VALIDITY OF THE REGULATION CONCERNED . ANY EXTENSION OF THE MARITIME ZONES BELONGING TO THE MEMBER STATES MEANS PRECISELY THE SAME EXTENSION OF THE AREA TO WHICH THE REGULATION APPLIES .

3 . THE COMMUNITY HAS POWER TO TAKE MEASURES FOR THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA , BOTH INDEPENDENTLY AND IN THE FORM OF CONTRACTUAL COMMITMENTS WITH NON- MEMBER STATES OR UNDER THE AUSPICES OF INTERNATIONAL ORGANIZATIONS . IN SO FAR AS THIS POWER HAS BEEN EXERCISED BY THE COMMUNITY , THE PROVISIONS ADOPTED BY IT PRECLUDE ANY CONFLICTING PROVISIONS BY THE MEMBER STATES . ON THE OTHER HAND , SO LONG AS THE TRANSITIONAL PERIOD LAID DOWN IN ARTICLE 102 OF THE ACT OF ACCESSION HAS NOT EXPIRED AND THE COMMUNITY HAS NOT YET FULLY EXERCISED ITS POWER IN THE MATTER , THE MEMBER STATES ARE ENTITLED , WITHIN THEIR OWN JURISDICTION , TO TAKE APPROPRIATE CONSERVATION MEASURES WITHOUT PREJUDICE , HOWEVER , TO THE OBLIGATION TO CO- OPERATE IMPOSED UPON THEM BY THE TREATY , IN PARTICULAR ARTICLE 5 THEREOF .

4 . THE RULES REGARDING EQUALITY OF TREATMENT ENSHRINED IN COMMUNITY LAW FORBID NOT ONLY OVERT DISCRIMINATION BUT ALSO COVERT FORMS OF DISCRIMINATION BY REASON OF NATIONALITY WHICH , BY THE APPLICATION OF OTHER CRITERIA OF DIFFERENTIATION , LEAD IN FACT TO THE SAME RESULT .

5 . NATIONAL MEASURES ARE CONTRARY BOTH TO ARTICLE 7 OF THE EEC TREATY AND TO ARTICLE 2 ( 1 ) OF REGULATION NO 101/76 IF , BY SELECTING A CRITERION BASED ON THE SIZE AND ENGINE POWER OF THE BOATS , THEY HAVE THE EFFECT OF EXCLUDING FROM THE FISHING AREAS COMING UNDER THE SOVEREIGNTY OR WITHIN THE JURISDICTION OF THE MEMBER STATE IN QUESTION , A PART OF THE FLEETS OF OTHER MEMBER STATES WHEREAS UNDER THE SAME MEASURES NO COMPARABLE OBLIGATION IS IMPOSED ON ITS OWN NATIONALS .