Keywords

Summary



Keywords

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1 . ACTION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL AND LEGAL PERSONS - MEASURES WHICH CONCERN THEM DIRECTLY AND INDIVIDUALLY - APPROVAL BY THE COMMISSION OF A LIST PREPARED BY THE SPANISH AUTHORITIES FOR THE PURPOSE OF DESIGNATING VESSELS AUTHORIZED, PURSUANT TO THE ACT OF ACCESSION, TO CARRY OUT CERTAIN FISHING ACTIVITIES - ALL OPERATORS OF

VESSELS WHO COULD BE GRANTED AUTHORIZATION AS A RESULT OF BEING ENTERED ON THE BASIC LIST DRAWN UP FOR COMMUNITY PURPOSES ENTITLED TO BRING PROCEEDINGS

( EEC TREATY, SECOND PARAGRAPH OF ART . 173; ACT OF ACCESSION OF 1985,

ART . 163 )

2 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - SPAIN - FISHERIES - TRANSITIONAL MEASURES - SYSTEM OF PERIODICAL LISTS OF SPANISH VESSELS PERMITTED TO CARRY OUT CERTAIN FISHING ACTIVITIES - LISTS DRAWN UP BY THE SPANISH AUTHORITIES - APPLICATION OF NATIONAL LAW - LIMITS - PROHIBITION OF DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - CONTROL BY THE COMMISSION WHEN EXERCISING ITS POWER TO APPROVE - LIMITS

( EEC TREATY, SECOND SUBPARAGRAPH OF ART . 40 ( 3 ); ACT OF ACCESSION OF 1985, ART . 163; COUNCIL REGULATION NO 3781/85; COMMISSION REGULATION NO 3531/85 )

Summary

1 . IN THE CONTEXT OF THE TRANSITIONAL PROVISIONS IN RESPECT OF FISHERIES CONTAINED IN THE ACT OF ACCESSION OF SPAIN, THE COMMISSION IS REQUIRED TO APPROVE LISTS OF THE SPANISH VESSELS AUTHORIZED TO CARRY OUT CERTAIN FISHING ACTIVITIES IN THE WATERS OF THE FORMER COMMUNITY OF TEN DURING A GIVEN PERIOD . THOSE LISTS ARE DRAWN UP BY THE SPANISH AUTHORITIES FROM A BASIC LIST, WHICH APPEARS IN ANNEX IX TO THE ACT OF ACCESSION, SHOWING ALL THE VESSELS ELIGIBLE FOR SUCH AUTHORIZATION .

UNDER SUCH A SYSTEM, FOR THE PURPOSES OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY, EACH OF THE OPERATORS OF VESSELS APPEARING ON THE BASIC LIST SHOULD BE REGARDED AS BOTH INDIVIDUALLY CONCERNED BY THE DECISION OF APPROVAL, BECAUSE THE EFFECT OF THAT DECISION IS THAT THE OPERATOR IS EITHER GRANTED OR REFUSED THE RIGHT TO PURSUE HIS ACTIVITY DURING THE PERIOD IN QUESTION, AND DIRECTLY CONCERNED THEREBY, SINCE ONCE THE LIST IS APPROVED THE NATIONAL AUTHORITIES NO LONGER HAVE ANY DISCRETION WITH REGARD TO VESSELS AUTHORIZED TO FISH .

2 . WHEN DRAWING UP, PURSUANT TO ARTICLE 163 OF THE ACT OF ACCESSION OF SPAIN, THE DRAFTS OF THE PERIODICAL LISTS OF FISHING VESSELS AUTHORIZED TO PURSUE THEIR ACTIVITIES IN THE WATERS OF THE FORMER COMMUNITY OF TEN, THE SPANISH AUTHORITIES MUST COMPLY WITH THE RULES LAID DOWN BY THE ACT OF ACCESSION AND BY REGULATIONS NO 3531/85 AND NO 3781/85 . AS THOSE RULES DO NOT INDICATE THE CRITERIA THEY SHOULD APPLY WHEN SELECTING FROM ALL THE VESSELS FULFILLING THE CONDITIONS OF THE ABOVEMENTIONED RULES THOSE WHICH WILL BE ENTERED ON THE DRAFT LISTS, THE SPANISH AUTHORITIES MUST CARRY OUT THEIR SELECTION IN ACCORDANCE WITH RULES OF NATIONAL LAW . IN THAT SELECTION THEY MUST ALSO, HOWEVER, COMPLY WITH THE PRINCIPLE OF EQUALITY ENUNCIATED IN ARTICLE 40 ( 3 ) OF THE TREATY WHICH IS BINDING ON MEMBER STATES WHEN THEY ARE ADOPTING MEASURES RELATING TO THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS PURSUANT TO A COMMUNITY REGULATION . IT IS FOR THE COMMISSION TO CHECK WHETHER THE NATIONAL RULES APPLICABLE TO THE MATTER ARE IN CONFORMITY WITH THE PRINCIPLE OF EQUALITY AND, IF THEY ARE NOT, TO INITIATE IF NECESSARY PROCEEDINGS FOR A DECLARATION THAT THE MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS .

ON THE OTHER HAND, IT IS NOT THE TASK OF THE COMMISSION, SINCE IT LACKS THE INFORMATION NECESSARY FOR THE PURPOSE, TO EXAMINE EACH TIME THAT A LIST IS SUBMITTED WHETHER THE PRINCIPLE OF EQUALITY HAS BEEN COMPLIED WITH WHEN IT WAS DRAWN UP . IT IS FOR THE NATIONAL COURTS, TO WHICH THE PRELIMINARY REFERENCE PROCEDURE IS AVAILABLE, TO UNDERTAKE SUCH REVIEW .