Keywords

Summary



Keywords

1. Actions against Member States for failure to fulfil obligations - Commission's right to bring an action - Exercise of that right not dependent on a specific interest in bringing an action

(Arts 211 EC and 226 EC)

2. Fisheries - Conservation of the resources of the sea - Fishing quotas - Obligations of Member States - Practical difficulties - Not relevant

(Council Regulations No 2241/87, Art. 11(2), and No 2847/93, Art. 21(2))

3. Fisheries - Conservation of the resources of the sea - Fishing quotas - Control measures - Obligation of Member States to impose penalties - Scope

(Council Regulation No 2847/93, Art. 31(2))

Summary

1. When exercising its powers under Articles 211 EC and 226 EC, the Commission, when it brings an action for failure to fulfil obligations, does not have to show that there is a specific interest in bringing the action since its function is, in the general interest of the Community, to ensure that Member States give effect to the EC Treaty and to obtain a declaration of any failure to fulfil the obligations deriving therefrom, with a view to bringing it to an end.

( see para. 29 )

2. It is imperative that the Member States fulfil the obligations incumbent on them under the Community rules for the conservation and management of fish stocks in order to ensure the protection of fishing grounds, the conservation of the biological resources of the sea and their balanced exploitation on a lasting basis and in appropriate economic and social conditions.

On those grounds, the interpretation according to which Article 11(2) of Regulation No 2241/87, establishing certain control measures for fishing activities, requires Member States to adopt binding measures to prohibit on a provisional basis all fishing activity even before quotas are exhausted is also valid for Article 21(2) of Regulation No 2847/93, establishing a control system applicable to the common fisheries policy, the wording of which is essentially the same as that of Article 11(2) of Regulation No 2241/87, which it replaces.

Furthermore, a Member State cannot plead provisions, practices or situations in its internal legal system to justify non-compliance with obligations and time-limits arising from rules of Community law.

It follows that a Member State cannot rely on a delay due to the time taken to transmit data or to publish a decision to justify failure to implement appropriate measures to suspend fishing in good time. On the contrary, a Member State is bound to take account of such administrative delays when it sets the date for the suspension of fishing.

( see paras 57-60 )

3. A national system of control does not fulfil the requirements of Article 31(2) of Regulation No 2847/93 establishing a control system applicable to the common fisheries policy, which provides that the competent authorities of a Member State are required to take penal or administrative action which is proportionate to the infringement and serves as a deterrent against those responsible for exceeding quotas, if, in the event of breach of Community rules on the conservation and control of fishery resources, it provides for a simple readjustment the following year for producers' organisations responsible for exceeding quotas. Such a system does not have an effect commensurate with the seriousness of the infringement. Moreover, since it does not immediately deprive those responsible for the infringement of the economic advantage they derived from it, this system does not serve as a genuine deterrent.

( see paras 62, 65, operative part )