Keywords

Summary



Keywords

1 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - EXCLUSIVE POWER OF THE COMMUNITY - NON-EXERCISE - ADOPTION OF NATIONAL CONSERVATION MEASURES - CONDITIONS - OBLIGATION TO CONSULT THE COMMISSION AND TO ABIDE BY ITS VIEWS

( ACT OF ACCESSION , ART . 102 )

2 . MEMBER STATES - DIVISION OF POWERS BETWEEN THE COMMUNITY AND THE MEMBER STATES - PROPOSAL FOR COMMUNITY ACTION MADE BY THE COMMISSION - APPROVAL OF A UNILATERAL NATIONAL MEASURE IDENTICAL IN CONTENT - NOT POSSIBLE

3 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - EXCLUSIVE POWER OF THE COMMUNITY - ADOPTION OF NATIONAL CONSERVATION MEASURES - EXPRESS OBJECTIONS PUT FORWARD BY THE COMMISSION TO A PROPOSED MEASURE - WITHDRAWAL - CONDITIONS

4 . COMMUNITY LAW - NATIONAL LEGISLATIVE MEASURE CONTRARY TO COMMUNITY LAW - CONVICTION IN CRIMINAL PROCEEDINGS - INCOMPATIBILITY WITH COMMUNITY LAW

Summary

1 . THE POWER TO ADOPT , AS PART OF THE COMMON FISHERIES POLICY , MEASURES RELATING TO THE CONSERVATION OF THE RESOURCES OF THE SEA HAS BELONGED FULLY AND DEFINITIVELY TO THE COM- MUNITIES SINCE THE EXPIRATION ON 1 JANUARY 1979 OF THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION SO THAT AFTER THAT DATE THE MEMBER STATES ARE NO LONGER ENTITLED TO EXERCISE ANY POWER OF THEIR OWN IN THIS MATTER AND MAY HENCEFORTH ONLY ACT AS TRUSTEES OF THE COMMON INTEREST , IN THE ABSENCE OF APPROPRIATE ACTION ON THE PART OF THE COUNCIL . IN A SITUATION CHARACTERIZED BY THE INACTION OF THE COUNCIL AND BY THE MAINTENANCE , IN PRINCIPLE , OF THE CONSERVATION MEASURES IN FORCE THE MEMBER STATES NOT ONLY HAVE AN OBLIGATION TO UNDERTAKE DETAILED CONSULTATIONS WITH THE COMMISSION AND TO SEEK ITS APPROVAL IN GOOD FAITH BUT ALSO A DUTY NOT TO LAY DOWN NATIONAL CONSERVATION MEASURES IN SPITE OF OBJECTIONS , RESERVATIONS OR CONDITIONS WHICH MAY BE FORMULATED BY THE COMMISSION .

2 . A PROPOSAL SUBMITTED BY THE COMMISSION TO THE COUNCIL WITH A VIEW TO TAKING CONCERTED COMMUNITY ACTION CANNOT BE CONSIDERED AS CONSTITUTING IN ITSELF APPROVAL OF A UNILATERAL NATIONAL MEASURE , EVEN OF ONE HAVING THE SAME CONTENT , WHICH IS ADOPTED IN A SPHERE COMING WITHIN THE POWERS OF THE COMMUNITY . THE LAWFULNESS OF NATIONAL MEASURES ADOPTED IN A SPHERE WITHIN WHICH THE POWERS OF THE COMMUNITY APPLY MAY NOT BE RECOGNIZED SOLELY BY REASON OF THE EXISTENCE OF A COMMUNITY PROPOSAL WHICH IS IDENTICAL IN PRINCIPLE . THAT WOULD NOT ONLY BE CONTRARY TO LEGAL CERTAINTY BUT WOULD LEAD TO A DISTORTION OF THE DIVISION OF POWERS BETWEEN THE COMMUNITY AND THE MEMBER STATES AND WOULD THUS ADVERSELY AFFECT THE ESSENTIAL BALANCES ESTABLISHED BY THE TREATY .

3 . WHERE , WITH REGARD TO FISHERY CONSERVATION MEASURES ADOPTED DURING THE PERIOD IN WHICH THE COUNCIL HAD NOT YET EXERCISED THE POWERS WHICH IT POSSESSES , THE COMMISSION HAS PUT FORWARD EXPRESS OBJECTIONS TO THE NATIONAL MEASURE CONTEMPLATED , SUCH OBJECTIONS MAY BE CONSIDERED TO HAVE BEEN WITHDRAWN ONLY WHEN THE COMMISSION HAS CLEARLY AND EXPRESSLY INDICATED THAT IT NO LONGER INTENDS TO INSIST ON THEM .

4 . WHERE CRIMINAL PROCEEDINGS ARE BROUGHT BY VIRTUE OF A NATIONAL MEASURE WHICH IS HELD TO BE CONTRARY TO COMMUNITY LAW A CONVICTION IN THOSE PROCEEDINGS IS ALSO INCOMPATIBLE WITH THAT LAW .