CELEX: C2003/135/21
Language: en
Date: 2003-06-07 00:00:00
Title: Case C-143/03: Action brought on 28 March 2003 by the Commission of the European Communities against the Italian Republic

7.6.2003                 EN                       Official Journal of the European Union                                           C 135/15
Action brought on 28 March 2003 by the Commission of                      2003 by the Commission of the European Communities,
 the European Communities against the Italian Republic                    represented by T. van Rijn, acting as Agent.
                           (Case C-143/03)
                                                                          The applicant claims that the Court should:
                           (2003/C 135/21)
                                                                          —     declare that, by
An action against the Italian Republic was brought before the                   1.    failing to adopt adequate provisions governing the
Court of Justice of the European Communities on 28 March                              utilisation of the quotas allocated to Belgium for the
2003 by the Commission of the European Communities,                                   fishing years 1991 to 1996,
represented by Luca Visaggio and Roberto Amorosi, acting as
Agents.
                                                                                2.    failing to ensure observance of the Community
                                                                                      legislation on the conservation of fishery resources
The applicant claims that the Court should:                                           by monitoring fishing activity and adequately moni-
                                                                                      toring the landing and recording of catches,
—     Declare that, by subjecting alkaline manganese batteries
      containing less than 0,0005 % of mercury by weight to a                   3.    failing to impose a provisional ban on fishing by
      marking system requiring, in particular, indication of the                      vessels flying its flag or registered in its territory
      presence of heavy metals, the Italian Republic has failed                       once the quota allocated to Belgium had to be
      to fulfil its obligations under Article 28 EC;                                  regarded as exhausted,
—     Order the Italian Republic to pay the costs.
                                                                                4.    failing to take penal or administrative measures
                                                                                      against the master or any other person responsible
                                                                                      for fishing after the entry into force of bans on
Pleas in law and main arguments                                                       fishing or in the absence of a quota,
                                                                                the Kingdom of Belgium has failed to fulfil its obligations
Alkaline manganese batteries containing less than 0,0005 %                      under Article 5(2) of Council Regulation (EEC) No 170/
of mercury by weight do not fall within the scope of                            83 ( 1) of 25 January 1983 establishing a Community
Council Directive 91/157/EEC on batteries and accumulators                      system for the conservation and management of fishery
containing certain dangerous substances.                                        resources, Article 9(2) of Council Regulation (EEC)
                                                                                No 3760/92 (2) of 20 December 1992 establishing a
                                                                                Community system for fisheries and aquaculture,
In the absence of harmonisation of national laws as regards                     Articles 1 and 11(1) and (2) of Council Regulation (EEC)
such goods, subjecting them to the marking requirement                          No 2241/87 ( 3) of 23 July 1987 establishing certain
provided for in Article 5(1) and (2) of Decree No 476/97                        control measures for fishing activities and Articles 2,
constitutes a barrier to the free movement of goods contrary                    21(1) and (2) and 31 of Council Regulation (EEC)
to Article 28 EC, there being no obvious overriding reason                      No 2847/93 ( 4) of 12 October 1993 establishing a control
relating to the public interest to justify its adoption.                        system applicable to the common fisheries policy;
                                                                          —     order the Kingdom of Belgium to pay the costs.
Action brought on 1 April 2003 by the Commission                          Pleas in law and main arguments
of the European Communities against the Kingdom of
                               Belgium
                           (Case C-149/03)                                Infringement of Article 5(2) of Regulation (EEC) No 170/83
                                                                          and Article 9(2) of Regulation (EEC) No 3760/92: under these
                                                                          provisions, the Member States are to lay down the criteria for
                           (2003/C 135/22)                                the distribution of the quotas allocated to them and detailed
                                                                          rules for the utilisation of those quotas. The Commission finds
                                                                          that, during the period 1991 to 1996, there was overfishing in
                                                                          respect of 22 fishery resources and that, in several cases, the
An action against the Kingdom of Belgium was brought before               quota was exceeded by more than 10 %, with the result that
the Court of Justice of the European Communities on 1 April               the Kingdom of Belgium has failed to fulfil its obligations.