Albert Romkes v Officier van Justitie for the District of Zwolle.
Date: 1987-06-16
6 ON THAT BASIS REGULATIONS DETERMINING THE TACS FOR SPECIES OF FISH REQUIRING CONSERVATION AND DISTRIBUTING THE VOLUME OF CATCHES AVAILABLE TO THE COMMUNITY BETWEEN THE MEMBER STATES HAVE BEEN ADOPTED EACH YEAR SINCE 1983 . ONE OF THOSE REGULATIONS IS REGULATION NO 1/85 WHICH RELATES TO 1985 . A COMPARISON OF THOSE VARIOUS REGULATIONS SHOWS THAT EACH YEAR THE MEMBER STATES HAVE RECEIVED THE SAME PERCENTAGE OF THE VOLUME OF AVAILABLE CATCHES FOR EACH SPECIES OF FISH . THOSE PERCENTAGES WERE FIRST LAID DOWN IN COUNCIL REGULATION NO 172/83 OF 25 JANUARY 1983 ( OFFICIAL JOURNAL 1983, L 24, P . 30 ), WHICH RETROACTIVELY DETERMINED THE DISTRIBUTION OF THE VOLUME OF CATCHES AVAILABLE TO THE COMMUNITY FOR 1982 . IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT THOSE PERCENTAGES WERE CALCULATED BY TAKING INTO ACCOUNT THE AVERAGE QUANTITIES CAUGHT BY THE FLEETS OF THE VARIOUS MEMBER STATES DURING THE PERIOD 1973 TO 1978 . HOWEVER, IT APPEARS FROM ARTICLE 4 ( 2 ) OF REGULATION NO 170/83 THAT THE COUNCIL, ACTING IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 OF THE TREATY, MUST ENACT PROVISIONS EFFECTING THE ADJUSTMENTS WHICH MAY PROVE NECESSARY IN THE LIGHT OF THE REPORT WHICH ARTICLE 8 OF THE SAME REGULATION REQUIRES THE COMMISSION TO DRAW UP BEFORE 31 DECEMBER 1991 .
16 IT SHOULD BE BORNE IN MIND IN THIS REGARD THAT, AS THE COURT HELD IN ITS JUDGMENT OF 17 DECEMBER 1970 IN CASE 25/70 EINFUHR - UND VORRATSSTELLE FUER GETREIDE UND FUTTERMITTEL V KOESTER, BERODT & CO (( 1970 )) ECR 1161, THE COUNCIL CANNOT BE REQUIRED TO DRAW UP ALL THE DETAILS OF THE REGULATIONS CONCERNING THE COMMON AGRICULTURAL POLICY ACCORDING TO THE PROCEDURE LAID DOWN IN ARTICLE 43 OF THE TREATY; IT IS SUFFICIENT FOR THE PURPOSES OF THAT PROVISION THAT THE BASIC ELEMENTS OF THE MATTER TO BE DEALT WITH HAVE BEEN ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN BY THAT PROVISION; THE PROVISIONS IMPLEMENTING THE BASIC REGULATIONS MAY BE ADOPTED BY THE COUNCIL ACCORDING TO A PROCEDURE DIFFERENT FROM THAT LAID DOWN IN ARTICLE 43 OF THE TREATY, AS IS PROVIDED FOR IN ARTICLE 11 OF REGULATION NO 170/83 . NEVERTHELESS, AN IMPLEMENTING REGULATION, LIKE REGULATION NO 1/85, ADOPTED WITHOUT CONSULTATION OF THE EUROPEAN PARLIAMENT, MUST RESPECT THE BASIC ELEMENTS LAID DOWN IN THE BASIC REGULATION, IN THIS CASE REGULATION NO 170/83, AFTER CONSULTATION OF THE EUROPEAN PARLIAMENT .
17 AS REGARDS THE QUESTION WHETHER THE ALLOCATION EFFECTED BY REGULATION NO 1/85 IS COMPATIBLE WITH THE REQUIREMENT OF RELATIVE STABILITY LAID DOWN IN REGULATION NO 170/83, IT SHOULD BE POINTED OUT FIRST OF ALL THAT, IN THE CASE OF CATCH RESTRICTIONS, ARTICLE 4 ( 1 ) OF REGULATION NO 170/83 PROVIDES THAT THE VOLUME OF THE CATCHES AVAILABLE TO THE COMMUNITY IS TO BE DISTRIBUTED BETWEEN THE MEMBER STATES . THAT VOLUME IS THEREFORE TO BE ADMINISTERED ON THE BASIS OF NATIONAL QUOTAS . ARTICLE 4 ( 1 ) FURTHER PROVIDES THAT IT MUST BE DISTRIBUTED "IN A MANNER WHICH ASSURES EACH MEMBER STATE RELATIVE STABILITY OF FISHING ACTIVITIES FOR EACH OF THE STOCKS CONSIDERED ". THAT REQUIREMENT OF RELATIVE STABILITY MUST BE UNDERSTOOD AS MEANING THAT IN THAT DISTRIBUTION EACH MEMBER STATE IS TO RETAIN A FIXED PERCENTAGE . IN SPECIFYING THAT PROVISIONS EFFECTING THE ADJUSTMENTS THAT IT MAY PROVE NECESSARY TO MAKE TO THE DISTRIBUTION OF THE RESOURCES AMONG MEMBER STATES ARE TO BE ENACTED BY THE COUNCIL IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 OF THE TREATY, ARTICLE 4 ( 2 ) SHOWS THAT THE DISTRIBUTION FORMULA ORIGINALLY LAID DOWN UNDER ARTICLE 4 ( 1 ) ON THE BASIS OF ARTICLE 11 IS TO CONTINUE TO APPLY UNTIL AN AMENDING REGULATION IS ADOPTED IN ACCORDANCE WITH THE PROCEDURE FOLLOWED FOR REGULATION NO 170/83 .
24 FINALLY, AS REGARDS THE COMPATIBILITY OF REGULATION NO 1/85 WITH ARTICLE 30 OF THE TREATY, IT SHOULD BE POINTED OUT THAT, IN ITS JUDGMENT OF 14 JULY 1976 IN JOINED CASES 3, 4 AND 6/76 KRAMER (( 1976 )) ECR 1279, THE COURT HELD THAT NATIONAL MEASURES RESTRICTING THE QUANTITIES OF FISH CAUGHT DO NOT CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON THE GROUND THAT, EVEN IF SUCH NATIONAL MEASURES HAVE THE EFFECT, IN THE SHORT TERM, OF REDUCING THE QUANTITIES OF FISH THAT THE MEMBER STATES ARE ABLE TO EXCHANGE BETWEEN THEMSELVES, THEIR PURPOSE IN THE LONG TERM IS TO ENSURE AN OPTIMUM YIELD FROM FISHING AND THEREFORE TO INCREASE SUCH EXCHANGES . CONSEQUENTLY, IT IS SUFFICIENT TO STATE THAT MEASURES OF THE KIND AT ISSUE IN THIS CASE DO NOT IN ANY EVENT FALL WITHIN THE SCOPE OF ARTICLE 30 OF THE TREATY, WITHOUT THERE BEING ANY NEED TO EXAMINE WHETHER ARTICLE 30 OF THE TREATY IS APPLICABLE TO MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS .