Keywords
Summary

Keywords

1 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - AGREEMENT ON FISHERIES BETWEEN THE EEC AND SPAIN - SUBSTITUTION FOR PRIOR INTERNATIONAL COMMITMENTS BETWEEN CERTAIN MEMBER STATES AND SPAIN - EFFECTS - ENFORCEABILITY AGAINST SPANISH FISHERMEN OF THE INTERIM COMMUNITY REGIME

( AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 ; COUNCIL REGULATION NO 1569/81 )

2 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY RULES APPLICABLE TO SPANISH VESSELS LAID DOWN BEFORE THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE EEC AND SPAIN - SUBSTITUTION FOR PRIOR INTERNATIONAL COMMITMENTS BETWEEN CERTAIN MEMBER STATES AND SPAIN - EFFECTS - ENFORCEABILITY AGAINST SPANISH FISHERMEN OF THE INTERIM COMMUNITY REGIME

( COUNCIL REGULATION NO 554/81 ; AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 )

3 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY RULES APPLICABLE TO SPANISH VESSELS - SYSTEM OF LICENCES - DISCRIMINATION AGAINST SPANISH FISHERMEN - ABSENCE

( COUNCIL REGULATIONS NOS 554/81 AND 1569/81 )

Summary

1 . SINCE THE AGREEMENT ON FISHERIES BETWEEN THE EEC AND SPAIN HAS SUPERSEDED THE PRIOR INTERNATIONAL OBLIGATIONS WHICH EXISTED IN THIS FIELD BETWEEN FRANCE AND SPAIN , SPANISH FISHERMEN MAY NOT RELY ON SUCH OBLIGATIONS IN ORDER TO PREVENT THE APPLICATION OF THE REGIME ESTABLISHED BY THE AGREEMENT .

2 . SINCE THE COUNCIL REGULATIONS ESTABLISHED FOR SHORT PERIODS , PENDING THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE EEC AND SPAIN , INTERIM PROVISIONS PRESCRIBING CATCH QUOTAS FOR SPANISH FISHERMEN SUCH REGULATIONS ARE ENFORCEABLE AGAINST THEM AND THE VALIDITY OF THE REGULATIONS MAY NOT BE CHALLENGED ON THE BASIS OF PRIOR INTERNATIONAL AGREEMENTS ENTERED INTO BETWEEN FRANCE AND SPAIN .

3 . A SITUATION IN WHICH BOTH SPANISH FISHERMEN AND FISHERMEN OF MEMBER STATES MUST COMPLY WITH A SYSTEM OF CATCH QUOTAS MAY NOT BE CLASSIFIED AS DISCRIMINATORY EVEN THOUGH THE MANNER OF VERIFYING CATCHES IS DIFFERENT . VERIFICATION BY THE USE OF LICENSING SYSTEM , AS PRESCRIBED IN REGULATIONS NOS 554/81 AND 1569/81 , IS INTENDED TO ENSURE THAT THE CATCH QUOTAS LAID DOWN FOR THE FISHING VESSELS OF NON-MEMBER COUNTRIES ARE COMPLIED WITH SINCE , IN THE CASE OF SUCH VESSELS , NO CHECKS CAN BE CARRIED OUT IN THE ADJACENT COASTAL PORTS AS THOSE VESSELS NORMALLY RETURN TO THEIR PORTS OF ORIGIN TO LAND THEIR CATCHES .