Keywords
Summary

Keywords

1 . FISHING - CONSERVATION OF THE RESOURCES OF THE SEA - POWERS OF THE EEC - NOT EXERCISED - INTERIM POWERS OF THE MEMBER STATES - PERIOD LAID DOWN IN ARTICLE 102 OF THE ACT OF ACCESSION - DATE OF EXPIRY

( ACT OF ACCESSION , ART . 102 )

2 . COMMUNITY LAW - PRINCIPLES - EQUALITY OF TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - CONCEPT - NATIONAL MEASURES APPLICABLE TO ALL WHO ARE SUBJECT TO THE JURISDICTION OF A MEMBER STATE - EXCLUSION

( EEC TREATY , ART . 7 )

Summary

1 . THE TRANSITIONAL PERIOD REFERRED TO IN ARTICLE 102 OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES EXPIRED ON 31 DECEMBER 1978 . SINCE THE COUNCIL HAD NOT IMPLEMENTED PRIOR TO THAT DATE THE PROTECTIVE MEASURES ENVISAGED BY THAT PROVISION , MEMBER STATES HAD , DURING THE YEAR 1978 , THE RIGHT AND THE DUTY TO ADOPT , WITHIN THEIR RESPECTIVE SPHERES OF JURISDICTION , ANY MEASURES COMPATIBLE WITH COMMUNITY LAW TO PROTECT THE BIOLOGICAL RESOURCES OF THE SEA AND , IN PARTICULAR , TO FIX FISHING QUOTAS FOR THE UNDERTAKINGS AND FISHERMEN SUBJECT TO THEIR CONTROL .

2 . THE APPLICATION BY A MEMBER STATE OF RULES WHICH , WHILST COMPATIBLE WITH COMMUNITY LAW , ARE MORE STRICT THAN THOSE APPLIED IN THE SAME SPHERE BY OTHER MEMBER STATES IS NOT CONTRARY TO THE PRINCIPLE OF NON-DISCRIMINATION ENSHRINED IN ARTICLE 7 OF THE TREATY , SO LONG AS SUCH RULES ARE APPLIED EQUALLY TO ALL WHO ARE SUBJECT TO THE JURISDICTION OF THAT MEMBER STATE . THUS NATIONAL RULES FIXING FISHING QUOTAS ARE NOT TO BE CONSIDERED AS DISCRIMINATORY IF THEY ARE APPLIED UNIFORMLY TO ALL THE FISHERMEN UNDER THE JURISDICTION OF THE MEMBER STATE CONCERNED .