Keywords
Summary

Keywords

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1. Fisheries ° Common structural policy ° Conservation of the resources of the sea ° System of fishing quotas ° Rules of a Member State on the use of its quotas ° Grant of licences ° Conditions obliging the masters of vessels flying the flag of that Member State to report by radio their movement from one fishing area to another ° Whether permissible ° Discrimination on grounds of nationality ° None

(EEC Treaty, Art. 7; Council Regulation No 101/76, Art. 2(1))

2. Fisheries ° Conservation of the resources of the sea ° System of fishing quotas ° Control measures ° Measures adopted by a Member State to ensure compliance with rules concerning the use of its quotas ° Obligation to notify the Commission ° Breach ° No effect on the validity of the measure

(Council Regulation No 2241/76, Art. 15)

Summary

1. Article 7 of the Treaty and Article 2(1) of Regulation No 101/76, which lays down, as regards the fishing activities of vessels of the Member States in Community waters, the principle of equal conditions of access to and use of Community waters, must, in view of the introduction of a system of national quotas and the latitude allowed to Member States to set up national control measures which go beyond the minimum requirements of the Community regulation, provided that they they are in conformity with quotas and remain proportionate to their objective, be interpreted as meaning that a Member State which makes access to its fishing quotas subject to the grant of a licence is not precluded from including in such a licence a provision requiring the master of a vessel flying the flag of that State to report by radio his intention to cross from one ICES area to another, even though that condition does not apply to vessels flying the flag of other Member States fishing for the same species in the same areas.

2. Under Article 15 of Regulation No 2241/87 establishing certain control measures for fishing activities, Member States are required to notify to the Commission a condition inserted in licences giving authorization to fish against their quotas which they grant to vessels flying their flag. However, failure to notify a national control measure such as the condition described above does not affect its validity under Community law; the notification requirement, which may be satisfied after the measure is adopted, was laid down for the purposes of information only.