Keywords
Summary

Keywords

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Fisheries - Conservation of marine resources - Measures for monitoring catches associated with the conservation policy - Not applicable to catches taken under agreements concluded between the Community and certain developing countries - Commission regulation extending to the waters of developing countries an obligation to make declarations imposed as part of the Community conservation system - Unlawful

( Council Regulations Nos 170/83 and 2241/87, Art . 10; Commission Regulation No 3151/87 )

Summary

Although the implementation of certain fisheries agreements concluded by the Community with non-member countries falls within the scope of the Community system for the conservation and management of fishery resources established by Council Regulation No 170/83, which served as the basis for the adoption of Council Regulation No 2241/87 establishing certain control measures for fishing activities , the position is different in the case of agreements concluded with developing countries . The latter agreements are based on the principle of financial compensation for the fishing rights obtained by the Community and the zones in respect of which they grant fishing rights are not subject to the Community system of total allowable catches and quotas; consequently the Community system for monitoring catches cannot apply in such zones .

It follows that the Commission was not entitled to rely on Article 10 of Regulation No 2241/87 to extend, as it did by means of Regulation No 3151/87, the application of certain provisions of that regulation concerning catch declarations to stocks not subject to total allowable catches or quotas caught by Community vessels in the maritime waters under the sovereignty or jurisdiction of developing countries under an agreement between the Community and one of those countries . Regulation No 3151/87 must therefore be declared void .