Keywords
Summary

Keywords

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1. Member States - Obligations - Exercise of residual powers in the field of the registration of vessels - Compliance with Community law

2. Free movement of persons - Freedom of establishment - Registration of a fishing vessel in a Member State - Conditions relating to the nationality, residence and domicile of the owners, charterers and operators of the vessel - Unlawful - Power of derogation of the national authorities - Absence of effect - System of fishing quotas - Absence of effect - Condition relating to the location of place from which the vessel is managed and its operations directed and controlled - Lawful

(EEC Treaty, Art. 52)

Summary

1. As Community law stands at present, it is for the Member States to determine, in accordance with the rules of international law, the conditions which must be fulfilled in order for a vessel to be registered in their registers and granted the right to fly their flag, but, in exercising that power, the Member States must comply with the rules of Community law.

2. It is contrary to the provisions of Community law and, in particular, to Article 52 of the Treaty for a Member State to enact legislation stipulating as conditions for the registration of a fishing vessel in its national register:

(a) that the owners and the charterers, managers and operators of the vessel must be nationals of that Member State or companies incorporated in that Member State, and that, in the latter case, at least 75% of the shares in the company must be owned by nationals of that Member State or by companies fulfilling the same requirements and 75% of the directors of the company must be nationals of that Member State;

(b) that the said owners, charterers, managers, operators, shareholders and directors, as the case may be, must be resident and domiciled in that Member State.

Neither the existence of a Community system of national fishing quotas nor the fact that the competent minister of a Member State has the power to dispense with, inter alia, the nationality requirement in respect of an individual in view of the length of time such individual has resided in that Member State and has been involved in the fishing industry of that Member State makes such legislation compatible with Community law.

However, it is not contrary to Community law for a Member State to stipulate as a condition for the registration of a fishing vessel in its national register that the vessel in question must be managed and its operations directed and controlled from within that Member State.