Keywords
Summary

Keywords

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1. Fisheries ° Conservation of the resources of the sea ° Technical measures for conservation ° Prohibition on the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States ° Applicability of the prohibition to a vessel registered in a non-member country ° Existence of a genuine link with a Member State ° No effect

(Council Regulation (EEC) No 3094/86, Art. 6(1)(b))

2. Fisheries ° Conservation of the resources of the sea ° Technical measures for conservation ° Prohibition on the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States ° Vessel registered in a non-member country ° Crew members nationals of a Member State ° No effect

(Council Regulation (EEC) No 3094/86, Art. 6(1)(b))

3. Fisheries ° Conservation of the resources of the sea ° Technical measures for conservation ° Prohibition on the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States ° Areas covered with respect to vessels registered in a non-member country ° Exclusive economic zone or territorial waters of a Member State ° Excluded ° Inland waters or port of a Member State ° Included

4. Fisheries ° Conservation of the resources of the sea ° Technical measures for conservation ° Prohibition on the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States ° Confiscation of a cargo of salmon found on board in breach of the prohibition ° Applicability to a vessel registered in a non-member country belonging to a company established in that country ° Condition ° Presence of the vessel in the inland waters or a port of a Member State

(Council Regulation (EEC) No 3094/86, Art. 6(1)(b))

5. Fisheries ° Conservation of the resources of the sea ° Technical measures for conservation ° Prohibition on the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States ° Application in respect of vessels from non-member countries which have entered a port of a Member State owing to a situation of distress ° No Community legislation ° Determination by the national court in compliance with international law

(Council Regulation (EEC) No 3094/86, Art. 6(1)(b))

Summary

1. For the purpose of Article 6(1)(b) of Regulation No 3094/86 which prohibits, pursuant to certain technical measures for the conservation of fishery resources, the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States, a vessel registered in a non-member country may not be treated as a vessel with the nationality of a Member State on the ground that it has a genuine link with that Member State.

2. Article 6(1)(b) of Regulation No 3094/86 which prohibits, pursuant to certain technical measures for the conservation of fishery resources, the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States, may not be applied to the master and other crew members of a vessel registered in a non-member country qua nationals of a Member State, irrespective of the State in which the vessel is registered and the sea area in which the vessel is located.

3. Article 6(1)(b) of Regulation No 3094/86 which prohibits, pursuant to certain technical measures for the conservation of fishery resources, the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States, may not be applied to a vessel on the high seas, registered in a non-member country which is not a signatory to the Convention for the Conservation of Salmon in the North Atlantic. Nor may that provision be applied in respect of such a vessel sailing in the exclusive economic zone of a Member State or crossing the territorial waters of a Member State in so far as the vessel is exercising the right of innocent passage in those areas. Conversely, it may in principle be applied to such a vessel in the inland waters or in a port of a Member State.

4. The national court may in principle order the confiscation of a cargo of salmon caught in the areas referred to in Article 6(1)(b) of Regulation No 3094/86 prohibiting, pursuant to certain technical measures for the conservation of fishery resources, the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States, which is in transit in waters under Community jurisdiction and is kept aboard a vessel registered in a non-member country and belonging to a company established in that State, only when that vessel is in the inland waters or in a port of a Member State.

5. Community law contains no rules on compliance with the prohibition contained in Article 6(1)(b) of Regulation No 3094/86 which prohibits, pursuant to certain technical measures for the conservation of fishery resources, the transport and storage on board of salmon caught in certain areas not under the sovereignty or jurisdiction of the Member States, with respect to vessels from non-member countries which have entered a port of a Member State because they are in distress. It is for the national court to determine, in accordance with international law, the legal consequences flowing from such a situation.