Keywords
Summary

Keywords

1 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION - EXPIRATION - SOLE POWER OF THE COMMUNITY - FAILURE TO EXERCISE - EFFECTS - RESTORATION OF POWER TO THE MEMBER STATES - NOT PERMISSIBLE

( ACT OF ACCESSION , ART . 102 )

2 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - POWERS OF THE EEC - FAILURE TO EXERCISE - EFFECTS - CONSERVATION MEASURES AS THEY EXISTED AT THE END OF THE PERIOD PRESCRIBED IN ARTICLE 102 OF THE ACT OF ACCESSION - MAINTENANCE - AMENDMENT BY THE MEMBER STATES - CONDITIONS - AVAILABLE ELEMENTS OF LAW - STRUCTURAL PRINCIPLES OF THE COMMUNITY

3 . MEMBER STATES - OBLIGATIONS - INITIATIVE OF THE COMMISSION - DUTIES OF MEMBER STATES - DUTIES OF ACTION AND ABSTENTION

( EEC TREATY , ART . 5 )

4 . FISHERIES - FISH STOCKS COMING WITHIN THE JURISDICTION OF THE MEMBER STATES - EQUALITY OF ACCESS FOR FISHERMEN OF THE COMMUNITY - IMPLEMENTATION - SOLE POWER OF THE COUNCIL - UNILATERAL ACTION BY MEMBER STATES - NOT PERMISSIBLE

( EEC TREATY , ART . 7 , AND THIRD SUBPARAGRAPH OF ART . 43 ( 2 ); ACT OF ACCESSION , ART . 102 )

5 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - CONSERVATION MEASURES AS THEY EXISTED AT THE END OF THE PERIOD PRESCRIBED IN ARTICLE 102 OF THE ACT OF ACCESSION - AMENDMENT BY THE MEMBER STATES - OBLIGATION TO CONSULT THE COMMISSION AND ABIDE BY ITS VIEWS

( ACT OF ACCESSION , ART . 102 ; COUNCIL DECISION OF 25 JUNE 1979 )

6 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - CONSERVATION MEASURES AS THEY EXISTED AT THE END OF THE PERIOD PRESCRIBED IN ARTICLE 102 OF THE ACT OF ACCESSION - AMENDMENT BY THE MEMBER STATES - OBLIGATION TO CONSULT THE COMMISSION - PROCEDURE

( EEC TREATY , ART . 155 ; RESOLUTION OF THE COUNCIL OF 3 NOVEMBER 1976 , ANNEX VI ; COUNCIL DECISION OF 25 JUNE 1979 )

Summary

1 . SINCE THE EXPIRATION ON 1 JANUARY 1979 OF THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION , POWER TO ADOPT , AS PART OF THE COMMON FISHERIES POLICY , MEASURES RELATING TO THE CONSERVATION OF THE RESOURCES OF THE SEA HAS BELONGED FULLY AND DEFINITIVELY TO THE COMMUNITY . MEMBER STATES ARE THEREFORE NO LONGER ENTITLED TO EXERCISE ANY POWER OF THEIR OWN IN THE MATTER OF CONSERVATION MEASURES IN THE WATERS UNDER THEIR JURISDICTION . THE ADOPTION OF SUCH MEASURES , WITH THE RESTRICTIONS WHICH THEY IMPLY AS REGARDS FISHING ACTIVITIES , IS A MATTER , AS FROM THAT DATE , OF COMMUNITY LAW .

THE TRANSFER TO THE COMMUNITY OF POWERS IN THIS MATTER BEING TOTAL AND DEFINITIVE , THE FACT THAT THE COUNCIL HAS NOT ADOPTED , WITHIN THE REQUIRED PERIOD , THE CONSERVATION MEASURES REFERRED TO BY ARTICLE 102 OF THE ACT OF ACCESSION COULD NOT IN ANY CASE RESTORE TO THE MEMBER STATES THE POWER AND FREEDOM TO ACT UNILATERALLY IN THIS FIELD .

2 . IN THE ABSENCE OF PROVISIONS ADOPTED BY THE COUNCIL IN ACCORDANCE WITH THE FORMS AND PROCEDURES PRESCRIBED BY THE EEC TREATY THE CONSERVATION MEASURES AS THEY EXISTED AT THE END OF THE PERIOD REFERRED TO IN ARTICLE 102 OF THE ACT OF ACCESSION ARE MAINTAINED IN THE STATE IN WHICH THEY WERE AT THE TIME OF THE EXPIRATION OF THE TRANSITIONAL PERIOD LAID DOWN BY THAT PROVISION . HOWEVER , IT IS NOT POSSIBLE TO EXTEND THAT IDEA TO THE POINT OF MAKING IT ENTIRELY IMPOSSIBLE FOR THE MEMBER STATES TO AMEND THE EXISTING CONSERVATION MEASURES IN CASE OF NEED OWING TO THE DEVELOPMENT OF THE RELEVANT BIOLOGICAL AND TECHNOLOGICAL FACTS IN THIS SPHERE . SUCH AMENDMENTS , OF A LIMITED SCOPE , COULD NOT INVOLVE A NEW CONSERVATION POLICY ON THE PART OF A MEMBER STATE SINCE THE POWER TO LAY DOWN SUCH A POLICY BELONGS HENCEFORTH TO THE COMMUNITY INSTITUTIONS . HAVING REGARD TO THE SITUATION CREATED BY THE INACTION OF THE COUNCIL , THE CONDITIONS IN WHICH SUCH MEASURES MAY BE ADOPTED MUST BE DEFINED BY MEANS OF ALL THE AVAILABLE ELEMENTS OF LAW AND BY HAVING REGARD TO THE STRUCTURAL PRINCIPLES ON WHICH THE COMMUNITY IS FOUNDED . THESE PRINCIPLES REQUIRE THE COMMUNITY TO RETAIN IN ALL CIRCUMSTANCES ITS CAPACITY TO COMPLY WITH ITS RESPONSIBILITIES , SUBJECT TO THE OBSERVANCE OF THE ESSENTIAL BALANCES INTENDED BY THE TREATY .

3 . ARTICLE 5 OF THE EEC TREATY IMPOSES ON MEMBER STATES SPECIAL DUTIES OF ACTION AND ABSTENTION IN A SITUATION IN WHICH THE COMMISSION , IN ORDER TO MEET URGENT NEEDS OF CONSERVATION OF RESOURCES IN FISH , SUBMITTED TO THE COUNCIL PROPOSALS WHICH , ALTHOUGH THEY WERE NOT ADOPTED BY THE COUNCIL , REPRESENT THE POINT OF DEPARTURE FOR CONCERTED COMMUNITY ACTION .

4 . IN PURSUANCE OF ARTICLE 7 OF THE EEC TREATY COMMUNITY FISHERMEN MUST HAVE , SUBJECT TO EXCEPTIONS DULY PRESCRIBED , EQUAL ACCESS TO THE FISH STOCKS COMING WITHIN THE JURISDICTION OF THE MEMBER STATES . THE COUNCIL ALONE HAS THE POWER TO DETERMINE THE DETAILED CONDITIONS OF SUCH ACCESS IN ACCORDANCE WITH THE PROCEDURES LAID DOWN BY THE THIRD SUBPARAGRAPH OF ARTICLE 43 ( 2 ) OF THE TREATY AND ARTICLE 102 OF THE ACT OF ACCESSION . THIS LEGAL SITUATION CANNOT BE MODIFIED BY MEASURES ADOPTED UNILATERALLY BY THE MEMBER STATES .

5 . IN A SITUATION CHARACTERIZED BY THE INACTION OF THE COUNCIL AND BY THE MAINTENANCE , IN PRINCIPLE , OF THE CONSERVATION MEASURES IN FORCE AT THE EXPIRATION OF THE PERIOD LAID DOWN IN ARTICLE 102 OF THE ACT OF ACCESSION , THE COUNCIL DECISION OF 25 JUNE 1979 AND THE PARALLEL DECISIONS , AS WELL AS THE REQUIREMENTS INHERENT IN THE SAFEGUARD BY THE COMMUNITY OF THE COMMON INTEREST AND THE INTEGRITY OF ITS OWN POWERS , IMPOSE UPON MEMBER STATES NOT ONLY AN OBLIGATION TO UNDERTAKE DETAILED CONSULTATIONS WITH THE COMMISSION AND TO SEEK ITS APPROVAL IN GOOD FAITH BUT ALSO A DUTY NOT TO LAY DOWN NATIONAL CONSERVATION MEASURES IN SPITE OF OBJECTIONS , RESERVATIONS OR CONDITIONS WHICH MIGHT BE FORMULATED BY THE COMMISSION .

6 . IN ORDER TO MEET THE REQUIREMENTS OF THE DECISIONS OF THE COUNCIL AND OF THE PROCEDURE FIXED BY THE HAGUE RESOLUTION THE CONSULTATION TO BE ENGAGED IN BY THE GOVERNMENT OF A MEMBER STATE MUST , PRIOR TO THE ADOPTION OF CONSERVATION MEASURES , ALLOW THE COMMISSION TO WEIGH UP ALL THE IMPLICATIONS OF THE PROVISIONS PROPOSED AND TO EXERCISE PROPERLY THE DUTY OF SUPERVISION DEVOLVING UPON IT IN PURSUANCE OF ARTICLE 155 OF THE EEC TREATY .