61982J0013

FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY RULES APPLICABLE TO SPANISH VESSELS LAID DOWN BEFORE THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE EEC AND SPAIN - SUBSTITUTION FOR PRIOR INTERNATIONAL COMMITMENTS BETWEEN CERTAIN MEMBER STATES AND SPAIN - EFFECTS - ENFORCEABILITY AGAINST SPANISH FISHERMEN OF THE INTERIM COMMUNITY REGIME

( COUNCIL REGULATIONS NOS 1177/79 , 2897/79 , 541/80 , 1719/80 , 3305/80 AND 554/81 ; AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 )

THE INTERIM FISHERIES REGIME ESTABLISHED BY THE COMMUNITY PENDING THE ENTRY INTO FORCE OF THE AGREEMENT ON FISHERIES BETWEEN THE EEC AND SPAIN FALLS WITHIN THE FRAMEWORK OF THE RELATIONS ESTABLISHED BETWEEN IT AND SPAIN IN ORDER TO RESOLVE THE PROBLEMS INHERENT IN CONSERVATION MEASURES AND THE EXTENSION OF FISHERY ZONES AND IN ORDER TO ENSURE RECIPROCAL ACCESS BY FISHERMEN TO THE WATERS SUBJECT TO SUCH MEASURES . THOSE RELATIONS WERE SUBSTITUTED FOR THE REGIME WHICH PREVIOUSLY APPLIED IN THOSE ZONES 1IN ORDER TO TAKE ACCOUNT OF THE GENERAL DEVELOPMENT OF INTERNATIONAL LAW IN RELATION TO FISHING ON THE HIGH SEAS AND THE INCREASINGLY URGENT NEED TO CONSERVE THE LIVING RESOURCES OF THE SEA . IT FOLLOWS THAT SPANISH FISHERMEN MAY NOT RELY ON PRIOR INTERNATIONAL COMMITMENTS AS BETWEEN FRANCE AND SPAIN IN ORDER TO PREVENT THE APPLICATION OF THE INTERIM REGULATIONS ADOPTED BY THE COMMUNITY IN THE EVENT OF ANY INCOMPATIBILITY BETWEEN THE TWO CATEGORIES OF PROVISIONS .

IN JOINED CASES 13 TO 28/82

REFERENCES TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR D ' APPEL ( COURT OF APPEAL ), RENNES , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

JOSE ARANTZAMENDI-OSA , ONDARROA , SPAIN , AND OTHERS

AND

PROCUREUR DE LA REPUBLIQUE ( PUBLIC PROSECUTOR AT THE TRIBUNAL DE GRANDE INSTANCE ) AND PROCUREUR GENERAL ( PUBLIC PROSECUTOR AT THE COUR D ' APPEL )

ON THE VALIDITY OF REGULATIONS OF THE COUNCIL LAYING DOWN CERTAIN TEMPORARY MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO VESSELS FLYING THE FLAG OF SPAIN ,

1 BY JUDGMENTS OF 3 DECEMBER 1981 , WHICH WERE RECEIVED AT THE COURT ON 14 JANUARY 1982 THE COUR D ' APPEL ( COURT OF APPEAL ), RENNES , REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION AS TO WHETHER , HAVING REGARD TO PRIOR INTERNATIONAL OBLIGATIONS , REGULATIONS OF THE COMMUNITIES LAYING DOWN CERTAIN INTERIM MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO VESSELS FLYING THE FLAG OF SPAIN ARE VALID , IN SO FAR AS THEY HAVE LAID DOWN CERTAIN CONDITIONS FOR FISHING OPERATIONS CARRIED OUT BY SPANISH NATIONALS IN THE ECONOMIC ZONE ESTABLISHED BY FRENCH DECREE NO 77-130 OF 11 FEBRUARY 1977 ( JOURNAL OFFICIEL DE LA REPUBLIQUE FRANCAISE OF 12 FEBRUARY 1977 , P . 864 ) AND WHETHER , IF VALID , THOSE REGULATIONS ARE ENFORCEABLE AGAINST SPANISH NATIONALS .

2 THE QUESTION WAS RAISED IN CRIMINAL PROCEEDINGS AGAINST CERTAIN MASTERS OF FISHING VESSELS REGISTERED IN SPAIN , WHO WERE FINED BY THE TRIBUNAL DE GRANDE INSTANCE ( REGIONAL COURT ), LORIENT , AND BY THE TRIBUNAL DE GRANDE INSTANCE , QUIMPER , FOR FISHING IN WATERS WITHIN THE FRENCH ECONOMIC ZONE WITHOUT BEING IN POSSESSION OF A FISHING LICENCE .

3 THE DEFENDANTS IN THE MAIN PROCEEDINGS WERE DISCOVERED FISHING IN THE ZONE BETWEEN 12 AND 200 NAUTICAL MILES FROM THE BASELINE ON VARIOUS DATES DURING THE PERIOD BETWEEN 14 JANUARY 1980 AND 14 FEBRUARY 1981 .

4 THE TRIBUNAL DE GRANDE INSTANCE , LORIENT , AND THE TRIBUNAL DE GRANDE INSTANCE , QUIMPER , IMPOSED FINES ON THE DEFENDANTS , HAVING FOUND THAT THEY WERE UNABLE TO PRODUCE THE LICENCE REQUIRED BY THE COMMUNITY REGULATIONS AND THAT IN THOSE CIRCUMSTANCES THE FISHING IN WHICH THEY HAD ENGAGED CONSTITUTED AN OFFENCE CREATED AND PUNISHED BY FRENCH CRIMINAL LEGISLATION .

5 BEFORE THE COUR D ' APPEL THE DEFENDANTS CHALLENGED THE VALIDITY OF THE COMMUNITY REGULATIONS , WHICH RENDER FISHING BY VESSELS FLYING THE FLAG OF SPAIN CONDITIONAL UPON HOLDING A LICENCE , ON THE GROUND THAT THEIR FISHING RIGHTS ARE RECOGNIZED BY VIRTUE OF INTERNATIONAL OBLIGATIONS PREVIOUSLY ENTERED INTO BETWEEN FRANCE AND SPAIN .

6 FOR THE YEAR 1980 THE COUNCIL FIRST OF ALL EXTENDED UNTIL 31 JANUARY 1980 THE PERIOD OF THE VALIDITY OF FISHING LICENCES ISSUED PURSUANT TO REGULATION ( EEC ) NO 1177/79 OF 12 JUNE 1979 LAYING DOWN FOR 1979 CERTAIN MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO VESSELS FLYING THE FLAG OF SPAIN ( OFFICIAL JOURNAL L 151 , P . 1 ). THAT EXTENSION WAS LAID DOWN IN REGULATION ( EEC ) NO 2897/79 OF 18 DECEMBER 1979 ( OFFICIAL JOURNAL L 362 , P . 2 ). NEW INTERIM MEASURES FOR CONSERVATION AND MANAGEMENT APPLICABLE TO SPANISH VESSELS WERE LAID DOWN FOR THE YEAR 1980 BY COUNCIL REGULATIONS ( EEC ) NO 541/80 AND NO 1719/80 OF 3 MARCH 1980 AND OF 30 JUNE 1980 RESPECTIVELY ( OFFICIAL JOURNAL L 60 , P . 1 AND OFFICIAL JOURNAL L 168 , P . 27 ).

7 FOR THE YEAR 1981 THE COUNCIL FIRST OF ALL EXTENDED UNTIL 31 JANUARY 1981 THE PERIOD OF THE VALIDITY OF FISHING LICENCES ISSUED TO SPANISH FISHERMEN PURSUANT TO REGULATION NO 1719/80 . THAT EXTENSION WAS LAID DOWN IN REGULATION NO 3305/80 OF 17 DECEMBER 1980 ( OFFICIAL JOURNAL L 344 , P . 33 ). REGULATION NO 554/81 OF 27 FEBRUARY 1981 ( OFFICIAL JOURNAL L 57 , P . 1 ) LAYS DOWN NEW INTERIM MEASURES FOR CONSERVATION AND MANAGEMENT APPLICABLE TO SPANISH VESSELS FOR THE PERIOD UP TO 31 MAY 1981 . THAT REGULATION ENTERED INTO FORCE ON 4 MARCH 1981 .

8 THE REGULATIONS CITED ABOVE FORM PART OF A SERIES OF COUNCIL REGULATIONS WHICH , PENDING THE ENTRY INTO FORCE OF THE AGREEMENT ON FISHERIES BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF SPAIN OF 15 APRIL 1980 ( OFFICIAL JOURNAL L 263 , P . 1 ), ESTABLISHED FOR SHORT PERIODS INTERIM PROVISIONS PRESCRIBING CATCH QUOTAS FOR SPANISH FISHERMEN .

9 THE COURT HAS ALREADY FOUND , IN ITS JUDGMENT OF 8 DECEMBER 1981 ( CRUJEIRAS TOME AND YURRITA , JOINED CASES 180/80 AND 266/80 ( 1981 ) ECR 2997 ), THAT THAT INTERIM REGIME ESTABLISHED BY THE COMMUNITY FALLS WITHIN THE FRAMEWORK OF THE RELATIONS ESTABLISHED BETWEEN IT AND SPAIN IN ORDER TO RESOLVE THE PROBLEMS INHERENT IN CONSERVATION MEASURES AND THE EXTENSION OF FISHERY ZONES AND IN ORDER TO ENSURE RECIPROCAL ACCESS BY FISHERMEN TO THE WATERS SUBJECT TO SUCH MEASURES AND THAT THOSE RELATIONS WERE SUBSTITUTED FOR THE REGIME WHICH PREVIOUSLY APPLIED IN THOSE ZONES IN ORDER TO TAKE ACCOUNT OF THE GENERAL DEVELOPMENT OF INTERNATIONAL LAW IN RELATION TO FISHING ON THE HIGH SEAS AND THE INCREASINGLY URGENT NEED TO CONSERVE THE LIVING RESOURCES OF THE SEA .

10 ACCORDINGLY THE PROVISIONS OF THE REGULATIONS AT ISSUE WERE PART OF THE PROGRESSIVE CREATION OF NEW RECIPROCAL RELATIONS BETWEEN THE COMMUNITY AND SPAIN IN THE FIELD OF SEA-FISHING WHICH WERE SUBSTITUTED FOR THE REGIME PREVIOUSLY APPLICABLE TO FISHING ON THE HIGH SEAS . IN THESE CIRCUMSTANCES SPANISH FISHERMEN MAY NOT RELY ON PRIOR INTERNATIONAL COMMITMENTS AS BETWEEN FRANCE AND SPAIN IN ORDER TO PREVENT THE APPLICATION OF THE INTERIM REGULATIONS ADOPTED BY THE COMMUNITY IN THE EVENT OF ANY INCOMPATIBILITY BETWEEN THE TWO CATEGORIES OF PROVISIONS .

11 CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATIONS NO 1177/79 , NO 2897/79 , NO 541/80 , NO 1719/80 , NO 3305/80 AND NO 554/81 . THE PROVISIONS OF THOSE REGULATIONS ARE ENFORCEABLE AGAINST SPANISH NATIONALS .

COSTS

12 THE COSTS INCURRED BY THE FRENCH GOVERNMENT AND BY THE COUNCIL AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE PROCEEDINGS PENDING BEFORE THE NATIONAL COURT THE DECISION ON COSTS IS A MATTER FOR THAT COURT .

ON THOSE GROUNDS ,

THE COURT ( FIRST CHAMBER )

IN ANSWER TO THE QUESTION SUBMITTED TO IT BY THE COUR D ' APPEL , RENNES , BY JUDGMENTS OF 3 DECEMBER 1981 , HEREBY RULES :

CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF COUNCIL REGULATIONS ( EEC ) NO 1177/79 OF 12 JUNE 1979 ( OFFICIAL JOURNAL L 151 , P . 1 ), NO 2897/79 OF 18 DECEMBER 1979 ( OFFICIAL JOURNAL L 362 , P . 2 ), NO 541/80 OF 3 MARCH 1980 ( OFFICIAL JOURNAL L 60 , P . 1 ), NO 1719/80 OF 30 JUNE 1980 ( OFFICIAL JOURNAL L 168 , P . 27 ), NO 3305/80 OF 17 DECEMBER 1980 ( OFFICIAL JOURNAL L 344 , P . 33 ) AND NO 554/81 OF 27 FEBRUARY 1981 ( OFFICIAL JOURNAL L 57 , P . 1 ). THE PROVISIONS OF THOSE REGULATIONS ARE ENFORCEABLE AGAINST SPANISH NATIONALS .