Keywords
Summary

Keywords

Fisheries — Conservation of the resources of the sea — National conservation measures — National legislation prohibiting on a temporary basis the landing of a specific species caught within the territorial waters of another Member State — Not permissible — (Council Regulations Nos 3760/92, Art. 10(1), and 850/98, Art. 46(1))

Summary

Community fisheries legislation precludes national legislation which prohibits, during a given period, the landing, on part of the coastline of the Member State concerned, of scallops caught within the territorial waters of another Member State. The measures which Member States are empowered to adopt for the conservation and management of fishery stocks, in accordance with Article 10(1), first and second indents, of Regulation No 3760/92 establishing a Community system for fisheries and aquaculture and Article 46(1) of Regulation No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms must concern strictly local stocks or only the fishermen of the Member State concerned or fishing vessels flying the flag of that State and may apply only to waters coming under its sovereignty or jurisdiction.

see paras 34-38, operative part