Keywords
Summary

Keywords

1 . 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 1719/80 , 3305/80 AND 554/81 ; AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 )

2 . 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 - ABSENCE OF COMMUNITY RULES CONCERNING LICENCES DURING THE TIME BETWEEN THE PERIODS COVERED BY REGULATIONS NOS 3305/80 AND 554/81 - EFFECT ON CRIMINAL PROCEEDINGS INSTITUTED AGAINST FISHERMEN NOT HOLDING A LICENCE - APPRAISAL - JURISDICTION OF THE NATIONAL COURTS

( EEC TREATY , ART . 177 ; COUNCIL REGULATIONS NOS 3305/80 AND 554/81 )

Summary

1 . 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 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 . 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 .

2 . WITHIN THE FRAMEWORK OF CRIMINAL PROCEEDINGS AGAINST SPANISH FISHERMEN CHARGED WITH FISHING IN FRENCH TERRITORIAL WATERS WITHOUT BEING IN POSSESSION OF A FISHING LICENCE IT IS FOR THE NATIONAL COURT TO CONSIDER THE CONSEQUENCES OF THE ABSENCE OF ANY COMMUNITY REGULATIONS CONCERNING FISHING LICENCES APPLICABLE TO SPANISH FISHING VESSELS DURING THE TIME BETWEEN THE PERIODS WHEN REGULATIONS NOS 3305/80 AND 554/81 WERE IN FORCE .