JUDGMENT OF THE COURT (Fifth Chamber)
14 November 2002 (1)
(Failure by a Member State to fulfil its obligations - Fisheries - Conservation and management of fishery resources - Control measures for fishing activities)
In Case C-140/00,
Commission of the European Communities, represented by T. van Rijn and K. Fitch, acting as Agents, with an address for service in Luxembourg,
applicant,
v
United Kingdom of Great Britain and Northern Ireland, represented by R. Magrill, acting as Agent, and M. Hoskins, Barrister, with an address for service in Luxembourg,
defendant,
APPLICATION for a declaration that, in respect of each of the years 1991 to 1996, by:
- failing to put in place appropriate detailed rules for the utilisation of the quotas allocated to it,
- failing to carry out the inspections and other controls required by the relevant Community regulations,
- failing provisionally to close certain fisheries when quotas had been exhausted,
- failing to take administrative or penal action against the masters of vessels infringing the regulations or against any other person responsible for such infringement,
the United Kingdom of Great Britain and Northern Ireland has failed to comply with its obligations under Article 5(2) of Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (OJ 1983 L 24, p. 1) or, with effect from 1 January 1993, Article 9(2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (OJ 1992 L 389, p. 1), as well as Article 1(1) of Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing activities (OJ 1987 L 207, p. 1) or, with effect from 1 January 1994, Article 2 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1), Article 11(2) of Regulation No 2241/87 or Article 21 of Regulation No 2847/93, Article 1(2) of Regulation No 2241/87, or Article 31 of Regulation No 2847/93,
THE COURT (Fifth Chamber),
composed of: M. Wathelet, President of the Chamber, C.W.A. Timmermans, A. La Pergola (Rapporteur), P. Jann and S. von Bahr, Judges,
Advocate General: C. Stix-Hackl,
Registrar: R. Grass,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 21 March 2002,
gives the following
- failing to put in place appropriate detailed rules for the utilisation of the quotas allocated to it,
- failing to carry out the inspections and other controls required by the relevant Community regulations,
- failing provisionally to close certain fisheries when quotas had been exhausted,
- failing to take administrative or penal action against the masters of vessels infringing the regulations or against any other person responsible for such infringement,
the United Kingdom of Great Britain and Northern Ireland has failed to comply with its obligations under Article 5(2) of Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (OJ 1983 L 24, p. 1) or, with effect from 1 January 1993, Article 9(2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (OJ 1992 L 389, p. 1), as well as Article 1(1) of Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing activities (OJ 1987 L 207, p. 1) or, with effect from 1 January 1994, Article 2 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1), Article 11(2) of Regulation No 2241/87 or Article 21 of Regulation No 2847/93, Article 1(2) of Regulation No 2241/87, or Article 31 of Regulation No 2847/93.
Law
'Member States shall determine, in accordance with the applicable Community provisions, the detailed rules for the utilisation of the quotas allocated to them. ...'
'Member States shall inform the Commission each year of the criteria they have adopted for distribution and of the detailed rules for the use of the fishing availabilities allocated to them, in accordance with Community law and the common fisheries policy.'
'1. In order to ensure compliance with all the regulations in force concerning conservation and control measures, each Member State shall, within its territory and within maritime waters subject to its sovereignty or jurisdiction, monitor fishing activity and related activities. It shall inspect fishing vessels and all activities whose inspection would enable verification of the implementation of this regulation, including the activities of landing, selling and storing fish and recording landings and sales.
2. If the competent authorities of a Member State observe, as a result of monitoring or inspection carried out by them under paragraph 1, that the relevant rules concerning conservation and control measures are not being complied with, they shall take penal or administrative action against the master of such a vessel or any other person responsible.'
'1. All catches of a stock or group of stocks subject to quota made by fishing vessels flying the flag of a Member State or registered in a Member State shall be charged against the quota applicable to that State for the stock or group of stocks in question, irrespective of the place of landing.
2. Each Member State shall determine the date from which the catches of a stock or group of stocks subject to quota made by the fishing vessels flying its flag orregistered in that Member State shall be deemed to have exhausted the quota applicable to it for that stock or group of stocks. As from that date, it shall provisionally prohibit fishing for that stock or group of stocks by such vessels as well as the retention on board, the transhipment and the landing of fish taken after that date and shall decide on a date up to which transhipments and landings or final notifications of catches are permitted. The Commission shall forthwith be notified of this measure and shall then inform the other Member States.
3. Following notification under paragraph 2 or on its own initiative, the Commission shall fix, on the basis of the information available, the date on which, for a stock or group of stocks, the catches subject to TAC, quota or other quantitative limitation made by fishing vessels flying the flag of, or registered in, any Member State are deemed to have exhausted the quota, allocation or share available to that Member State or, as the case may be, to the Community.
When an assessment of the situation referred to in the first subparagraph is made, the Commission shall advise the Member States concerned of the prospects of fishing being halted as a result of a TAC's being exhausted. Fishing vessels flying the flag of, or registered in, a Member State shall cease fishing in respect of a stock or of a group of stocks subject to quota on the date on which the quota allocated for the stock or group of stocks in question to that Member State is deemed to have been exhausted; such vessels shall equally cease retention on board, transhipment, landing or arranging for transhipment and landing in respect of such catches taken after that date.'
'1. In order to ensure compliance with all the rules in force concerning conservation and control measures, each Member State shall, within its territory and within maritime waters subject to its sovereignty or jurisdiction, monitor fishing activity and related activities. It shall inspect fishing vessels and investigate all activities thus enabling verification of the implementation of this regulation, including the activities of landing, selling, transporting and storing fish and recording landings and sales.
2. Fishing vessels, which may exercise activities, flying the flag of [a] third country and sailing in maritime waters subject to the sovereignty or jurisdiction of a Member State shall be subject to a system of communication of movements and of catches held on board.
Member States shall notify the Commission of the measures taken to ensure compliance with these procedures.
3. Each Member State shall monitor, outside the Community fishery zone, the activities of its vessels in cases where such control is required to ensure compliance with Community rules applicable in those waters.
4. In order to ensure that inspection is as effective and economical as possible, Member States shall coordinate their control activities. To that end, they may set up joint inspection programmes to allow the inspection of Community fishing vessels in the waters referred to in paragraphs 1 and 3. They shall take measures to permit their competent authorities and the Commission to be regularly informed on a reciprocal basis of the experience gained.'
'1. Member States shall ensure that the appropriate measures [are] taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible where [the] common fisheries policy ha[s] not been respected, in particular following a monitoring or inspection carried out pursuant to this regulation.
2. The proceedings initiated pursuant to paragraph 1 shall be capable, in accordance with the relevant provisions of national law, of effectively depriving those responsible of the economic benefit of the infringements or of producing results proportionate to the seriousness of such infringements, effectively discouraging further offences of the same kind.
3. The sanctions arising from the proceedings mentioned in paragraph 2 may include, depending on the gravity of the offence:
- fines,
- seizure of prohibited fishing gear and catches,
- sequestration of the vessel,
- temporary immobilisation of the vessel,
- suspension of the licence,
- withdrawal of the licence.
4. The provisions of this article shall not prevent the Member State of landing or transhipment from transferring prosecution of an infringement to the competent authorities of the Member State of registration with the agreement of the latter and on condition that the transfer is more likely to achieve the result referred to in paragraph2. The Commission shall be notified of any such transfer by the Member State of landing or transhipment.'
Pre-litigation procedure
The application
- the absence of appropriate detailed rules for the utilisation of quotas, in breach of Article 5(2) of Regulation No 170/83 and, with effect from 1 January 1993, Article 9(2) of Regulation No 3760/92;
- the absence of inspection and control measures, in breach of Article 1(1) of Regulation No 2241/87 and, with effect from 1 January 1994, Article 2 of Regulation No 2847/93;
- the belated closure of fisheries, in breach of Article 11(2) of Regulation No 2241/87 and, with effect from 1 January 1994, Article 21 of Regulation No 2847/93; and
- the failure to take administrative or penal action, in breach of Article 1(2) of Regulation No 2241/87 and, with effect from 1 January 1994, Article 31 of Regulation No 2847/93.
Failure to put in place appropriate detailed rules for the utilisation of quotas and to carry out the inspections and other controls required
Arguments of the parties
Findings of the Court
Belated closure of fisheries
Arguments of the parties
Findings of the Court
Failure to take penal or administrative action
Arguments of the parties
Findings of the Court
Costs
62. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission has asked for the United Kingdom to be ordered to pay the costs and the latter has been unsuccessful, it must be ordered to pay the costs.
On those grounds,
THE COURT (Fifth Chamber),
hereby:
1. Declares that, in respect of each of the years 1991 to 1996, by:
- failing to put in place appropriate detailed rules for the utilisation of the quotas allocated to it and to carry out the inspections and other controls required by the relevant Community regulations,
- failing provisionally to close certain fisheries when quotas were exhausted,
- failing to take administrative or penal action against the masters of vessels infringing those regulations or against any other person responsible for such infringement,
the United Kingdom of Great Britain and Northern Ireland has failed to comply with its obligations under Article 5(2) of Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources and, with effect from 1 January 1993, Article 9(2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture, as well as Article 1(1) of Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing activities and, with effect from 1 January 1994, Article 2 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy, Article 11(2) of Regulation No 2241/87 and, with effect from 1 January 1994, Article 21 of Regulation No 2847/93, and Article 1(2) of Regulation No 2241/87 and, with effect from 1 January 1994, Article 31 of Regulation No 2847/93;
2. Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.
Wathelet Timmermans La Pergola
Jann von Bahr
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Delivered in open court in Luxembourg on 14 November 2002.
R. Grass M. Wathelet
Registrar President of the Fifth Chamber
1: Language of the case: English.