Anklagemyndigheden v Jack Noble Kerr.

• Jurisdiction: European Union
• Celex Number: 61981CJ0287
• ECLI: ECLI:EU:C:1982:406
• Date: 30 November 1982
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: 287/81

Avis juridique important

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61981J0287

Judgment of the Court of 30 November 1982. - Anklagemyndigheden v Jack Noble Kerr. - Reference for a preliminary ruling: Østre Landsret - Denmark. - Fishing - Allocation of total allowable catch ("TAC"). - Case 287/81.

European Court reports 1982 Page 04053

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - POWER OF THE EEC - FAILURE TO EXERCISE THAT POWER DURING THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION - INTERIM POWER OF THE MEMBER STATES - CONDITIONS GOVERNING THE EXERCISE OF THAT POWER

( ACT OF ACCESSION OF 22 JANUARY 1972 , ART . 102 ; THE HAGUE RESOLUTION OF 3 NOVEMBER 1976 )

2 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - POWER OF THE EEC - FAILURE TO EXERCISE THAT POWER DURING THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION - INTERIM POWER OF THE MEMBER STATES - MANAGEMENT AND CONSERVATION MEASURES ADOPTED BY A MEMBER STATE IN CONFORMITY WITH THE PROCEDURE ESTABLISHED BY THE HAGUE RESOLUTION - FIXING OF A TOTAL CATCH-QUOTA ALLOCATED AMONGST CERTAIN MEMBER STATES - MEASURE REQUIRED AND JUSTIFIED BY OBJECTIVE CONSIDERATIONS - PRINCIPLE PROHIBITING DISCRIMINATION - BREACH - ABSENCE - CONDITIONS

( EEC TREATY , ART . 7 ; ACT OF ACCESSION , ART . 102 ; COUNCIL REGULATION ( EEC ) NO 101/76 , ARTS 1 AND 2 ; THE HAGUE RESOLUTION OF 3 NOVEMBER 1976 , ANNEX VI )

Summary

1 . THE PURPOSE OF ARTICLE 102 OF THE ACT OF ACCESSION WAS TO INTRODUCE A NEW TRANSITIONAL PERIOD BY THE END OF WHICH THE COUNCIL WAS TO HAVE ADOPTED THE CONSERVATION MEASURES REQUIRED . DURING THAT PERIOD AND IN SO FAR AS THE COUNCIL HAD NOT EXERCISED THAT POWER , IT WAS FOR THE MEMBER STATES TO ADOPT AS REGARDS THE MARITIME WATERS WITHIN THEIR JURISDICTION THE NECESSARY CONSERVATION MEASURES IN THE COMMON INTEREST AND IN COMPLIANCE WITH THE SUBSTANTIVE AND PROCEDURAL RULES OF COMMUNITY LAW , IN PARTICULAR THOSE CONTAINED IN THE HAGUE RESOLUTION OF 3 NOVEMBER 1976 .

2 . AS LONG AS THE COMMUNITY HAD NOT EXERCISED ITS POWER TO TAKE MEASURES FOR THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA , A MANAGEMENT AND CONSERVATION MEASURE ADOPTED BY A MEMBER STATE DURING THE TRANSITIONAL PERIOD WHICH EXPIRED ON 31 DECEMBER 1978 AND DECIDED UPON IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR BY THE HAGUE RESOLUTION OF THE COUNCIL OF 3 NOVEMBER 1976 , WHICH HAD AS ITS PURPOSE TO FIX A TOTAL CATCH QUOTA , ALLOCATING IT AMONGST CERTAIN MEMBER STATES , CANNOT BE REGARDED AS CONTRARY TO THE PRINCIPLE PROHIBITING DISCRIMINATION , EMBODIED IN ARTICLE 7 OF THE EEC TREATY AND IN ARTICLES 1 AND 2 ( 1 ) OF REGULATION NO 101/76 , IF IT WAS A CONSERVATION MEASURE TAKEN IN RESPONSE TO A NEED ARISING IN THE ZONE CONCERNED AND IF THE MEASURE WAS JUSTIFIED BY OBJECTIVE CONSIDERATIONS RELATING TO THE PROTECTION OF THE NEEDS OF THE COASTAL POPULATION CONCERNED AND TO THE MAINTENANCE OF A SITUATION TEMPORARILY CREATED IN THE AREA IN QUESTION .

Parties

IN CASE 287/81

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE OESTRE LANDSRET ( EASTERN DIVISION OF THE HIGH COURT ) FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

ANKLAGEMYNDIGHEDEN ( PUBLIC PROSECUTOR )

AND

JACK NOBLE KERR

Subject of the case

ON THE INTERPRETATION OF ARTICLE 7 OF THE EEC TREATY AND ARTICLES 1 AND 2 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 101/76 OF 19 JANUARY 1976 LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY ( OFFICIAL JOURNAL 1976 , L 20 , P . 19 ),

Grounds

1 BY LETTER OF 29 OCTOBER 1981 , WHICH WAS RECEIVED AT THE COURT ON 5 NOVEMBER 1981 , THE PRESIDENT OF THE 16TH CHAMBER OF THE OESTRE LANDSRET ( EASTERN DIVISION OF THE HIGH COURT ), GIVING EFFECT TO AN ORDER MADE BY THAT CHAMBER ON 16 JUNE 1981 , REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF ARTICLE 7 OF THE EEC TREATY AND ARTICLES 1 AND 2 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 101/76 OF 19 JANUARY 1976 LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY ( OFFICIAL JOURNAL 1976 , L 20 , P . 19 ).

2 THOSE QUESTIONS WERE RAISED IN CRIMINAL PROCEEDINGS AGAINST THE CAPTAIN OF A BRITISH TRAWLER , MR KERR , FOR BREACH OF DANISH MINISTERIAL ORDER NO 88 OF 10 MARCH 1978 ON THE LIMITATION OF CATCHES FOR THE FISHING ZONE OFF GREENLAND FOR 1978 . THAT ORDER LAYS DOWN CATCH-QUOTAS FOR CERTAIN SPECIES OF FISH IN CERTAIN AREAS OF THE GREENLAND FISHING ZONE .

3 THE ORDER WAS ADOPTED PURSUANT TO GREENLAND LAW NO 413 OF 13 JUNE 1973 CONCERNING COMMERCIAL FISHING AND HUNTING , AS AMENDED BY LAW NO 624 OF 22 DECEMBER 1976 , WHICH PROVIDES IN PARTICULAR THAT SEA FISHING ON A COMMERCIAL BASIS OFF GREENLAND WITHIN THE 200 NAUTICAL MILE LIMIT FROM THE BASE-LINES AS DETERMINED BY THE MINISTER FOR GREENLAND IS TO BE RESERVED TO INDIVIDUALS AND CORPORATIONS HAVING CLOSE AND WELL-DEFINED TIES WITH GREENLAND ( ARTICLE 1 ). HOWEVER , A GENERAL EXCEPTION TO THAT RULE APPLIES IN THE CASE OF FOREIGN NATIONALS WHO ENJOY CERTAIN RIGHTS IN GREENLAND UNDER INTERNATIONAL AGREEMENTS ( ARTICLE 11 ). MOREOVER , THAT RULE MAY BE DEROGATED FROM WHERE THE AUTHORITIES CONSIDER THIS TO BE NECESSARY FOR THE DEVELOPMENT OF THE FISHING INDUSTRY IN GREENLAND OR WHERE IT IS ESSENTIAL THAT INDIVIDUALS AND CORPORATIONS ALREADY COVERED BY EARLIER LEGISLATION BE ENABLED TO PURSUE THEIR FISHING OPERATIONS...