Enforcing the Common Fisheries Policy by Ronan J. Long, Peter A. Curran(auth.)

By Ronan J. Long, Peter A. Curran(auth.)

The focus of this ebook is a assessment of the way the typical Fisheries coverage is enforced in the course of the group, with a dialogue of its successes and screw ups. subject matters comprise many of the ideas and rules to be enforced; the enforcement specialists within the Member States and their actions and methods; the function of the fee and its method of enforcement; new advancements in fisheries regulate; the prices of enforcement; and challenge fisheries and non compliance more often than not.

Chapter 1 The Context: evaluate of the typical Fisheries coverage (pages 3–46):
Chapter 2 Fishery Enforcement and the CFP (pages 47–77):
Chapter three a brand new method of Enforcement ? The keep an eye on law (pages 78–116):
Chapter four imposing the neighborhood seize Registration method (pages 117–163):
Chapter five The Enforcement of Technical Conservation Measures, constitution and industry Measures (pages 164–191):
Chapter 6 The position of the ecu fee and a few of the problems relating using Sanctions within the Enforcement procedure (pages 192–214):
Chapter 7 Quota Hopping: An Insoluble Enforcement challenge? (pages 215–233):
Chapter eight making sure Enforcement by way of Member States (pages 234–262):
Chapter nine Financing the Enforcement of the CFP (pages 263–277):
Chapter 10 implementing neighborhood ideas at the Use of Large?Scale Driftnets (pages 278–313):
Chapter eleven New advancements in Fishery legislation Enforcement (pages 314–336):
Chapter 12 Conclusions (pages 337–349):

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67Essentially, the Community is legally competent to adopt fisheries measures. ~’ The requirement for the Commission to consult the European Parliament, which has a specific fisheries committee, regarding fisheries legislative proposals will depend on which legislative base underpins the measure in question. Thus, for example, there is a requirement to consult the European Parliament if a proposal for legislation is based on Article 43 {37)of the EC Treaty. The Parliament in the past has objected to such a limited role,71but the Court upheld the procedure in Albert Romkes v.

74In the light of this opinion the Commission then draws up proposals for legislation which is forwarded to the Council and presented to the experts on the Advisory Committee for Fisheries (ACF). ] Since then there have been minor adjustments, but otherwise the Council has achieved agreement in time to prescribe quotas each year for certain species for the following year. Because the scheme of allocation has followed the same scheme to that adopted in 1983, this procedure is referred to as the application of the 1983 key.

Cases established that the Council was not obliged to reassess the 1983 keys in order to take into account the fishing record of Spanish and Portuguese vessels in Community waters. This decision of the Court restricted Spain from gaining additional quota allocation and ultimately contributed to the phenomenon of quota hopping which is discussed in Chapter 7. 88 (iv) Exchange and utilisation of quotas The 1983 Management Regulation provided for the exchange of quotas between Member States, provided that the Commission has been given prior and this has since become a common feature of the CFP.

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