JUDGMENT OF 8. 12. 1981 — JOINED CASES 180 AND 266/80 In Joined Cases 180 and 266/80 REFERENCES to the Court under Article 177 of the EEC Treaty by the French Cour de Cassation [Court of Cassation] for a preliminary ruling in the proceedings pending before that court between JOSÉ CRUJEIRAS TOME and THE PROCUREUR DE LA RÉPUBLIQUE [Public Prosecutor] (Case 180/80), and by the Tribunal de Grande Instance [Regional Court], St Nazaire, in the proceedings pending before that court between THE PROCUREUR DE LA RÉPUBLIQUE and ANTON YURRITA (Case 266/80), on the validity of Council regulations laying down certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain, THE COURT composed of: J. Mertens de Wilmars, President, G. Bosco, A. Touffait and O. Due (Presidents of Chambers), P. Pescatore, Lord Mackenzie Stuart, A. O'Keeffe, T. Koopmans, U. Everling, A. Chloros and F. Grévisse, Judges, Advocate General: F. Capotorti Registrar: A. Van Houtte gives the following 2998 CRUJEIRAS TOME v PROCUREUR DE LA RÉPUBLIQUE JUDGMENT Facts and Issues The facts of the case, the course of the (b) Case 266/80 procedure and the observations sub­ mitted pursuant to Article 20 of the Protocol on the Statute of the Court of Anton Yurrita, the master of the Spanish Justice of the EEC may be summarized trawler Ondarrutarra, registered under as follows: No BI 4.22 in Ondarroa, was charged on 17 October 1980 before the Tribunal de Grande Instance, St Nazaire, with fishing without a licence inside the French economic zone, in the 188-mile I — Facts and procedure band of sea beyond the 12-mile limit. 1. The facts of the main proceedings 2. The provisions of the regulations may be summarized as follows: and international agreements involved in the two cases may be summarized as follows: (a) Case 180/80 (a) Community rules on fishing applicable It appears from the documents before the to vessels flying the flag of Spain Court that on 16 September 1978 the Spanish trawler Uricen Uno, registered in San Sebastián under No SS I-2322, was Pursuant to the Council Resolution of discovered fishing beyond the 12-mile 3 November 1976 on certain external limit in the 188-mile band of sea which aspects of the creation of a 200-mile constitutes the French economic zone fishing zone in the Community with created by Decree No 77-130 of effect from 1 January 1977 (Official 11 February 1977 issued pursuant to Law Journal 1981, C 105, p. 1) the Member No 76-655 of 16 July 1976. States of the Community extended their fishing zones with effect from 1 January 1977 to 200 miles off their North Sea The master of the vessel, José Crujeiras and North Atlantic coasts. Since then the Tome, who admitted that he did not exploitation of fishery resources in those hold a valid licence as required by the zones by fishing vessels of non-member applicable Community rules, was ordered countries has been governed by a series by judgment of the Tribunal de Grande of interim Community measures relating Instance, Lorient, of 5 October 1978 to to each of the countries concerned. The pay a fine of FF 4 000 and to forfeit his measures were adopted pending the trawling gear and the proceeds of his conclusion of outline agreements on catch for contravening the fishing regu­ fisheries between the Community and lations inside the French economic zone. those non-member countries. 2999 JUDGMENT OF 8. 12. 1981 — JOINED CASES 180 AND 266/80 The provisions applicable to vessels 1719/80 of 30 June 1980 laying down, flying the flag of Spain were laid down for 1980, certain measures for the initially by Council Regulation (EEC) conservation and management of fishery No 373/77 of 24 February 1977 (Official resources applicable to vessels flying the Journal 1977, L 53, p. 1). The validity of flag of Spain (Official Journal 1980, those provisions was subsequently L 168, p. 27). extended and certain amendments were made. According to the preamble to that regulation, the Community and Spain The rules applicable during the period in consulted each other, under the question in Case 180/80 were laid down procedure laid down in the Agreement in Council Regulation (EEC) No 341/78 on Fisheries signed by the Community of 20 February 1978 laying down certain and Spain on 15 April 1980, on the interim measures for the conservation conditions for fishing by the vessels of and management of fishery resources each of the parties in the fishing zone of applicable to vessels flying the flag of the other party during 1980, and on Spain, for the period from 21 February completion of those consultations the to 31 May 1978 (Official Journal 1978, Community delegation undertook to L 49, p. 1). The period of validity of recommend that the Community auth­ that regulation was extended until orities adopt for that period certain 30 September 1978 by Council Regu­ measures authorizing Spanish vessels to lation (EEC) No 1744/78 of 24 July fish in the fishing zones of the Member 1978 (Official Journal L 203, p. 1). States covered by Community rules on fisheries. Article 2 of Regulation No 341/78 is Articles 1 and 2 of Regulation worded as follows: No 1719/80 are worded as follows: "1. Fishing shall be subject to the granting of a licence, issued by the "Article 1 Commission on behalf of the Community, and to compliance with The only catches which vessels flying the the conservation and supervisory flag of Spain are authorized to make measures and other provisions during the period 1 January to governing fishing in the zones 31 December 1980 in the 200-mile referred to in Article 1. fishing zone of the Member States covered by Community rules on fisheries shall be those set out in Annex I, within 2. Fishing quotas, the number of the quantitative limits laid down therein licences which can be issued to and caught under the conditions laid vessels flying the flag of Spain, and down by this Regulation. the maximum number of vessels in possession of a licence which may fish at the same time within a Article 2 particular zone, are laid down in the Annex." 1. Fishing shall be subject to the holding on board of a licence, issued by The rules applicable during the period in the Commission on behalf of the question in Case 266/80 are to be found Community, and to compliance with in Council Regulation (EEC) No the conservation and supervisory 3000 CRUJEIRAS TOME v PROCUREUR DE LA RÉPUBLIQUE measures and other provisions of the living resources in any area of governing fishing in the zone referred the high seas adjacent to its territorial to in Article 1. sea. 2. The number of licences which may be Article 7 issued to vessels flying the flag of Spain shall be as laid down in point 3 1. Having regard to the provisions of of Annex I." paragraph 1 of Article 6, any coastal State may, with a view to the main­ tenance of the productivity of the (b) International agreements living resources of the sea, adopt unilateral measures of conservation appropriate to any stock of fish or According to its preamble, the Geneva other marine resources in any area of Convention of 29 April 1958 on Fishing the high seas adjacent to its territorial and Conservation of the Living sea, provided that negotiations to that Resources of the High Seas (United effect with the other States concerned Nations Treaty Series, Vol. 559, No have not led to an agreement within 8164) is intended to solve, by means of six months. international cooperation, the problems involved in the conservation of the living resources of the sea, which are exposed 2. The measures which the coastal State to the danger of being over-exploited. adopts under the previous paragraph The Convention contains, in particular, shall be valid as to other States only the following provisions: if the following requirements are fulfilled: "Article 1 (a) That there is a need for urgent application of conservation 1. All States have the right for their measures in the light of the nationals to engage in fishing on the existing knowledge of the fishery; high seas, subject (a) to their treaty obligations, (b) to the interests and (b) That the measures adopted are rights of coastal States as provided for based on appropriate scientific in this Convention, and (c) to the findings; provisions contained in the following articles concerning conservation of the living resources of the high seas. (c) That such measures do not discriminate in form or in fact against foreign fishermen." 2. All States have the duty to adopt, or to cooperate with other States in adopting, such measures for their France and Spain ratified the Convention respective nationals as may be in 1970 and 1971 respectively. necessary for the conservation of the living resources of the high seas. The London Fisheries Convention of 9 March 1964 (United Nations Treaty Series, Vol. 581, No 8432) defines the Article 6 common aspects of a fisheries regime for the 6-mile zone measured from the 1. A coastal State has a special interest baseline and for the zone between 6 and in the maintenance of the productivity 12 miles from that line. 3001 JUDGMENT OF 8. 12. 1981 — JOINED CASES 180 AND 266/80 Each of the Contracting Parties recog­ tenance or establishment of a special nizes the right of the other Contracting regime in matters of fisheries between Parties to establish the fishery regime inter alia the Member States of the described in the Convention (Article 1 European Economic Community.