Odbor kompatibility s právem ES
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61990J0286
Název:
Title: 		JUDGMENT OF THE COURT OF 24 NOVEMBER 1992. ANKLAGEMYNDIGHEDEN V PETER MICHAEL POULSEN AND DIVA NAVIGATION CORP.. REFERENCE FOR A PRELIMINARY RULING: KRIMINAL- OG SKIFTERETTEN I HJOERRING - DENMARK. CONSERVATION OF FISHERY RESOURCES - SALMON FISHING OUTSIDE WATERS UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES - PROHIBITION ON TRANSPORTATION AND STORAGE WITHIN WATERS UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES - APPLICATION OF THE PROHIBITION TO A VESSEL FLYING THE FLAG OF A NON-MEMBER COUNTRY. CASE C-286/90.
Publikace:
Publication:		REPORTS OF CASES 1992 PAGES I-6019
Předmět (klíčová slova):
Keywords		AGRICULTURE;FISHERIES POLICY;
Související předpisy:
Corresponding acts:		386R3094
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. FOR THE PURPOSE OF ARTICLE 6(1)(B) OF REGULATION NO 3094/86 WHICH PROHIBITS, PURSUANT TO CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES, THE TRANSPORT AND STORAGE ON BOARD OF SALMON CAUGHT IN CERTAIN AREAS NOT UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES, A VESSEL REGISTERED IN A NON-MEMBER COUNTRY MAY NOT BE TREATED AS A VESSEL WITH THE NATIONALITY OF A MEMBER STATE ON THE GROUND THAT IT HAS A GENUINE LINK WITH THAT MEMBER STATE.

2. ARTICLE 6(1)(B) OF REGULATION NO 3094/86 WHICH PROHIBITS, PURSUANT TO CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES, THE TRANSPORT AND STORAGE ON BOARD OF SALMON CAUGHT IN CERTAIN AREAS NOT UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES, MAY NOT BE APPLIED TO THE MASTER AND OTHER CREW MEMBERS OF A VESSEL REGISTERED IN A NON-MEMBER COUNTRY QUA NATIONALS OF A MEMBER STATE, IRRESPECTIVE OF THE STATE IN WHICH THE VESSEL IS REGISTERED AND THE SEA AREA IN WHICH THE VESSEL IS LOCATED.

3. ARTICLE 6(1)(B) OF REGULATION NO 3094/86 WHICH PROHIBITS, PURSUANT TO CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES, THE TRANSPORT AND STORAGE ON BOARD OF SALMON CAUGHT IN CERTAIN AREAS NOT UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES, MAY NOT BE APPLIED TO A VESSEL ON THE HIGH SEAS, REGISTERED IN A NON-MEMBER COUNTRY WHICH IS NOT A SIGNATORY TO THE CONVENTION FOR THE CONSERVATION OF SALMON IN THE NORTH ATLANTIC. NOR MAY THAT PROVISION BE APPLIED IN RESPECT OF SUCH A VESSEL SAILING IN THE EXCLUSIVE ECONOMIC ZONE OF A MEMBER STATE OR CROSSING THE TERRITORIAL WATERS OF A MEMBER STATE IN SO FAR AS THE VESSEL IS EXERCISING THE RIGHT OF INNOCENT PASSAGE IN THOSE AREAS. CONVERSELY, IT MAY IN PRINCIPLE BE APPLIED TO SUCH A VESSEL IN THE INLAND WATERS OR IN A PORT OF A MEMBER STATE.

4. THE NATIONAL COURT MAY IN PRINCIPLE ORDER THE CONFISCATION OF A CARGO OF SALMON CAUGHT IN THE AREAS REFERRED TO IN ARTICLE 6(1)(B) OF REGULATION NO 3094/86 PROHIBITING, PURSUANT TO CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES, THE TRANSPORT AND STORAGE ON BOARD OF SALMON CAUGHT IN CERTAIN AREAS NOT UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES, WHICH IS IN TRANSIT IN WATERS UNDER COMMUNITY JURISDICTION AND IS KEPT ABOARD A VESSEL REGISTERED IN A NON-MEMBER COUNTRY AND BELONGING TO A COMPANY ESTABLISHED IN THAT STATE, ONLY WHEN THAT VESSEL IS IN THE INLAND WATERS OR IN A PORT OF A MEMBER STATE.

5. COMMUNITY LAW CONTAINS NO RULES ON COMPLIANCE WITH THE PROHIBITION CONTAINED IN ARTICLE 6(1)(B) OF REGULATION NO 3094/86 WHICH PROHIBITS, PURSUANT TO CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES, THE TRANSPORT AND STORAGE ON BOARD OF SALMON CAUGHT IN CERTAIN AREAS NOT UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES, WITH RESPECT TO VESSELS FROM NON-MEMBER COUNTRIES WHICH HAVE ENTERED A PORT OF A MEMBER STATE BECAUSE THEY ARE IN DISTRESS. IT IS FOR THE NATIONAL COURT TO DETERMINE, IN ACCORDANCE WITH INTERNATIONAL LAW, THE LEGAL CONSEQUENCES FLOWING FROM SUCH A SITUATION.

Plný text judikátu (Entire text of the Judgment):