Bridges Trade BioRes • Volume 5 • Number 14 • 22nd July 2005
European Court Fines France over Fishing
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After nearly fifteen years of legal confrontation, the European Court of Justice (ECJ) on 12 July imposed a record fine on France for its failure to comply with EU fish stock protection rules, suggesting that the EU is clamping down on member states who violate strict rules that aim to prevent overfishing as a result of stakeholder complaints that more effective and uniform enforcement of the Common European Fisheries Policy (CEFP) is necessary. In addition to paying a lump sum fine of EUR20 million because of past offences, France will have to pay an additional penalty of EUR57.8 million every six months until it fulfils its obligations under the CEFP. The dispute dates back to 1991, when the EJC ruled that France’s inadequate control systems allowed undersized fish to be caught and sold on the market. Then, in 2001, after more than a decade of inspections of French ports, the European Commission complained once again to the ECJ saying that, contrary to EU rules, French fishermen were not using correct net sizes and were on occasion catching or selling undersized fish. The 12 July ruling marks the conclusion of the 2001 case. In a press release sent out after the ruling, the European Commission welcomed the decision and said it sent “a strong signal to Member States that may be tempted to persistently ignore Community law”. The Commission is currently considering 81 violations of the Common Fisheries Policy, of which 61 relate to overfishing which, in most cases, results from mismanagement by member states of quota use by their vessels.
“EU Court Fines France for Flouting Fishing Laws,” REUTERS, 13 July 2005; “Judgment Of The Court Of Justice In Case C-304/02 Commission Of The European Communities v French Republic,” ECJ PRESS RELEASE, 12 July 2005; “Commission Welcomes Court Ruling On Continued Failure By France To Comply With Fisheries Obligations,” EC PRESS RELEASE, 12 July 2005; “Commission takes legal action against Germany and Spain,” EC PRESS RELEASE, 15 July 2005.
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