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

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

The main target of this ebook is a assessment of ways the typical Fisheries coverage is enforced through the neighborhood, with a dialogue of its successes and screw ups. themes comprise a few of the principles and rules to be enforced; the enforcement professionals within the Member States and their actions and methods; the function of the fee and its method of enforcement; new advancements in fisheries keep an eye on; the prices of enforcement; and challenge fisheries and non compliance in general.

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 watch over rules (pages 78–116):
Chapter four imposing the neighborhood capture Registration process (pages 117–163):
Chapter five The Enforcement of Technical Conservation Measures, constitution and industry Measures (pages 164–191):
Chapter 6 The function of the ecu fee and a few of the problems touching on using Sanctions within the Enforcement technique (pages 192–214):
Chapter 7 Quota Hopping: An Insoluble Enforcement challenge? (pages 215–233):
Chapter eight making sure Enforcement through Member States (pages 234–262):
Chapter nine Financing the Enforcement of the CFP (pages 263–277):
Chapter 10 implementing group principles at the Use of Large?Scale Driftnets (pages 278–313):
Chapter eleven New advancements in Fishery legislations Enforcement (pages 314–336):
Chapter 12 Conclusions (pages 337–349):

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Example text

However, it needs to be stressed that cooperation between police and other agencies for criminal matters remains a matter for inter-governmental co-operation. Furthermore, and of major consequence for the enforcement of Community fisheries law, mutual co-operation in criminal cases remains exclusively within the remit of Member State competence, although it needs to be emphasised that, during the deliberations leading to agreement on the Amsterdam Treaty, Member States have recorded their agreement to improve the instruments and mechanisms of this co-operation in order to make it more efficient.

The adoption of a common policy for fisheries Despite the initiatives taken by the Council at the meeting in the Hague regarding the extension of coastal Member State jurisdiction, progress in the development of a common policy proved to be dilatory. 62The Council decided that a policy had to be put into effect by 1January 1981. In order to comply with the treaties and to conform with the Hague Agreement the Council furthermore agreed that the policy should be based on the following guidelines: rational and non-discriminatory measures for the management of resources and conservation and reconstitution of stocks so as to ensure their exploitation on a lasting basis in the appropriate social and economic conditions; fair distribution of catches having regard, most particularly, to traditional fishing activities, to special needs of the regions where the local populations are particularly dependent upon fishing and industries allied theret0,6~and the loss of catch potential in third-country waters; effective controls on the conditions applying to fisheries; adoption of structural measures which include a financial contribution by the community; establishment of securely-based fisheries relations with third countries and implementation of agreements already negotiated.

It has been suggested by some commentators that Article 102 of the Act of Accession and Article 100 (94) of the Treaty could alternatively have been used as a legal basis for fisheries legislation. 16It has also been argued that Article 52 (43}, the right of establishment, and Article 59 (49}, the freedom to supply services, are grounds for the equal access principle which, in theory, allows Community fishermen access to the fishing grounds in the waters under the sovereignty and jurisdiction of all Member States.

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