ECJ 1. The first sentence of article 7 of Regulation no 2527/80, according to which no device is to be used by means of which the mesh in any part of a fishing net is obstructed or otherwise effectively diminished, is an independent and perfectly clear provision, creating a prohibition with immediate effect which cannot depend upon the adoption of the detailed implementing rules provided for in the second sentence of the said provision.
2. Since the expiry on 1 january 1979 of the transitional period provided for in article 102 of the act of accession the power to adopt, as part of the common fisheries policy, measures to conserve the resources of the sea vests fully and finally in the community.
3. It is clear from the purpose and terms of article 7 of regulation no 2527/80 that the entire provision must have immediate effect, including the permission to use devices for the protection of nets the use of which appears to be compatible with the prohibition of the use of any device by means of which the mesh in any part of a fishing net is obstructed or otherwise effectively diminished.
In the absence of detailed implementing rules adopted by the community to give formal expression to that permission, it is for the competent courts to fill the resulting lacuna in a manner which is consistent with the aim of protecting fishing stocks and which also takes into account the fact that protection of fishing nets should be permitted.
Citations:
R-87/82, [1983] EUECJ R-87/82
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Jurisdiction:
European
Agriculture
Updated: 21 June 2022; Ref: scu.215159