Fisheries opinion marks first round in power dispute

Date: 14/03/1996

By Michael Mann

THE European Court of Justice will rule next week on the latest in a series of disputes between the EU institutions over the division of power.

The European Commission has asked the ECJ to annul a decision taken by the Council of Ministers back in November 1993 on an international fisheries agreement, claiming it should have voted on behalf of the Union.

But in an opinion delivered last year, Advocate-General Francis Jacobs recommended that the case be dismissed, arguing that the Commission's application was inadmissible. The Court's ruling will be delivered next Tuesday (19 March).

The dispute centres on a draft international fishing agreement struck under the auspices of the United Nations Food and Agricultural Organisation (FAO), aimed at improving conservation and management measures for fishing vessels on the high seas.

In November 1993, the Council decided that it - and not the Commission - should vote on behalf of the Union at the FAO Conference.

But the Commission argued that the FAO agreement should fall completely within its competence and, according to Jacobs, “regards this as a test case with regard to the representation of the Community in international organisations”.

The confusion arose because, under EU law, the Commission has sole responsibility for negotiating on fisheries conservation measures, while member states have competence over the registration and flagging of vessels.

The FAO agreement fell into both camps.

Jacobs found that the Commission's case was only acceptable if it had a real interest in the outcome. In this instance, he said, it appeared the Commission was more interested in setting a precedent for the future to allow it a more central role in this and other international organisations.