Scottish Human Rights Law Group

The appellant, the master of a fishing vessel registered at Banff and licensed under the Sea Fish (Conservation) Act 1967, was charged with failing to comply with a condition attached to the vessel’s licence, namely that he had failed to deposit a copy of the log sheet for the vessel prior to commencing the landing of sea fish.   He claimed that the condition in question was insufficiently specific to establish an offence within the terms of Article 7 and that the imposition of the condition had no foundation in and was inconsistent with Community law, given that it imposed stricter requirements than those authorised by that law.   In dismissing the appeal, that court held that the wording of the condition was sufficiently clear to leave no real doubt as to its meaning and intent and there was no incompatibility with the requirement of certainty laid down by Article 7 and that Article 38 of Council Regulation 2847/93/EC permitted Member States to take supplementary measures which, so long as they complied with Community law and were consistent with the common fisheries policy, could impose stricter provisions designed to police and enforce that policy.

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