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Dáil Éireann debate -
Tuesday, 6 Apr 1993

Vol. 429 No. 3

Written Answers. - Fisheries Legislation.

Jim O'Keeffe

Question:

49 Mr. J. O'Keeffe asked the Minister for the Marine if he has any proposals to review and update fisheries legislation.

The Department is currently considering changes to fisheries legislation in order to comply with the terms of certain judgments of the European Court of Justice in relation to nationality requirements in the context of the licensing and registration of fishing vessels.

As currently framed, legislation in these areas limits the holding of a licence in respect of a fishing vessel and of its registration under the Irish flag, to nationals or bodies corporate based within the State and subject to the laws of the State. In the light of the court ruling it will be necessary to extend this privilege to nationals of all member states of the European Community and bodies corporate established in a member state.

The court judgments, however, support the general principle that member states have the right to set requirements which underpin the concept of real economic linkage. The Department are currently examining the practical requirements which may be imposed in this context.

It is the intention when bringing forward this legislation to avail of the opportunity to tidy up a number of other provisions in existing legislation. This may include licensing procedures and certain technical provisions relating to inland fisheries.

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