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7.6.

2003 EN Official Journal of the European Union C 135/15

Action brought on 28 March 2003 by the Commission of 2003 by the Commission of the European Communities,
the European Communities against the Italian Republic represented by T. van Rijn, acting as Agent.

(Case C-143/03)
The applicant claims that the Court should:
(2003/C 135/21)
— declare that, by

An action against the Italian Republic was brought before the 1. failing to adopt adequate provisions governing the
Court of Justice of the European Communities on 28 March utilisation of the quotas allocated to Belgium for the
2003 by the Commission of the European Communities, fishing years 1991 to 1996,
represented by Luca Visaggio and Roberto Amorosi, acting as
Agents.
2. failing to ensure observance of the Community
legislation on the conservation of fishery resources
The applicant claims that the Court should: by monitoring fishing activity and adequately moni-
toring the landing and recording of catches,
— Declare that, by subjecting alkaline manganese batteries
containing less than 0,0005 % of mercury by weight to a 3. failing to impose a provisional ban on fishing by
marking system requiring, in particular, indication of the vessels flying its flag or registered in its territory
presence of heavy metals, the Italian Republic has failed once the quota allocated to Belgium had to be
to fulfil its obligations under Article 28 EC; regarded as exhausted,

— Order the Italian Republic to pay the costs.


4. failing to take penal or administrative measures
against the master or any other person responsible
for fishing after the entry into force of bans on
Pleas in law and main arguments fishing or in the absence of a quota,

the Kingdom of Belgium has failed to fulfil its obligations


Alkaline manganese batteries containing less than 0,0005 % under Article 5(2) of Council Regulation (EEC) No 170/
of mercury by weight do not fall within the scope of 83 ( 1) of 25 January 1983 establishing a Community
Council Directive 91/157/EEC on batteries and accumulators system for the conservation and management of fishery
containing certain dangerous substances. resources, Article 9(2) of Council Regulation (EEC)
No 3760/92 (2) of 20 December 1992 establishing a
Community system for fisheries and aquaculture,
In the absence of harmonisation of national laws as regards Articles 1 and 11(1) and (2) of Council Regulation (EEC)
such goods, subjecting them to the marking requirement No 2241/87 ( 3) of 23 July 1987 establishing certain
provided for in Article 5(1) and (2) of Decree No 476/97 control measures for fishing activities and Articles 2,
constitutes a barrier to the free movement of goods contrary 21(1) and (2) and 31 of Council Regulation (EEC)
to Article 28 EC, there being no obvious overriding reason No 2847/93 ( 4) of 12 October 1993 establishing a control
relating to the public interest to justify its adoption. system applicable to the common fisheries policy;

— order the Kingdom of Belgium to pay the costs.

Action brought on 1 April 2003 by the Commission Pleas in law and main arguments
of the European Communities against the Kingdom of
Belgium

(Case C-149/03) Infringement of Article 5(2) of Regulation (EEC) No 170/83


and Article 9(2) of Regulation (EEC) No 3760/92: under these
provisions, the Member States are to lay down the criteria for
(2003/C 135/22) the distribution of the quotas allocated to them and detailed
rules for the utilisation of those quotas. The Commission finds
that, during the period 1991 to 1996, there was overfishing in
respect of 22 fishery resources and that, in several cases, the
An action against the Kingdom of Belgium was brought before quota was exceeded by more than 10 %, with the result that
the Court of Justice of the European Communities on 1 April the Kingdom of Belgium has failed to fulfil its obligations.