Case C-213/03
Syndicat professionnel coordination des pêcheurs de l’étang de Berre and de la région
v
Électricité de France (EDF)
(Reference for a preliminary ruling from the Cour de cassation (France))
(Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention) – Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources – Article 6(3) – Authorisation to discharge – Direct effect)
Summary of the Judgment
- International agreements – Community Agreements – Direct effect – Conditions – Article 6(3) of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources and Article 6(1) of the amended Protocol – Obligation on Member States to subject the discharge of certain substances to a system of authorisation
(Art. 6(3) of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources, and Art. 6(1) of the amended Protocol)
- International agreements – Community Agreements – Article 6(3) of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources and Article 6(1) of the amended Protocol – Discharge of non-toxic substances – Prohibition without prior authorisation
(Art. 6(3) of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources, and Art. 6(1) of the amended Protocol)
- A provision in an agreement concluded by the Community with a non‑member country must be regarded as being directly applicable when, regard being had to its wording and to the purpose and nature of the agreement, the provision contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure.
Such is the case with Article 6(3) of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources and Article 6(1) of the amended Protocol which clearly, precisely and unconditionally lay down the obligation for Member States to subject discharges of the substances listed in Annex II to the Protocol to the issue by the competent national authorities of an authorisation taking due account of the provisions of Annex III. As a result, since those provisions have direct effect, any interested party is entitled to rely on them before the national courts.
(see paras 39, 41, 47, operative part 1)
- Article 6(3) of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources and Article 6(1) of the amended Protocol must be interpreted as prohibiting, without an authorisation issued by the competent national authorities, the discharge of substances which, although not toxic, have an adverse effect on the oxygen content of the marine environment, since those provisions do not expressly make the requirement of prior authorisation conditional on their toxicity.
(see paras 49, 52, operative part 2)
JUDGMENT OF THE COURT (Second Chamber)15 July 2004(1)
(Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention) – Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources – Article 6(3) – Authorisation to discharge – Direct effect)
and
THE COURT (Second Chamber),,
after considering the written observations submitted on behalf of:
after hearing the oral observations of the Syndicat professionnel coordination des pêcheurs de l’étang de Berre et de la région, Électricité de France, the French Government and the Commission at the hearing on 10 March 2004,
having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,
gives the following
On those grounds,
THE COURT (Second Chamber),
Timmermans
Gulmann
Puissochet
Cunha Rodrigues
Schintgen
R. Grass C.W.A. Timmermans
Registrar
President of the Second Chamber