You are required to answer a problem question based on European Union Law and its application to a factual scenario (3500 words)
This requires a student to draw on knowledge and understanding from Learning Outcomes 4 to 6 inclusive
British Trawlers Ltd (BTL) is an English registered company and operates a fleet of trawlers. These trawlers are used to catch sea bream in the North Sea. BTL is the only company which at present catches sea bream commercially.
The European Commission has recently created a Small Fish Directive- (Fictitious Directive) providing for a minimum mesh size for fishing nets to be used in the part of the North Sea where TBL operates. This is to protect stocks of juvenile cod. Adult sea bream are smaller than juvenile cod and must be caught with nets with a smaller mesh size than is now permitted. Furthermore, sea bream are found in shallow waters where the seabed is sandy, while cod are found in much deeper water where the seabed is rocky.
Member states are permitted to implement the small fish directives within a year’s time limit to preserve the production of Cod.
The Commission has also recently made a Decision adding Activane to a list of chemicals prohibited for use with fish. BTL uses Activane to treat its catch of sea bream for parasitic infestations. BTL considers that there is no effective alternative treatment. BTL says research indicates that Activane is not hazardous to humans.
BTL wishes to challenge these actions by the Commission. Advise BTL as to the procedure or procedures which it can invoke and the criteria applicable.
Ø Must be approximately 3500 words;
Ø Must include a word count
Ø Must have a title
Ø May have sub-headings
Ø Must include a bibliography if reference is made to secondary sources
Ø Must be referenced appropriately