ECJ upholds fishermen’s appeal on ‘safety tonnage’

The European Court of Justice has ruled (13/05) to annul a decision by the European Commission rejecting eleven Irish applicants for safety tonnage and has ordered the Commission to pay costs.

According to the Killybegs Fishermen’s Association (KFO), the ruling clearly states the Commission ‘did not have the powers to make the decisions and that in the absence of transitional powers, the applicants had the right to bring an action for damages against the European Union.’

Eleven members of the KFO are vindicated for the second time on safety tonnage application. Photo Gillian Mills

Safety tonnage, which relates to the volume of a vessel, not to tonnes of fish, covers enhanced safety measures onboard a fishing vessels such as shelter decks, raised wheelhouses, increasing freeboard and improvements to crew accommodation.

 “I am delighted but not surprised that the ECJ has ruled for a second  time [first in 2006] in their favour and has annulled the eleven Commission decisions,” remarked Sean O’Donoghue of the KFO.

He congratulated the legal team for a “job well done” and added the case had gone on far too long. 

“The Commission continually tried to find ways to thwart the very necessary and legitimate safety tonnage applicaions. I am calling on the Commission in light of this second ruling against them to immediately sit down with the applicants to resolve in a satisfactory manner, this long outstanding issue.”