If the forthcoming UK referendum comes out in favour of the UK withdrawing from the EU then what happens to existing 'Treaties' with the EU? One would assume that they are instantly worthless and unenforceable, although, with countries such as Spain, 'Gunboat Diplomacy' would not be unforseen; they are not going to lightly give up advantages won under very dubious / questionnable circumstances in the 1970's

Take for instance the long running sore of The Common Fisheries Policy - presumably that becomes void and the UK reverts back to the status quo prior to joining the EEC?

Just to recap on the history of this 'con' by the EEC ....

The Common Fisheries Policy (CFP)

Immediately prior to Norway and the UK applying for membership of the E.E.C. in 1970, the six original members drew up Council Regulation, 2141/70, giving each other ‘equal access’ to each other's fishing waters. As none of the existing members had any fishing waters worth talking about, this could only ever have been a calculated attempt at sequestering the assets of new applicants in a 'land/waters grab' - quite apart from illegal it was also blackmail by the EEC

The underlying reason for Regulation, 2141/70, was that approximately 70-80% of the ‘European’ fish stocks were to be found within UK National Waters and as a new member of the EEC Britain would have to accept all existing European Legislation.

New EU applicants have to negotiate on the basis of the 'acquis communautaire' - in other words, existing legislation, and the CFP had to be hastily put together in order for the EU to illegally capitalise on the benefits of other new member states

A point worth noting is Council Regulation, 2141/70, was only adopted on the morning of 30 June, the day the British application for membership was made

However, no valid negotiation can ever take place on the basis of illegality and therefore the CFP was effectively a licence for illegal fishing by exiting EU countries

UK Politics

One additional factor was the willingness of Edward Heath and UK politicians to ignore British interests in pursuit of their political ideals.

In October 1971, Geoffrey Rippon, Britain’s chief negotiator stated ‘.. one thing is certain . . . we should not sign a Treaty of Accession which would commit us to the present fisheries policy..

A number of Ministers at the time, made a similar statements and MPs voted on accession to the treaty during a debate in which the passage relating to fisheries was NOT published; so the debate was on flawed principles engineered by those who drew up the debate topic.

On 22 January 1972 Edward Heath signed up regardless of UK interests and more for personal glory

Legality of the Regulation

During the first 22 years of its existence the CFP was completely illegal; according to the EEC's own laws

None of the Articles quoted in the treaty, numbers 7, 42, 43 and 235 mention fisheries.

Article 38 is usually quoted as the source but was, in actual fact, left out of the regulation in the haste to draw it up.

Finally, authorisation was retrospectively inserted into Article 3 of the Treaty of Maastricht!

Implementation

As with most EU matters the UK implements the CFP absolutely to the letter of the law, whereas others, most notably Spain, do not do not adopt the same vigilance and allow their nationals a free rein in these matters; especially if they are in Spains National Interest. But then most of the members take this approach and only the UK seems to follow the rules

Regulation of each nation’s fishing vessels is left to that nation itself and Spain has very few fisheries inspectors who spend most of their time in Madrid, some way from the sea. The result is that Spanish vessels are lightly regulated, if indeed any actual regulation takes place at all, which seems unlikely, but 'par for the course'

This 'Spanish' practice was so widespread that when 1995 the Canadians boarded a Spanish ship, the Estai, they caught her concealing an illegal catch in a secret hold, with a fraudulent log book.

Impact of the CEP on the UK

The UK provides 70%-80% of the fishing waters and accordingly are the main losers in this arrangement; whilst others over fish and take advantage of the situation at every opportunity and to the detriment of the UK's own fishermen

Addendum

Norway subsequently passed a law that limited the size of vessels allowed into the 6 to 12 mile zone; which was a double blow to the British deep sea trawlers in the light of the fact that they had given up their own fishing grounds. Although, in the end Norway did not join

 

WELL THE UK WANTS THEIR FISHING GROUNDS RETURNED

AFTER THEY WERE ORIGINALLY ILLEGALLY STOLEN BY THE EU

 

The passage of time can never ratify an initial illegal act, however, much the EU would like this to be the case. Moreover, why has no-one taken this illegal act to the European Court and voided all subsequent legislation on this subject after the EU's original illegality?

Furthemore, the CFP needs to be declared void; all member state fishing in UK waters must cease immediately and damages paid to the UK in the form of the value of each members annual catch from these waters since the date the CFP was invoked (1971), together with interest on all monies here mentioned (all these figures should be easily available from EU records)

The message is very simple - Crime Does Not Pay - Not even EEC sponsored illegal acts!

With this in mind the EU cannot surely be surprised at the UK antipathy and reluctance to engage - after all the EU behaved disgracefully AND ILLEGALLY at the outset when the UK applied to join the EEC; so they have actually brought it on themselves and never really addressed the issue with any intention of 'righting the original wrong'

 

References

The Great Deception by Christopher Booker and Richard North

What happened in 1970-2

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