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WRITTEN QUESTION E-2123/02
by Ian Hudghton (Verts/ALE) to the Commission
(17 July 2002)
Subject: CFP reform and potential legal challenge
The principle of relative stability was laid down in Article 4(1) of
Council Regulation (EEC) No 170/83(1) of 25 January 1983, the substance of
which is restated in Article 8(4) of Council Regulation (EEC) No
3760/92(2) of 20 December 1992, and was further recognised by virtue of
the Spanish and Portuguese Acts of Accession. The principle has since been
elaborated and reinforced by the Court of Justice (for example but not
limited to, Joined Cases C-418/00 and C-419/00, Case C-120/99, Joined
Cases C-61/96, C-132/97, C-45/98, C-27/99, C-81/00 and C-22/01, Case
T-196/99 and Case C-4/96).
The acquis communautaire has therefore
firmly entrenched the principle of relative stability as fundamental to
the common fisheries policy. How can the Commission therefore justify any
weakening of a fundamental principle, as outlined in its recently
published reform package, without opening up the whole reform to legal
challenge?
Joint answer to Written Questions E-2123/02 and E-2124/02 given by Mr
Fischler on behalf of the Commission
(5 August 2002)
As the Honourable Member rightly stated, the principle of relative
stability has been referred to in Community legislation. However, that
legislation does not contain the elements necessary to make fully
transparent how the principle of relative stability works in practice. The
Commission proposes that these elements are laid down in a Regulation by
Council, in consultation with Parliament. The Commission is convinced that
legal security will be increased in this manner. |
