Keywords
Summary

Keywords

Acts of the institutions – Statement of reasons – Obligation – Scope – Decision 2001/822 on the association of the overseas countries and territories – Decision refusing to grant a derogation from that decision, concerning the rules of origin for sugar from the Netherlands Antilles – Infringement of the duty to give reasons

(Art. 253 EC; Council Decision 2001/822, Annex III, Art. 37; Commission Decision 2003/34)

Summary

The statement of reasons required by Article 253 EC must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent Community Court to exercise its power of review. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question.

A Commission Decision refusing to grant a derogation from Decision 2001/822, on the association of the overseas countries and territories (OCTs), as regards the rules of origin for sugar from the Netherlands Antilles, does not satisfy the requirements of Article 253 EC where that decision does not make it possible to determine with sufficient clarity: (i) the reasoning which led the Commission to conclude that the rules relating to cumulation of origin could solve the problem and that using Guyanese sugar would not cause the producer to cease its activities; (ii) whether Article 37(3)(b) of Annex III to the OCT decision was applied by the Commission or not; and (iii) the method of calculation used by the Commission in relation to the value added to Guyanese sugar in the context of a possible application of Article 37(7) of that annex.

(see paras 20, 42-43, 45, 49)