92002E2123

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?

(1) OJ L 24, 27.1.1983, p. 1.

(2) OJ L 389, 31.12.1992, p. 1.

Joint answerto Written Questions E-2123/02 and E-2124/02given 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.