Luxembourg, 19/04/2002 (Agence Europe) - Although the Kingdom of Spain was indeed allocated 90% of the total allowable catches (TAC) of anchovies in the Bay of Biscay for the period 1996-2001, it has not, however, actually received 90% of the anchovy fishing possibilities in this area, given Portugal's transfer of one part of its quota in a given area to France. Such is the explanation given in a Court press release on a Spanish ruling against the European Commission.
Spain had initiated several different appeals before the Court for cancellation of the "points relating to anchovies (sic) of the annexes to the 1995, 1996, 1998, 1999 and 2000 regulations". The latter establish anchovy TACs for the areas mentioned for the period 1996-2001 and specify that the quota allocated to Portugal in the area situated to the west and south-west of the Iberian Peninsula may be fished to a given degree in the waters under French sovereignty or jurisdiction in the Bay of Biscay area, explains the press release. Spain mainly felt that this was violation of the principle of relative stability preventing it from keeping its 90% of the anchovy stock in the Bay of Biscay area. The Court notes that the principle of relative stability could be circumvented if it were possible to increase the effective fishing possibility in a determined geographical area for which a TAC has been fixed, through authorisation to also fish in that area up to one part of the TAC fixed for the same species in another area. This would have the result that, for the first area, the breakdown of fishing possibilities would be different from the breakdown of the TAC fixed for this zone, states the press release.
In the present case, the Court must consider that, although Spain has effectively been allocated 90% of anchovy fishing possibilities in this area, it has not, however, received 90% of the anchovy fishing possibilities in this same area. As a result, the breakdown of the effective fishing possibilities has been modified without any justification in the Biscay Bay area, to the detriment of Spain.
The Court rejects the allegation whereby the transfer to France of Portugal's fishing possibilities was carried out in the context of a common TAC covering the west and south-west areas of the Iberian Peninsula and the Bay of Biscay. The argument put forward by the Council on the common management of two separate TACs was not taken on board, given that the conditions for a common TAC were not fulfilled. The Court adds that the two TACs involve two biologically different stocks. Under these conditions, it considers that the provisions attacked by Spain violate the principle of relative stability and must therefore be annulled.
It should be noted that, this week, the Court issued a communication on this case alone, thus judging of lesser importance its own opinion on the creation of a common European air space between the European Community and third countries (Czech Republic, Bulgaria, Iceland, Estonia, Latvia, Lithuania, Norway, Poland, Romania, Slovakia and Slovenia). The Commission asked the Court - which answers in the affirmative - whether the project was compatible with European law. EUROPE will come back to this.