In a landmark ruling that may allow the development of multiannual plans (MAPs) for EU fisheries to move forward after years of deadlock, the European Court of Justice found that the Council breached the Treaty when unilaterally passing amendments in 2012 to the cod management plan for the Atlantic and North Sea.
The Commission and Parliament brought the case, arguing that there are co-decision rights on fisheries management not related to TACs. Council was defended by Spain, France and Poland. These countries now have to bear the legal costs of their defence, along with the Council. The cod plan has been annulled as of the beginning of 2017.
The Court ruled that amendments to the management plan had the effect of defining “the legal framework in which fishing opportunities are established and allocated”. Thus, in shaping the parameters within which TACs could be set, Council had overstepped and wrongfully excluded the Parliament from these decisions.
After many years in which managing fish stocks for the long-term has been left on the backburner, this ruling should allow for MAPs, which are a crucial part of the CFP, to be jointly developed. Thus, allowing for a more sustainable framework within which annual quotas can be set.