A legal challenge to fishing quotas

The document argues that TAC Regulations, while sui generis non-legislative acts, must operate within the legal framework of the CFP Basic Regulation. Because the CFP Basic Regulation requires fishing opportunities to be consistent with the MSY exploitation rate, any TAC Regulation that exceeds this rate would be incompatible with a higher norm of EU law and thus subject to annulment under Article 263 TFEU.

• ClientEarth research indicates that any TAC Regulation setting a fishing quota for 2020 or later that exceeds the MSY exploitation rate recommended by ICES would be incompatible with the CFP Basic Regulation.
• The European Parliament has guaranteed standing to challenge the legality of EU acts under Article 263 TFEU, which allows the Court of Justice of the European Union (CJEU) to declare an act null and void if it infringes the Treaties or any rule of law relating to their application.
• TAC Regulations are classified as sui generis non-legislative acts based directly on Article 43(3) TFEU, meaning they do not fit neatly into the standard EU hierarchy of legislative, delegated, or implementing acts.
• Based on the 'cod' and 'Venezuela' judgments, the Council must act within the legal framework established under Article 43(2) TFEU when adopting measures under Article 43(3) TFEU.
• The CFP Basic Regulation, adopted under Article 43(2) TFEU, imposes a duty on the Union to ensure fishing opportunities are consistent with achieving the MSY exploitation rate from 2020 onwards.
• Because TAC Regulations explicitly reference the CFP Basic Regulation in their preambles, they are purporting to act within that legal framework, making any infringement of the Basic Regulation (such as excessive quotas) a ground for annulment.

APA

ClientEarth (2019). A legal challenge to fishing quotas. https://www.clientearth.org/media/er1bltfx/a-legal-challenge-to-fishing-quotas-by-the-european-parliament-ce-en.pdf

Chicago

ClientEarth. A legal challenge to fishing quotas. 2019. https://www.clientearth.org/media/er1bltfx/a-legal-challenge-to-fishing-quotas-by-the-european-parliament-ce-en.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=A legal challenge to fishing quotas |date=October 2019 |url=https://www.clientearth.org/media/er1bltfx/a-legal-challenge-to-fishing-quotas-by-the-european-parliament-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2019legal, author = {{ClientEarth}}, title = {{A legal challenge to fishing quotas}}, institution = {ClientEarth}, year = {2019}, month = oct, url = {https://www.clientearth.org/media/er1bltfx/a-legal-challenge-to-fishing-quotas-by-the-european-parliament-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }