WRITTEN QUESTION E-2426/00 by Jeffrey Titford (EDD) to the Commission. Article 297 (ex Article 224) of the Treaty establishing the European Community.
Date: 2000-07-18
Institutions: European Parliament, Provisional data
Subjects: EEC Treaty, application of EU law, exclusion from treatment (EU)

C 103 E/152

Official Journal of the European Communities

EN

3.4.2001

3. No decisions have yet been taken on whether there should be absolute maximum widths, percentages
etc. As already said the Commission is trying to find a satisfactory solution for all sides involved while,
at the same time, protecting the financial interests of the Community. It is up to the Member States to
make sure that expenditure of the Common agricultural policy (CAP) support measures is carried out
in accordance with Community law. The Commission is responsible for auditing the administration
and control procedures applied by the Member States and for any actions needed to protect the
financial interests of the Community.

4. Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for
applying the integrated administration and control system (IACS)
for certain Community aid
schemes (1) stipulates in Article 9 the reductions that have to be applied if
inspections reveal
discrepancies between what is declared in area aid applications and what is determined after checks
that are carried out. If the discrepancy found is 3 % or less of what is declared, the area actually
determined shall be used for the calculation of the aid. If the discrepancy found is more than 3 % or
two hectares the area actually determined shall be reduced by twice the difference found. No area-
linked aid shall be granted if the difference found is more than 20 %. These are general rules applicable
to all area aid applications.

5.

Environmental concerns have, for a long time, constituted an important part of a sound CAP. They
form a major aspect of the CAP reforms of 1992 and 1999. As an example, Council Regulation (EC)
No 1257/1999 of 17 May 1999 on support for rural development from the European agricultural
guidance and guarantee fund (EAGGF) foresees the possibility to support, in particular, production
methods designed to protect the environment and to maintain the countryside. Moreover, Article 3 of
Council Regulation (EC) No 1259/1999 of 17 May 1999 establishing common rules for direct support
schemes under the common agricultural policy (2) authorises Member States to establish specific
environmental requirements constituting a condition for direct payments, which could include the
maintenance of environmentally beneficial landscape features, such as hedgerows.

(1) OJ L 391, 31.12.1992.
(2) OJ L 160, 26.6.1999.

(2001/C 103 E/170)

WRITTEN QUESTION E-2426/00

by Jeffrey Titford (EDD) to the Commission

(18 July 2000)

Subject: Article 297 (ex Article 224) of the Treaty establishing the European Community

Can the Commission provide more precise information on the meaning of Article 297 (ex Article 224) of
the Treaty establishing the European Community which states:

Member States shall consult one another with a view to taking in common the necessary steps to
avoid the operation of the common market being affected by measures which a Member State may be
called upon to take in case of serious internal disturbances affecting public policy (cid:133) [EC Treaty:
Member States shall consult each other with a view to taking together the steps needed to prevent
the functioning of the common market being affected by measures which a Member State may be
called upon to take in the event of serious internal disturbances affecting the maintenance of law and
order (cid:133)], in particular

1.
Is it correct that Member States shall only consult one another with a view to taking common action
if there are (cid:145)serious internal disturbances affecting public policy(cid:146) [EC Treaty: (cid:145)the maintenance of law and
order(cid:146)], rather than (cid:145)serious internal disturbances not affecting public policy(cid:146) [EC Treaty: (cid:145)the maintenance
of law and order(cid:146)]?

In the event of one Member State being judged to have (cid:145)affected the operation of the common
2.
market(cid:146) by taking (cid:145)measures(cid:146), would the other Member States of the European Union be enabled, under
Article 297, to take action against that Member State?

3. When Article 297 uses the term (cid:145)the necessary steps(cid:146) [EC Treaty: the steps needed] to avoid the
operation of the common market being affected, could that include police or military action?

3.4.2001

EN

Official Journal of the European Communities

C 103 E/153

Answer given by Mr Bolkestein on behalf of the Commission

(12 October 2000)

Article 297 of the EC Treaty, ex Article 224, has rarely been invoked. As the Court of Justice stated in the
case of Johnston v. Chief Constable of the Royal Ulster Constabulary (1) it concerns (cid:145)a wholly exceptional
situation(cid:146), in fact three such situations, in which a Member State may take action capable of affecting the
functioning of the common market. Those three situations are, firstly, in the event of serious internal
disturbances affecting the maintenance of
in the event of war or serious
international tension constituting a threat of war, and thirdly, in order to carry out obligations it has
accepted for the purpose of maintaining peace and international security.

law and order, secondly,

The serious internal disturbances which only require consultation between Member States in accordance
with Article 297 are those (cid:145)affecting the maintenance of law and order(cid:146). In this opinion in the case
Commission v. Greece (2), the Advocate general considered that (cid:145)what seems to be envisaged is a situation
verging on a total collapse of internal security, for otherwise it would be difficult to justify recourse to a
sweeping derogation which is capable of authorising the suspension of all of the ordinary rules governing
the common market(cid:146).

The procedure to be followed if measures taken under Article 297 have the effect of distorting the
conditions of competition in the common market is set out in Article 298 (ex Article 225) of the
EC Treaty. The Commission examines with the Member State concerned (cid:145)how these measures can be
adjusted to the rules laid down in the Treaty(cid:146). Article 298 further specifies that (cid:145)the Commission or any
Member State may bring the matter directly before the Court of Justice if it considers that another Member
State is making improper use of the powers provided for in Article 296 and 297(cid:146).

The sole implementation of this last provision is the case Commission v. Greece (3) where the Commission
considered that Greece had made improper use of the powers provided in Article 224 (now Article 297)
EC Treaty in prohibiting trade between its territory and the former Yugoslav Republic of Macedonia
(FYROM) and that by so doing it had failed to fulfil
its obligation under in particular Article 113
(now Article 133) of the EC Treaty. The case was finally discontinued at the request of the Commission
because it considered that it no longer had an interest in pursuing the proceedings in view of the fact that
a temporary agreement had been reached between Greece and FYROM on certain matters, as a result of
which the former had lifted the trade restrictions it had imposed.

(1) Case 222/84 (1986) ECR 1651, paragraph 27 of the judgement.
(2) Case 120/94 (1966) ECR I-1514, paragraph 47 of the opinion.
(3) Case 120/94 discontinued by an Order of the President of the Court of 19 March 1996) ECR I-1535; see also the
Order of the Court of 29 June 1994 where the Court dismissed the application for the adoption of interim
measures lodged by the Commission (Case C-120/94R (1994) ECR I-3040).

(2001/C 103 E/171)

WRITTEN QUESTION E-2427/00

by Jeffrey Titford (EDD) to the Council

(24 July 2000)

Subject: European Union military rapid reaction force

1. What plan does the Council have for creating a military rapid reaction force?

2.

Can the Council indicate:

(a) Who would decide how this Rapid Reaction Force is used?

(b) How many troops will be deployed?

(c) How many other military personnel will be deployed in addition to the troops?

(d) As for troops and ancillary personnel from the United Kingdom, they currently swear an Oath of
Loyalty to the British Queen and the Crown. To whom will they bear allegiance when fighting within
the European Union Rapid Reaction Force?