Kingdom of Belgium and Federal Republic of Germany v Commission of the European Communities.
Date: 1997-02-04
22 As far as Article 30 of the Council regulation is concerned, the Court has held that, as appears from the 22nd recital in the preamble to that regulation, that provision is intended to deal with any disturbance in the internal market which the replacement of the various national arrangements by the common organization of the market threatens to bring about.  To that end, that provision requires the Commission to take any transitional measures it judges necessary (order of 29 June 1993 in Case C-280/93 R Germany v Council [1993] ECR I-3667, paragraphs 46 and 47, and the judgment in Case C-68/95 T. Port v Bundesanstalt für Landwirtschaft und Ernährung [1996] ECR I-6065, paragraph 34).
23 Application of Article 30 is subject to the condition that the specific measures which the Commission must adopt are intended to assist transition from national arrangements to the common organization of the market and that they are necessary for that purpose (T. Port, cited above, paragraph 35).
24 Those transitional measures must address difficulties encountered after establishment of the common organization of the market but originating in the state of national markets prior to adoption of the contested regulations (T. Port, paragraph 36).
34 It follows from the foregoing that, in the event of an adaptation of the tariff quota in the course of a marketing year on grounds of necessity, it is possible, under Article 16(3) of the Council regulation, to derogate from the allocation formula set out in Article 19(1) of the Council regulation in respect of the fraction of the quota which is adjusted.
36 The Court has consistently held that it follows from the Treaty context in which Article 155 must be placed and also from practical requirements that the concept of implementation must be given a wide interpretation. Since only the Commission is in a position to keep track of agricultural market trends and to act quickly when necessary, the Council may confer on it wide powers in that sphere. Consequently, the limits of those powers must be determined by reference amongst other things to the essential general aims of the market organization (Case 22/88 Vreugdenhil and Another v Minister van Landbouw en Visserij [1989] ECR 2049, paragraph 16, and the cases cited therein, and Case C-478/93 Netherlands v Commission [1995] ECR I-3081, paragraph 30).
37 Thus, the Court has held that, in matters relating to agriculture, the Commission is authorized to adopt all the measures which are necessary or appropriate for the implementation of the basic legislation, provided that they are not contrary to such legislation or to the implementing legislation adopted by the Council (Case 121/83 Zuckerfabrik Franken v Hauptzollamt Würzburg [1984] ECR 2039, paragraph 13, and Netherlands v Commission, cited above, paragraph 31).
44 In this regard, it must be borne in mind that the Court has consistently held that the statement of reasons required by Article 190 of the Treaty must be appropriate to the nature of the measure in question.  It must show clearly and unequivocally the reasoning of the institution which enacted the measure so as to inform the persons concerned of the justification for the measure adopted and to enable the Court to exercise its powers of review. It has also been held that the statement of reasons for a measure is not required to specify the matters of fact or of law dealt with, provided that it falls within the general scheme of the body of measures of which it forms part (see Joined Cases C-63/90 and C-67/90 Portugal and Spain v Council [1992] ECR I-5073, paragraph 16, and Case C-353/92 Greece v Council [1994] ECR I-3411, paragraph 19).