WRITTEN QUESTION No. 818/98 by José APOLINÁRIO to the Commission. The Community initiative, Pesca, and tourism
11. 12. 98 EN Official Journal of the European Communities C 386/45 (98/C 386/060) WRITTEN QUESTION E-0810/98 by Jens-Peter Bonde (I-EDN) to the Commission (26 March 1998) Subject: Publication of customs rules in the Official Journal Will the Commission ensure that all customs rules are published in the Official Journal before they may enter into force? Answer given by Mr Santer on behalf of the Commission (7 May 1998) Pursuant to Article 191 of the EC Treaty, regulations are published in the Official Journal and enter into force on the date specified in them, or in the absence thereof, on the twentieth day following that of their publication. When the Commission adopts a regulation, it always endeavours to provide for a delay between publication and entry into force, so that those concerned can adapt to the new legal position. This same applies to customs duties. These are laid down in Annex 1 to Council Regulation (EEC) 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, (1) which is fully replaced every year by a Commission Regulation. This most recent was Commission Regulation (EC) 2086/97 of 4 November 1997. (2) This Regulation came into force on 1 January 1998. However, in the meantime, the Commission has adopted two amendments to Annex 1 to Regulation 2658/87; first, Commission Regulation (EC) 2472/97 of 11 December 1997, (3) which came into force on the sixtieth day following publication, and second, Commission Regulation (EC) 2509/97 of 15 December 1997, (4) which came into force on the twentieth day following publication. This particular type of regulation, which adopts the legal position to constantly-changing markets, must obviously be adopted as short a time as possible before implementation if they are to be based on the most recent market prices. Such regulations, in particular the routine administrative instruments under Common Agricultural Policy, generally have a limited period of validity and consequently tend to provide for early entry into force › on the day of publication or the next working day. The Commission considers that economic operators active in these sectors are familiar with the situation, and expect the regulations to be amended at short notice, conceivably with effect from the date of publication. The principle of certainty of legal positions precludes Community instruments from having effect from a date prior to publication. However, the Court of Justice has acknowledged that this might be acceptable in exceptional cases where the object pursued so requires, provided the legitimate expectations of those concerned are duly respected. (5) (1) OJ L 256, 7. 9. 1987. (2) OJ L 312, 14. 11. 1997. (3) OJ L 341, 12. 12. 1997. (4) OJ L 345, 16. 12. 1997. (5) Case 98/78 Racke [1979] ECR 69 (paragraph 20), judgment given on 25. 1. 1979. (98/C 386/061) WRITTEN QUESTION E-0818/98 by JosØ ApolinÆrio (PSE) to the Commission (26 March 1998) Subject: The Community initiative, Pesca, and tourism Will the Commission give the total amount allocated, per Member State, in the 1994-1999 financial programming period to actions and projects specifically involving tourism within the framework of the Community initiative, Pesca?