84     It is therefore necessary to interpret the meaning of ‘new fishing opportunities’ by taking account of the scheme and purpose of Article 20(1) and (2) of Regulation No 2371/2002, read in the light of the case-law (see Case 46/86 Romkes [1987] ECR 2671; Case C‑70/90 Spain v Council [1992] ECR I‑5159; Case C‑71/90 Spain v Council [1992] ECR I‑5175; Case C‑73/90 Spain v Council [1992] ECR I‑5191; and Joined Cases C‑87/03 and C‑100/03 Spain v Council).

27. The Court has already held in Case 46/86 Romkes [1987] ECR 2671, paragraph 17, and confirmed in a series of judgments delivered in 1992, that the requirement of relative stability must be understood as meaning that each Member State is to retain a fixed percentage when fishing opportunities are distributed. The Court added that the distribution formula originally laid down taking account of the quantities taken on average by the fleets of the various Member States during the period from 1973 to 1978 will continue to apply as long as an amending regulation has not been adopted according to the procedure which was followed for Regulation No 170/83 (see, inter alia, Romkes , paragraph 6; Case C‑70/90 Spain v Council [1992] ECR I‑5159, paragraph 15; Case C‑71/90 Spain v Council [1992] ECR I‑5175, paragraph 15; and C‑73/90 Spain v Council [1992] ECR I‑5191, paragraph 28).