OF ITS POLICY , THE OBLIGATION TO NOTIFY IS NOT A RULE OF COMMUNITY LAW WHICH HAS DIRECT EFFECT IN THE SENSE OF THE COURT ' S JUDGMENT OF 15 JULY 1964 ( CASE 6/64 , COSTA V ENEL , ( 1964 ) ECR 585 ), SINCE THE 1961 DECISION DOES NOT OBLIGE THE MEMBER STATE TO OBTAIN OR EVEN TO SEEK APPROVAL FOR THE MEASURES WHICH IT ENVISAGES . EVEN AFTER THE CONSULTATIONS PROVIDED FOR BY THE DECISION THE MEMBER STATE REMAINS FREE , SUBJECT TO ITS OTHER OBLIGATIONS UNDER COMMUNITY LAW , TO ADOPT WHATEVER POLICY IT THINKS APPROPRIATE . SUCH A FAILURE TO NOTIFY THEREFORE DOES NOT AFFECT THE VALIDITY OF THE UNITED KINGDOM POLICY IN THE LIGHT OF COMMUNITY LAW .
53 AS A PRELIMINARY POINT THE COURT CONSIDERS THAT EVEN IF THE VARIOUS PROVISIONS REFERRED TO CREATE OBLIGATIONS FOR THE MEMBER STATES TO PROVIDE INFORMATION OR TO GIVE NOTICE , IT HAS NOT BEEN ASKED BY THE NATIONAL COURT WHETHER SUCH AN OBLIGATION WAS FULFILLED IN THIS CASE AND THE ORDER OF THE NATIONAL COURT DOES NOT PROVIDE SUFFICIENT INFORMATION TO ENABLE IT TO DECIDE THAT QUESTION .
54 THE DISCUSSION IN THE PRELIMINARY REFERENCE PROCEDURE MUST THEREFORE BE RESTRICTED TO TWO QUESTIONS WHICH WILL BE EXAMINED SUCCESSIVELY : THE EXISTENCE OF AN OBLIGATION TO PROVIDE INFORMATION , TO GIVE NOTICE OR TO SEEK PRIOR APPROVAL ; THE LEGAL CONSEQUENCES WITH REGARD TO THE PROCEEDINGS BEFORE THE NATIONAL COURT OF A FAILURE TO FULFIL THAT OBLIGATION .
THE EXISTENCE OF AN OBLIGATION TO PROVIDE INFORMATION , TO GIVE PRIOR NOTICE OR TO SEEK PRIOR APPROVAL
55 FIRST OF ALL , AN EXAMINATION OF REGULATION NO 2603/69 ITSELF SHOWS THAT NONE OF ITS PROVISIONS IMPOSES ON THE MEMBER STATES AN OBLIGATION TO PROVIDE INFORMATION OR TO GIVE PRIOR NOTICE OF MEASURES REGARDING PRODUCTS TO WHICH ARTICLE 10 APPLIES , THAT IS TO SAY , PRODUCTS NOT COVERED BY THE PRINCIPLE OF FREEDOM OF EXPORT . ON THE ONE HAND , THE PROCEDURES LAID DOWN IN TITLE III OF THE REGULATION , ENTITLED ' PROTECTIVE MEASURES ' , ARE BY DEFINITION NOT APPLICABLE TO THE PRODUCTS TO WHICH ARTICLE 10 APPLIES . ON THE OTHER HAND , WITH REGARD TO TITLE II OF THE REGULATION , ONLY ARTICLE 2 REQUIRES MEMBER STATES TO GIVE NOTICE TO THE COMMISSION , BUT THE PROCEDURE PROVIDED FOR THERE IS LINKED TO THE ADOPTION OF PROTECTIVE MEASURES UNDER TITLE III AND CANNOT THEREFORE CONCERN THE PRODUCTS TO WHICH ARTICLE 10 APPLIES .
56 SECONDLY , IT MUST BE POINTED OUT THAT THE REFERENCE TO THE JUDGMENTS OF THE COURT REGARDING FISHERIES MATTERS AND CONSERVATION MEASURES TAKEN BY THE MEMBER STATES IS NOT RELEVANT . NONE OF THE CONDITIONS FOR THE APPLICATION OF THOSE JUDGMENTS IS MET IN THIS CASE : AN OBLIGATION ON THE PART OF THE COUNCIL TO ADOPT A POLICY ON A FIXED DATE ; THE COUNCIL ' S INABILITY TO COMPLY WITH THAT OBLIGATION ; THE EXISTENCE OF