4 OF THE COUNCIL DECISION OF 9 OCTOBER 1961 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1959-1962 , P . 84 ) AND SUBPARAGRAPH 2 ( B ) OF PART B OF THE ANNEX TO THE COUNCIL DECISION OF 25 SEPTEMBER 1962 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1959-1962 , P . 269 ) REQUIRE THE MEMBER STATES TO GIVE PRIOR NOTICE TO THE COMMUNITY AUTHORITIES AND TO CONSULT WITH THEM BEFORE ADOPTING ANY MEASURE AMENDING THE RULES GOVERNING EXPORTS TO NON-MEMBER COUNTRIES .
49 BULK CONSIDERS THAT A NATIONAL COURT MUST GIVE DIRECT EFFECT TO THE INVALIDITY OF MEASURES ADOPTED IN BREACH OF THE OBLIGATIONS REFERRED TO ABOVE . INASMUCH AS THE SOLE OBJECT OF THE DISPUTED CLAUSES WAS TO IMPLEMENT THE UNITED KINGDOM POLICY , AN INDIVIDUAL MAY , IN PROCEEDINGS AGAINST ANOTHER INDIVIDUAL BEFORE A NATIONAL COURT , PLEAD THAT THEY ARE VOID .
50 SUN AND THE UNITED KINGDOM , ON THE OTHER HAND , ARGUE THAT IN THE ABSENCE OF AN EXPRESS PROVISION REQUIRING NOTIFICATION , CONSULTATION OR PRIOR APPROVAL NO IMPLIED OBLIGATION CAN BE HELD TO EXIST . REGULATION NO 2603/69 ITSELF CONSTITUTES A COMMUNITY AUTHORIZATION PERMITTING MEMBER STATES TO ADOPT UNILATERALLY , AND WITHOUT ANY PRIOR CONSULTATION , QUANTITATIVE RESTRICTIONS ON EXPORTS TO NON-MEMBER COUNTRIES OF PRODUCTS LISTED IN THE ANNEX . FURTHERMORE , THE COUNCIL DECISIONS OF 1961 AND 1962 REFERRED TO ABOVE LAPSED AT THE END OF THE TRANSITIONAL PERIOD , THAT IS TO SAY , ON 31 DECEMBER 1969 . THE ANALOGY WITH THE JUDGMENTS OF THE COURT REGARDING FISHERIES POLICY IS ENTIRELY FALSE SINCE IN THAT FIELD SEVERAL LEGAL PROVISIONS HAD IMPOSED AN EXPRESS OBLIGATION TO NOTIFY OR TO SEEK THE PRIOR APPROVAL OF THE COMMUNITY INSTITUTIONS . FINALLY , AND IN ANY EVENT , EVEN IF THERE WERE AN OBLIGATION OF CONSULTATION OR OF NOTIFICATION , THE FAILURE TO COMPLY WITH IT WOULD HAVE NO DIRECT EFFECT IN CIVIL PROCEEDINGS BETWEEN INDIVIDUALS .
51 FOR ITS PART THE COMMISSION SUBMITS THAT THE COMPETENCE CONFERRED ON THE MEMBER STATES BY REGULATION NO 2603/69 , PENDING THE ADOPTION OF A COMMUNITY POLICY , IS SUBJECT IN PARTICULAR TO COUNCIL DECISIONS OF 9 OCTOBER 1961 AND 25 SEPTEMBER 1962 , REQUIRING CONSULTATION ON ALL CHANGES IN NATIONAL RULES APPLICABLE TO EXPORTS TO NON-MEMBER COUNTRIES . THE COMMISSION CONSIDERS THAT THE DOCUMENT PROVIDED BY THE UNITED KINGDOM TO THE PERMANENT REPRESENTATIVES COMMITTEE ON 31 JANUARY 1979 DID NOT ENTIRELY FULFIL THE UNITED KINGDOM ' S OBLIGATION TO SUPPLY INFORMATION UNDER ARTICLE 4 OF THE COUNCIL DECISION OF 9 OCTOBER 1961 , IN VIEW OF THE IDENTITY OF THE BODY TO WHICH THE INFORMATION WAS PROVIDED , THE INCOMPLETE NATURE OF THE DOCUMENT AND THE FACT THAT THE DOCUMENT WAS PROVIDED ONLY THE DAY AFTER THE POLICY WAS ADOPTED .
52 HOWEVER , THE COMMISSION TAKES THE VIEW THAT , SUPPOSING THE UNITED KINGDOM TO HAVE FAILED TO FULFIL ITS OBLIGATION UNDER THE DECISION OF 9 OCTOBER 1961 TO GIVE PRIOR NOTICE