NO 171/83 OF 25 JANUARY 1983 LAYING DOWN CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES ( OFFICIAL JOURNAL 1983, L 24, P . 14 ).
2 THOSE QUESTIONS WERE RAISED IN PROCEEDINGS BROUGHT AGAINST FOUR NETHERLANDS FISHERMEN IN THE ARRONDISSEMENTSRECHTBANK, ZWOLLE, BY THE OFFICIER VAN JUSTITIE ( PUBLIC PROSECUTOR ) FOR THE DISTRICT OF ZWOLLE FOR HAVING CAUGHT PLAICE LESS THAN 27*CM IN LENGTH IN THE NORTH SEA, THEREBY CONTRAVENING THE NETHERLANDS ORDER OF 1 NOVEMBER 1984 "AMENDING THE ORDER IMPLEMENTING THE EEC REGULATION LAYING DOWN TECHNICAL MEASURES ".
3 BY THAT ORDER THE STATE SECRETARY FOR AGRICULTURE AND FISHERIES FIXED THE MINIMUM SIZE OF PLAICE WHICH MAY BE CAUGHT IN THE NORTH SEA AT 27*CM . IN THE EXPLANATORY MEMORANDUM CONCERNING THE ORDER THE STATE SECRETARY INDICATES THAT IT IS ADOPTED PURSUANT TO ARTICLE 20 ( 1 ) OF REGULATION NO 171/83 .
4 THAT REGULATION INTRODUCED VARIOUS TECHNICAL MEASURES FOR PROTECTING THE BIOLOGICAL RESOURCES OF THE SEA, SUCH AS FIXING THE MESH SIZE OF FISHING NETS OR PROHIBITING FISHING FOR CERTAIN FISH IN CERTAIN AREAS AT CERTAIN TIMES . ONE SUCH MEASURE IS THE PROHIBITION LAID DOWN IN ARTICLE 11 ON CATCHING FISH OF LESS THAN THE MINIMUM SIZE LAID DOWN IN ANNEX 5 TO THE REGULATION . THE MINIMUM SIZE FOR PLAICE IS 25*CM .
5 ARTICLE 20 ( 1 ) OF THE REGULATION STATES THAT : "THIS REGULATION SHALL APPLY WITHOUT PREJUDICE TO NATIONAL TECHNICAL MEASURES, GOING BEYOND ITS MINIMUM REQUIREMENTS, WHICH ARE APPLICABLE ONLY TO FISHERMEN OF THE MEMBER STATE CONCERNED AND WHICH EITHER ARE INTENDED TO ENSURE BETTER MANAGEMENT AND BETTER USE OF THE QUOTAS OR WHICH APPLY TO SPECIES NOT SUBJECT TO QUOTAS OR TO SPECIES FOR WHICH THIS REGULATION LAYS DOWN NO SPECIFIC MEASURES, PROVIDED THAT THEY ARE COMPATIBLE WITH COMMUNITY LAW AND ARE IN CONFORMITY WITH THE COMMON FISHERIES POLICY ". ARTICLE 20 ( 2 ) PROVIDES THAT : "THE NATIONAL MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BE COMMUNICATED TO THE COMMISSION IN ACCORDANCE WITH ARTICLE 2 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 101/76 OF 19 JANUARY 1976 LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY" ( OFFICIAL JOURNAL 1976, L 20, P . 19 ).
6 THE PURPOSE OF REGULATION NO 101/76, TO WHICH REGULATION NO 171/83 REFERS, IS TO IMPLEMENT A COMMON STRUCTURAL POLICY IN THE FISHING INDUSTRY BY COORDINATING NATIONAL POLICIES AND BY THE EXCHANGE OF INFORMATION BETWEEN THE MEMBER STATES AND THE COMMISSION . ARTICLE 2 ( 2 ) OF THAT REGULATION PROVIDES THAT MEMBER STATES ARE TO NOTIFY THE OTHER MEMBER STATES AND THE COMMISSION OF THEIR EXISTING LAWS AND ADMINISTRATIVE RULES AND REGULATIONS IN RESPECT OF FISHING .
7 IN THOSE CIRCUMSTANCES THE NATIONAL COURT CONSIDERED THAT THE CASE BEFORE IT RAISED QUESTIONS CONCERNING THE INTERPRETATION OF COMMUNITY LAW . IT THEREFORE REFERRED THE FOLLOWING TWO QUESTIONS TO THE COURT :
"1 . DOES ARTICLE 20 ( 1 ) OF REGULATION ( EEC ) NO 171/83