3305/80 AND NO 554/81 , IN SO FAR AS THEY APPLIED TO THE FISHING ZONE EXTENDING FROM 12 TO 200 MILES FROM THE BASELINES , WERE PART OF THE PROGRESSIVE CREATION OF NEW RECIPROCAL RELATIONS BETWEEN THE COMMUNITY AND SPAIN IN THE FIELD OF SEA-FISHING WHICH WERE SUBSTITUTED FOR THE REGIME PREVIOUSLY APPLICABLE TO FISHING ON THE HIGH SEAS . IN THOSE CIRCUMSTANCES SPANISH FISERHERMEN MAY NOT RELY ON PRIOR INTERNATIONAL COMMITMENTS AS BETWEEN FRANCE AND SPAIN IN ORDER TO PREVENT THE APPLICATION OF THE INTERIM REGULATIONS ADOPTED BY THE COMMUNITY IN THE EVENT OF ANY INCOMPATIBILITY BETWEEN THE TWO CATEGORIES OF PROVISIONS .
10 CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATIONS NO 1719/80 , NO 3305/80 AND NO 554/81 . THOSE REGULATIONS ARE ENFORCEABLE AGAINST SPANISH NATIONALS .
11 THE DEFENDANTS IN THE MAIN PROCEEDINGS , THE FRENCH GOVERNMENT , THE COUNCIL AND THE COMMISSION HAVE DRAWN THE ATTENTION OF THE COURT TO THE FACT THAT AT THE MATERIAL TIME IN CASE 137/81 , NAMELY 2 FEBRUARY 1981 , NO COMMUNITY REGULATION CONCERNING THE SYSTEM OF LICENCES WAS APPLICABLE TO VESSELS FLYING THE FLAG OF SPAIN . THE RECITALS IN THE PREAMBLE TO REGULATION NO 554/81 STATE IN THIS CONNECTION THAT THE CONSULTATIONS BETWEEN THE COMMUNITY AND SPAIN WHICH ARE PROVIDED FOR BY THE AGREEMENT ON FISHERIES OF 1980 , WHICH PROVISIONALLY APPLIED FROM THE DATE OF SIGNATURE , WERE NOT CONCLUDED UNTIL 17 FEBRUARY 1981 , THAT FISHING BY SPANISH VESSELS IN THE FISHING ZONES OF MEMBER STATES WHICH WERE SUBJECT TO COMMUNITY FISHERIES REGULATIONS WAS AUTHORIZED DURING THE PERIOD FROM 1 TO 31 JANUARY 1981 BY REGULATION NO 3305/80 AND THAT SUCH FISHING HAD BEEN INTERRUPTED SINCE 1 FEBRUARY 1981 .
12 THE DEFENDANTS IN THE MAIN PROCEEDINGS HAVE CLAIMED THAT UNDER THE AGREEMENT ON FISHERIES SPANISH FISHERMEN WERE ENTITLED TO FISH IN THE FISHING ZONES IN QUESTION DURING THE PERIODS WHEN NO COMMUNITY REGULATION ESTABLISHED A SYSTEM OF LICENCES FOR THEM .
13 IT IS NEVERTHELESS FOR THE NATIONAL COURT TO CONSIDER THE CONSEQUENCES OF THE ABSENCE OF ANY COMMUNITY REGULATIONS CONCERNING FISHING LICENCES APPLICABLE TO SPANISH FISHING VESSELS DURING THE PERIOD FROM 1 FEBRUARY 1981 TO 4 MARCH 1981 .
Decision on costs
COSTS
14 THE COSTS INCURRED BY THE FRENCH GOVERNMENT AND BY THE COUNCIL AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE PROCEEDINGS PENDING BEFORE THE NATIONAL COURT THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
IN ANSWER TO THE QUESTION SUBMITTED BY THE TRIBUNAL DE GRANDE INSTANCE , BAYONNE , BY JUDGMENTS OF 23 APRIL AND 21 MAY 1981 , HEREBY RULES :
CONSIDERATION OF THE