OR PROCESS CATCHES IN A CERTAIN WAY IN ORDER TO REGULATE THE SUPPLY OF MAATJESHARING .
22 AS REGARDS ACCESS TO THE QUOTA , THE COMMISSION CONCLUDES FROM ARTICLES 2 AND 4 OF REGULATION NO 170/83 THAT THE PURPOSE OF THE PROVISIONS WHICH THE MEMBER STATES MUST ADOPT REGARDING THE UTILIZATION OF THE QUOTAS ALLOCATED TO THEM IS TO SPREAD THE FISHING RESTRICTIONS AMONGST THE FISHERMEN CONCERNED . THE FIRST MEASURE RESTRICTING SHARES IN THE QUOTA TO A CERTAIN CATEGORY OF FISHERMAN IS , IN THE COMMISSION ' S OPINION , IN LINE WITH REGULATIONS NOS 170/83 AND 1353/83 AND CONSISTENT WITH THE COMMUNITY PROVISIONS IN FORCE .
23 AS REGARDS THE NATIONAL RULES GOVERNING THE TREATMENT AND PROCESSING OF HERRING , THE COMMISSION REFERS TO REGULATION NO 3796/81 FROM WHICH IT INFERS THAT PRODUCERS ' ORGANIZATIONS HAVE BEEN ENTRUSTED WITH IMPORTANT DUTIES , ESPECIALLY IN THE IMPLEMENTATION OF INTERVENTION MEASURES , THE ADOPTION AND IMPLEMENTATION OF CATCH PLANS , THE CONCENTRATION OF SUPPLY OF THE VARIOUS PRODUCTS AND THE QUANTITATIVE AND QUALITATIVE ADJUSTMENTS OF SUPPLY TO MARKET REQUIREMENTS . THE COMMISSION ALSO DRAWS ATTENTION TO ARTICLE 2 OF REGULATION NO 3796/81 WHICH PROVIDES FOR THE POSSIBILITY OF DETERMINING COMMON MARKETING STANDARDS FOR ALL THE PRODUCTS COVERED BY THE COMMON ORGANIZATION OF THE MARKET ; SUCH STANDARDS HAVE BEEN ADOPTED FOR THE SIZE AND FRESHNESS OF THE MOST IMPORTANT FISH VARIETIES , INCLUDING HERRING .
24 THE COMMISSION SUBMITS THAT , ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT , AS SOON AS THE COMMUNITY , ACTING PURSUANT TO ARTICLE 40 OF THE EEC TREATY , HAS ADOPTED REGULATIONS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN A PARTICULAR SECTOR , AS IN THE PRESENT CASE , THE MEMBER STATES MUST REFRAIN FROM ADOPTING ANY MEASURE WHICH MIGHT DEROGATE FROM THEM OR ENCROACH UPON THEM . IN THE FISHERIES SECTOR , THE ONLY WAY IN WHICH THE MEMBER STATES MAY INTERVENE ON THE MARKET IS BY MAKING CERTAIN RULES OF PRODUCERS ' ORGANIZATIONS BINDING ON ALL PRODUCERS . IN EFFECT , THE NATIONAL MEASURE IN QUESTION NOT ONLY BANS A PARTICULAR METHOD OF PROCESSING BUT ALSO DIRECTLY PROHIBITS THE MARKETING OF HERRING IN AN UNTREATED STATE , WHICH IS DIRECTLY CONTRARY TO THE PRINCIPLE OF AN OPEN MARKET AND FREE TRADE BETWEEN THE MEMBER STATES .
25 FINALLY , THE COMMISSION OBSERVES THAT THE MEASURE IN QUESTION IS UNRELATED TO ANY QUALITATIVE REQUIREMENT FOR MAATJESHARING . EVEN ASSUMING THAT IT MAY BE REGARDED AS A QUALITY STANDARD , IT IS INCOMPATIBLE WITH THE MARKET ORGANIZATION BECAUSE IT CLEARLY FALLS WITHIN THE POWERS OF THE PRODUCERS ' ORGANIZATIONS .
THE CONDITIONS GOVERNING FISHERMEN ' S ACCESS TO THE QUOTA
26 IT MUST BE NOTED THAT , AS FAR AS THE CRITERIA FOR RECEIVING A FISHING LICENCE ARE CONCERNED , ARTICLE 1 OF REGULATION NO 170/83 ESTABLISHES ' A COMMUNITY SYSTEM FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES ' AND ARTICLE 5 ( 2 ) EMPOWERS THE MEMBER STATES TO DETERMINE