ACTIVITIES , FISHERIES COME UNDER THE EEC TREATY AND , MORE PARTICULARLY , ARE TREATED AS AGRICULTURE UNDER THE TERMS OF ARTICLE 38 OF THE TREATY AND , UNDER THAT ARTICLE , ARE THUS COVERED BY THE PROVISION OF A COMMON POLICY .
29THE FIRST RULES ON FISHING QUESTIONS WERE LAID DOWN IN TWO REGULATIONS OF THE COUNCIL NAMELY REGULATION ( EEC ) NO 2141/70 OF 20 OCTOBER 1970 LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY , ON THE BASIS OF ARTICLES 7 , 42 , 43 AND 235 OF THE EEC TREATY ( OJ , ENGLISH SPECIAL EDITION 1970 ( III ), P . 703 ), AND IN REGULATION ( EEC ) NO 2142/70 OF THE SAME DATE ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS , BASED ON ARTICLES 42 AND 43 ( IBID ., P . 707 ).
30ARTICLES 98 TO 103 OF THE ACT OF ACCESSION MADE CERTAIN ADDITIONS TO THE SYSTEM THUS DEFINED AND THESE ARTICLES TOGETHER FORMED CHAPTER 3 OF TITLE II RELATING TO AGRICULTURE .
31OF THESE PROVISIONS SPECIAL ATTENTION MUST BE PAID TO ARTICLE 102 , WHICH READS : ' FROM THE SIXTH YEAR AFTER ACCESSION AT THE LATEST , THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , SHALL DETERMINE CONDITIONS FOR FISHING WITH A VIEW TO ENSURING PROTECTION OF THE FISHING GROUNDS AND CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA ' .
32FOLLOWING THE ENLARGEMENT OF THE COMMUNITY THE PROVISIONS RELATING TO FISHERIES WERE REPEATED IN TWO REGULATIONS OF THE COUNCIL , PROMULGATED ON THE SAME BASIS AS THE PREVIOUS REGULATIONS , IN ADDITION TO THE ACT OF ACCESSION , NAMELY NO 100/76 OF 19 JANUARY 1976 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS ( OJ L 20 , P . 1 ) AND REGULATION ( EEC ) NO 101/76 OF THE SAME DATE LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY ( IBID ., P ., 19 ).
33ARTICLE 1 OF THE LATTER REGULATION READS :
' COMMON RULES SHALL BE LAID DOWN FOR FISHING IN MARITIME WATERS AND SPECIFIC MEASURES SHALL BE ADOPTED FOR APPROPRIATE ACTION AND THE CO-ORDINATION OF STRUCTURAL POLICIES OF MEMBER STATES FOR THE FISHING INDUSTRY TO PROMOTE HARMONIOUS AND BALANCED DEVELOPMENT OF THIS INDUSTRY WITHIN THE GENERAL ECONOMY AND TO ENCOURAGE THE RATIONAL USE OF THE BIOLOGICAL RESOURCES OF THE SEA AND OF INLAND WATERS ' .
34ARTICLE 2 ( 1 ) READS :
' RULES APPLIED BY EACH MEMBER STATE IN RESPECT OF FISHING IN THE MARITIME WATERS COMING UNDER ITS SOVEREIGNTY OR WITHIN ITS JURISDICTION SHALL NOT LEAD TO DIFFERENCES IN TREATMENT OF OTHER MEMBER STATES .
' MEMBER STATES SHALL ENSURE IN PARTICULAR EQUAL CONDITIONS OF ACCESS TO AND USE OF THE FISHING GROUNDS SITUATED IN THE WATERS REFERRED TO IN THE PRECEDING SUBPARAGRAPH FOR ALL FISHING VESSELS FLYING THE FLAG OF A MEMBER STATE AND REGISTERED IN COMMUNITY TERRITORY ' .
35FINALLY ARTICLE 4 OF THE REGULATION