.
ANY SUCH MEASURES ADOPTED SHALL NOT PREJUDICE THE GUIDELINES TO BE ADOPTED FOR THE IMPLEMENTATION OF COMMUNITY PROVISIONS ON THE CONSERVATION OF RESOURCES . ' '
19 FURTHERMORE , AT ITS MEETING ON 30 AND 31 JANUARY 1978 , THE COUNCIL MADE THE FOLLOWING DECLARATION :
' ' THE COUNCIL APPROVED THE COMMISSION COMMUNICATION ACCORDING TO WHICH , IN THE ABSENCE OF A COMMON SYSTEM , NATIONAL MEASURES COULD ONLY BE TAKEN IN AS FAR AS THEY WERE STRICTLY NECESSARY FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES , WERE NON-DISCRIMINATORY AND IN CONFORMITY WITH THE TREATY , AND IF THE APPROVAL OF THE COMMISSION HAD BEEN SOUGHT BEFOREHAND . ' '
20 THE QUESTION WHICH ARISES IN THIS CASE IS WHETHER , DURING THE TRANSITIONAL PERIOD , IN THE EXERCISE OF THEIR POWER RELATING TO ' ' CONSERVATION AND MANAGEMENT ' ' , THE MEMBER STATES WERE ENTITLED NOT ONLY TO FIX TOTAL ALLOWABLE CATCHES FOR CERTAIN SPECIES OF FISH IN THE AREAS WITHIN THEIR JURISDICTION BUT ALSO TO ALLOCATE SUCH CATCHES AMONGST THE MEMBER STATES , RESTRICTING SUCH ALLOCATION TO CERTAIN MEMBER STATES .
21 IN ITS JUDGMENT OF 14 JULY 1976 IN JOINED CASES 3 , 4 AND 6/76 KRAMER ( 1976 ) ECR 1279 , THE COURT RECOGNIZED THAT THE COMMUNITY HAS THE POWER IN ITS INTERNAL RELATIONS TO ADOPT ANY MEASURES FOR THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA , INCLUDING THE FIXING OF CATCH-QUOTAS AND THEIR ALLOCATION AMONGST THE VARIOUS MEMBER STATES .
22 IT MUST ALSO BE RECOGNIZED THAT , DURING THE TRANSITIONAL PERIOD WHICH EXPIRED ON 31 DECEMBER 1978 , THE MEMBER STATES WERE SIMILARLY EMPOWERED TO FIX AND TO ALLOCATE QUOTAS , AS LONG AS THAT POWER HAD NOT BEEN EXERCISED BY THE COUNCIL . IN THE ABSENCE OF MEASURES ADOPTED ON A COMMON BASIS WHICH COULD HAVE MADE IT POSSIBLE TO LAY RESPONSIBILITY ON THE MEMBER STATE OF REGISTRATION , THE COASTAL STATE WAS IN THE BEST POSITION TO EVALUATE THE DATA ENABLING A TOTAL CATCH-QUOTA TO BE FIXED FOR THE DIFFERENT SPECIES OF FISH AND TO BE ALLOCATED AMONGST THE VARIOUS MEMBER STATES .
23 AS REGARDS THE FIXING OF THE TOTAL ALLOWABLE CATCH , IT IS NOT DISPUTED THAT THE TOTAL ALLOWABLE CATCH ACTUALLY FIXED WAS IN CONFORMITY WITH THE RECOMMENDATION MADE BY THE COMMISSION ESTABLISHED BY THE CONVENTION AND THAT IT CONSTITUTED AN APPROPRIATE CONSERVATION MEASURE .
24 AS REGARDS THE ALLOCATION OF THE TOTAL ALLOWABLE CATCH , IT MUST IN THE FIRST PLACE BE BORNE IN MIND THAT THE CATCH-QUOTA ALLOCATED TO THE FAEROE ISLANDS WAS , AS IS APPARENT FROM COUNCIL REGULATION ( EEC ) NO 1848/78 OF 25 JULY 1978 ( OFFICIAL JOURNAL 1978 , L 211 , P . 6 ) THE RESULT OF A FRAMEWORK AGREEMENT ON FISHERIES SIGNED BY THE COMMUNITY ON THE ONE HAND AND BY THE GOVERNMENT OF DENMARK AND THE LOCAL ADMINISTRATION OF THE FAEROE ISLANDS ON THE OTHER , AND OF CONSULTATIONS WHICH TOOK