THE CATCHES TAKEN IN THE INTERIM PERIOD WILL BE OFFSET AGAINST THE ALLOCATIONS EVENTUALLY DECIDED UPON BY THE COUNCIL FOR 1979 .
2 . AS REGARDS TECHNICAL MEASURES FOR THE CONSERVATION AND SURVEILLANCE OF FISHERY RESOURCES , MEMBER STATES SHALL APPLY THE SAME MEASURES AS THEY APPLIED ON 3 NOVEMBER 1976 , AND OTHER MEASURES TAKEN IN ACCORDANCE WITH THE PROCEDURES AND CRITERIA OF ANNEX VI TO THE COUNCIL RESOLUTION OF 3 NOVEMBER 1976 . ' '
3 BY A DECISION ( BESCHIKKING ) NO J 4569 ( NEDERLANDSE STAATSCOURANT ( NETHERLANDS OFFICIAL JOURNAL ) 1978-253 ) OF 28 DECEMBER 1978 , THE NETHERLANDS MINISTER OF AGRICULTURE AND FISHERIES LAID DOWN FOR 1979 INTERIM MEASURES ON THE LIMITATION OF CATCHES OF SEA FISH OTHER THAN SOLE AND PLAICE . THESE ARRANGEMENTS , WHICH WERE EXTENDED BY DECISION NO J 23451 OF 27 JUNE 1979 ( NEDERLANDSE STAATSCOURANT , 1979-124 ), WERE AMENDED BY DECISION NO J 3247 OF 27 AUGUST 1979 ( NEDERLANDSE STAATSCOURANT , 1979-167 ) PROHIBITING THE CATCHING AND UNLOADING OF COD IN A SPECIFIED ZONE . ON 25 JULY 1979 THE COMMISSION FOUND THAT THE INTERIM MEASURES THEREBY LAID DOWN BY THE NETHERLANDS AUTHORITIES WERE IN CONFORMITY WITH THE COUNCIL DECISIONS OF DECEMBER 1978 AND OF APRIL AND JUNE 1979 ( OFFICIAL JOURNAL 1980 C 133 , P . 4 ). ON 22 NOVEMBER 1979 IT FOUND THOSE MEASURES WERE IN CONFORMITY WITH THE COUNCIL DECISION OF OCTOBER 1979 ( OFFICIAL JOURNAL C 133 , P . 5 ).
4 IN OCTOBER 1979 A BOAT BELONGING TO THE VAN DAM UNDERTAKING CAUGHT AND UNLOADED COD IN THE PORT OF STELLENDAM ( NETHERLANDS ) IN BREACH OF THE DECISION OF 27 AUGUST 1979 . VAN DAM , AGAINST WHICH PROCEEDINGS WERE INSTITUTED ON THAT COUNT BEFORE THE ECONOMISCHE POLITIERECHTER , CONTENDED THAT THE NETHERLANDS MEASURES WERE CONTRARY TO COMMUNITY LAW . BEFORE GIVING FINAL JUDGMENT THE ECONOMISCHE POLITIERECHTER DECIDED TO SUBMIT THE FOLLOWING PRELIMINARY QUESTION TO THE COURT OF JUSTICE :
' ' ARE THE MEASURES ADOPTED FOR 1979 BY THE NETHERLANDS AUTHORITIES , SUCH AS THE REGULATIONS REFERRED TO IN THE SUMMONS , NAMELY THE DECISION LAYING DOWN FOR 1979 INTERIM MEASURES ON THE LIMITATION OF CATCHES OF SEA FISH OTHER THAN SOLE AND PLAICE ( BESCHIKKING VOORLOPIGE REGELING VANGSTBEPERKING ANDERE ZEEVISSOORTEN DAN TONG EN SCHOL 1979 ) ( NEDERLANDSE STAATSCOURANT 1979-124 ) AND THE DECISION ( BESCHIKKING ) OF 27 AUGUST 1979 UNDER NO J 3247 ( NEDERLANDSE STAATSCOURANT NO 167 OF 28 AUGUST 1979 ) BASED ON COMMUNITY LAW?
' '
5 ACCORDING TO THE DEFENDANT IN THE MAIN PROCEEDINGS , AT THE END OF THE TRANSITIONAL PERIOD PROVIDED FOR IN ARTICLE 102 OF THE ACT OF ACCESSION THERE WAS A LEGAL VACUUM REGARDING THE POLICY OF CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA WHICH THE DECISIONS OF THE COUNCIL DID NOT MAKE GOOD . FURTHERMORE , EVEN IF IT IS SUPPOSED THAT SUCH WAS THEIR OBJECTIVE THEY SHOULD HAVE BEEN ADOPTED IN THE