PERMITTED TO TAKE FROM THAT STOCK AN ADDITIONAL CATCH OF 400 TONNES , IRRESPECTIVE OF THE PERIOD AT WHICH THIS WAS DONE , COMPROMISES A CONSERVATION NEED THE ACTUAL EXISTENCE AND SERIOUSNESS OF WHICH ARE BEYOND ALL QUESTION . SINCE THE MEASURE CLOSING THE FISHERY ADOPTED IN SEPTEMBER 1978 WAS ALREADY BELATED , IN VIEW OF THE SITUATION WHICH HAD BEEN ASCERTAINED , THIS ADDITIONAL CONCESSION CANNOT BE JUSTIFIED EITHER AS AN ' ' INTERIM MEASURE ' ' . AS THE COMMISSION HAS CORRECTLY OBSERVED IN THE REASONED OPINION , IT WOULD HAVE BEEN POSSIBLE TO ADOPT INTERIM MEASURES IN FAVOUR OF THE FISHERMEN IN QUESTION , AS FOR OTHER FISHERMEN IN THE COMMUNITY , IF THE UNITED KINGDOM HAD RAISED THIS QUESTION IN DUE TIME WITHIN A COMMUNITY PROCEDURE AND IN ACCORDANCE WITH THE PRINCIPLES RECALLED ABOVE . IN THIS INSTANCE , IT IS CLEAR THAT THE PURPOSE AND EFFECT OF RESERVING THAT CONCESSION TO FISHING BOATS OF UNDER 35 FEET REGISTERED LENGTH WAS TO RESERVE TO THE COASTAL FISHERY OF THE MEMBER STATE IN QUESTION A MEASURE WHICH WAS IN ITSELF INCOMPATIBLE WITH RECOGNIZED CONSERVATION NEEDS . THE COURT WOULD REFER IN THIS CONNEXION TO THE CONSIDERATIONS SET OUT IN PARAGRAPHS 69 TO 80 OF ITS DECISION IN THE JUDGMENT OF 16 FEBRUARY 1978 ( COMMISSION OF THE EUROPEAN COMMUNITIES V IRELAND ), SUPRA , WHICH RELATE TO A SIMILAR MEASURE .
28 FINALLY , IT IS NECESSARY TO OBSERVE THAT THE PROCEDURE USED IN THIS INSTANCE BY THE UNITED KINGDOM WAS NOT IN ACCORDANCE WITH THE REQUIREMENTS LAID DOWN IN ANNEX VI TO THE HAGUE RESOLUTION . THE FACT THAT A DRAFT MEASURE , THE DETAILS OF WHICH CLEARLY RAISED PROBLEMS FROM THE POINT OF VIEW OF COMMUNITY LAW , WAS SUBMITTED TO THE COMMISSION AT A DAY ' S NOTICE AFTER A LONG PERIOD DURING WHICH THE UNITED KINGDOM HAD FAILED TO ACT CANNOT BE CONSIDERED AS BEING IN ACCORDANCE WITH THE DUTIES LAID DOWN IN ANNEX VI TO THE HAGUE RESOLUTION WHICH REQUIRES THAT THE COMMISSION SHOULD BE CONSULTED AT ALL STAGES OF THE DRAWING-UP OF PROPOSED MEASURES ALLOWING FOR THE NECESSARY TIME TO STUDY THOSE MEASURES AND TO GIVE ITS OPINION IN GOOD TIME . IN THE CIRCUMSTANCES , THE METHODS ADOPTED BY THE BRITISH GOVERNMENT AMOUNT TO A FAIT ACCOMPLI AND CANNOT THEREFORE BE CONSIDERED TO BE IN ACCORDANCE WITH THE REQUIREMENTS OF COMMUNITY LAW .
29 FOR ALL THESE REASONS , IT IS THEREFORE NECESSARY TO DECLARE THAT BOTH BECAUSE OF THE PROCEDURE USED AND BECAUSE OF THE EXEMPTION ATTACHED TO THE PROHIBITION INTRODUCED ON 20 SEPTEMBER 1978 THE UNITED KINGDOM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .
THE ISLE OF MAN AND NORTHERN IRISH SEA FISHERY
30 THE FISHING ZONE IN QUESTION , WHICH CORRESPONDS TO DIVISION VII ( A ) DEFINED BY THE INTERNATIONAL COUNCIL FOR THE EXPLORATION OF THE SEA , THE EXACT BOUNDARIES OF WHICH ARE IRRELEVANT FOR THE SOLUTION OF THE DISPUTE , IS