, WHETHER THE COMMUNITY ALONE HAS AUTHORITY TO ENTER INTO COMMITMENTS SUCH AS HAVE JUST BEEN DESCRIBED ;
- ON THE INTERNAL COMMUNITY LEVEL , WHETHER NATIONAL MEASURES SUCH AS THOSE ADOPTED BY THE NETHERLANDS , WHICH MEASURES WILL HEREINAFTER BE REFERRED TO AS ' FIXING OF CATCH QUOTAS ' , ARE COMPATIBLE WITH COMMUNITY LAW EITHER AS REGARDS THE ALLOCATION OF AUTHORITY BETWEEN THE COMMUNITY AND ITS MEMBER STATES , OR AS REGARDS THE PROHIBITION ON JEOPARDIZING THE OBJECTIVES OR THE FUNCTIONING OF THE COMMUNITY RULES ON THE FISHING INDUSTRY , OR FINALLY AS REGARDS THE PROHIBITION ON MEASURES HAVING AN EFFECT EQUIVALENT TO THAT OF A QUANTITATIVE RESTRICTION IN TRADE BETWEEN MEMBER STATES .
10 THE FOURTH QUESTION ASKS WHETHER ARTICLES 30 , 31 AND 34 OF THE TREATY , LAYING DOWN THE LATTER PROHIBITION , ARE DIRECTLY APPLICABLE IN THE MEMBER STATES .
11 THESE DIFFERENT QUESTIONS SHOULD BE APPROACHED IN THE ORDER INDICATED ABOVE .
I - THE EXTERNAL AUTHORITY OF THE COMMUNITY AND OF THE MEMBER STATES RESPECTIVELY
12 THE SECOND QUESTION ASKED BY THE NATIONAL COURTS RELATES TO ' THE POWER TO CONCLUDE AGREEMENTS ' .
13 IT SHOULD HOWEVER BE MADE CLEAR THAT THE NATIONAL MEASURES IN DISPUTE WERE ADOPTED WITH THE AIM OF CARRYING OUT OBLIGATIONS ARISING FROM A BINDING RECOMMENDATION OF THE FISHERIES COMMISSION , THUS FROM AN INSTRUMENT ENACTED BY AN INTERNATIONAL BODY .
14 HENCE , THIS QUESTION MUST BE UNDERSTOOD AS RELATING TO THE AUTHORITY OF THE COMMUNITY AND OF THE MEMBER STATES , IN THE AREA OF THE FIXING OF CATCH QUOTAS , TO PARTICIPATE IN THE WORKING OUT OF DECISIONS BY SUCH A BODY AND TO ASSUME INTERNATIONAL COMMITMENTS WITHIN SUCH A FRAMEWORK .
15 ( 1 ) FOR THE PURPOSES OF THE ANSWER TO BE GIVEN TO THE NATIONAL COURTS , IT SHOULD FIRST BE CONSIDERED WHETHER THE COMMUNITY HAS AUTHORITY TO ENTER INTO SUCH INTERNATIONAL COMMITMENTS .
16 IN THE ABSENCE OF SPECIFIC PROVISIONS OF THE TREATY AUTHORIZING THE COMMUNITY TO ENTER INTO INTERNATIONAL COMMITMENTS IN THE SPHERE OF CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA , ONE MUST TURN TO THE GENERAL SYSTEM OF COMMUNITY LAW IN THE SPHERE OF THE EXTERNAL RELATIONS OF THE COMMUNITY .
17/18 ARTICLE 210 PROVIDES THAT ' THE COMMUNITY SHALL HAVE LEGAL PERSONALITY ' . THIS PROVISION , PLACED AT THE HEAD OF PART SIX OF THE TREATY , DEVOTED TO ' GENERAL AND FINAL PROVISIONS ' , MEANS THAT IN ITS EXTERNAL RELATIONS THE COMMUNITY ENJOYS THE CAPACITY TO ENTER INTO INTERNATIONAL COMMITMENTS OVER THE WHOLE FIELD OF OBJECTIVES DEFINED IN PART ONE OF THE TREATY , WHICH PART SIX SUPPLEMENTS .
19/20 TO ESTABLISH IN A PARTICULAR CASE WHETHER THE COMMUNITY HAS AUTHORITY TO ENTER INTO INTERNATIONAL COMMITMENTS , REGARD MUST BE HAD TO THE WHOLE SCHEME OF COMMUNITY LAW NO LESS THAN TO ITS SUBSTANTIVE PROVISIONS . SUCH AUTHORITY ARISES NOT ONLY FROM AN EXPRESS CONFERMENT BY THE TREATY , BUT MAY EQUALLY