8164 ), ACCORDING TO WHICH UNILATERAL CONSERVATION MEASURES MAY NOT BE ADOPTED WITHOUT PRIOR CONSULTATION AND MUST NOT BE DISCRIMINATORY IN CHARACTER .
7 IT WAS IN ORDER TO DEAL WITH THOSE ARGUMENTS THAT THE NATIONAL COURTS REFERRED TO THE COURT OF JUSTICE THE QUESTION OF THE VALIDITY OF REGULATIONS NOS 1744/78 AND 1719/80 AND THE ENFORCEABILITY THEREOF AGAINST SPANISH NATIONALS .
8 THE SCHEME FOR THE CONSERVATION OF THE RESOURCES OF THE SEA WAS ESTABLISHED BY THE COMMUNITY AT A TIME WHEN INTERNATIONAL LAW IN RELATION TO FISHING WAS UNDERGOING PROFOUND CHANGES . IT WAS IN ORDER TO TAKE INTO ACCOUNT THE GENERAL DEVELOPMENT OF INTERNATIONAL LAW AT THAT TIME THAT THE MEMBER STATES DECIDED , BY CONCERTED ACTION AGREED UPON WITHIN THE COUNCIL , TO EXTEND THEIR FISHING LIMITS TO 20 MILES FROM THE BASELINES . BY A RESOLUTION OF 3 NOVEMBER 1976 ON CERTAIN EXTERNAL ASPECTS OF THE CREATION OF A 200-MILE FISHING ZONE IN THE COMMUNITY WITH EFFECT FROM 1 JANUARY 1977 ( PUBLISHED IN OFFICIAL JOURNAL 1981 , C 105 , P . 1 ), THE COUNCIL , HAVING STRESSED THE NEED FOR IMMEDIATE ACTION BY THE COMMUNITY TO PROTECT THE LEGITIMATE INTERESTS IN THE SEA AREAS MOST THREATENED AS A RESULT OF THE EXTENSION OF FISHING LIMITS BY NON-MEMBER COUNTRIES , DECIDED THAT AS FROM 1 JANUARY 1977 THE EXPLOITATION OF FISHERY RESOURCES IN THOSE AREAS BY FISHING VESSELS OF NON-MEMBER COUNTRIES WAS TO BE GOVERNED BY AGREEMENTS BETWEEN THE COMMUNITY AND THE NON-MEMBER COUNTRIES CONCERNED .
9 IN THE SAME RESOLUTION , THE COUNCIL INSTRUCTED THE COMMISSION TO START NEGOTIATIONS IMMEDIATELY WITH THE NON-MEMBER COUNTRIES AFFECTED BY THE COMMUNITY CONSERVATION WITH THE INTERESTS OF FISHERMEN TRADITIONALLY OPERATING IN THE WATERS IN QUESTION . NEGOTIATIONS BETWEEN THE COMMISSION AND SPAIN WERE COMMENCED ON 3 DECEMBER 1979 . THEY LED TO THE AGREEMENT ON FISHERIES BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF SPAIN , WHICH WAS INITIALLED ON 23 SEPTEMBER 1978 AND SIGNED ON 15 APRIL 1980 ( OFFICIAL JOURNAL 1980 , C 263 , P . 1 ).
10 PENDING THE OUTCOME OF THOSE NEGOTIATIONS , AND TO MEET AN URGENT NEED , THE COMMUNITY , AS SOON AS IT HAD DEFINED ITS CONSERVATION POLICY , ADOPTED A NUMBER OF INTERIM PROVISIONS APPLICABLE FOR SHORT PERIODS , EXTENDING THE COMMUNITY SYSTEM OF CATCH QUOTAS TO ALL FISHERMEN OF NON-MEMBER COUNTRIES , INCLUDING THE SPANISH .
11 PURSUANT TO ARTICLE 228 OF THE EEC TREATY , THE AGREEMENT WAS APPROVED ON BEHALF OF THE COMMUNITY BY THE ADOPTION OF COUNCIL REGULATION ( EEC ) NO 3062/80 OF 25 NOVEMBER 1980 ( OFFICIAL JOURNAL 1980 , L 322 , P . 3 ). THE AGREEMENT ENTERED INTO FORCE ON 22 MAY 1981 ( OFFICIAL JOURNAL 1981 , L 204 , P . 34 ); IT WAS APPLIED PROVISIONALLY , PURSUANT TO ARTICLE 12 THEREOF , BY THE COMMUNITY AND SPAIN AS FROM THE DATE OF SIGNATURE .
12 THE AGREEMENT ALLOWS EACH OF THE