EMPOWER A MEMBER STATE TO ADOPT, EVEN AFTER THE ENTRY INTO FORCE OF THAT REGULATION, TECHNICAL MEASURES FOR ITS FISHING INDUSTRY GOING BEYOND THE MINIMUM REQUIREMENTS OF THAT REGULATION?
2 . IS A MEASURE REQUIRING NETHERLAND FISHERMEN TO OBSERVE A MINIMUM SIZE OF 27*CM FOR PLAICE COMPATIBLE WITH COMMUNITY LAW AND IN CONFORMITY WITH THE COMMON FISHERIES POLICY?"
8 FOR A FULLER ACCOUNT OF THE FACTS, THE RELEVANT PROVISIONS OF COMMUNITY LAW AND A SUMMARY OF THE OBSERVATIONS SUBMITTED BY THE NETHERLANDS GOVERNMENT, THE FRENCH GOVERNMENT AND THE COMMISSION, REFERENCE IS MADE TO THE REPORT FOR THE HEARING .
THE FIRST QUESTION
9 AS REGARDS THE FIRST QUESTION, THE NATIONAL COURT EXPLAINS IN ITS ORDER FOR REFERENCE THAT IT IS UNCERTAIN WHETHER ARTICLE 20 ( 1 ) OF REGULATION NO 171/83 SHOULD BE INTERPRETED AS MEANING THAT IT ALLOWS ONLY STRICTER NATIONAL RULES IN FORCE AT THE TIME OF THE ADOPTION OF THAT REGULATION TO BE MAINTAINED OR THAT IT ALSO ALLOWS A MEMBER STATE TO ADOPT SUCH RULES IN THE FUTURE .
10 IT SHOULD BE POINTED OUT FIRST OF ALL IN THIS REGARD THAT THE WORDING OF ARTICLE 20 ( 1 ) OF REGULATION NO 171/83 MAKES NO DISTINCTION BETWEEN NATIONAL TECHNICAL MEASURES IN EXISTENCE WHEN THAT REGULATION WAS ADOPTED AND MEASURES ADOPTED LATER .
11 IT MUST ALSO BE POINTED OUT THAT AN OBLIGATION TO NOTIFY NATIONAL MEASURES ON FISHING WAS ALREADY PROVIDED FOR IN REGULATION NO 101/76 . THE FACT THAT THE SAME OBLIGATION IS LAID DOWN IN ARTICLE 20 ( 2 ) OF REGULATION NO 171/83 THEREFORE SHOWS THAT THE NATIONAL MEASURES ENVISAGED THEREIN MAY HAVE BEEN ADOPTED AFTER THE ENTRY INTO FORCE OF THAT REGULATION SINCE MEASURES ALREADY IN EXISTENCE HAD TO BE NOTIFIED IN ACCORDANCE WITH REGULATION NO 101/76 .
12 IT MUST THEREFORE BE CONCLUDED THAT ARTICLE 20 ( 1 ) OF REGULATION NO 171/83 MUST BE INTERPRETED AS MEANING THAT THE WORDS "NATIONAL MEASURES" MEAN ANY NATIONAL MEASURES, IRRESPECTIVE OF THE DATE ON WHICH THEY WERE ADOPTED .
THE SECOND QUESTION
13 IN ITS SECOND QUESTION THE NATIONAL COURT IS ESSENTIALLY ASKING WHETHER A NATIONAL MEASURE PROHIBITING THE FISHERMEN OF THE MEMBER STATE WHICH ADOPTED IT FROM CATCHING FISH SMALLER THAN A MINIMUM SIZE WHICH IS DIFFERENT FROM THAT APPLYING IN THE OTHER MEMBER STATES IS COVERED BY ARTICLE 20 ( 1 ) OF REGULATION NO*171/83 .
14 IN THIS REGARD, IT MUST BE POINTED OUT FIRST OF ALL THAT THE FACT THAT ARTICLE 20 ( 1 ) OF REGULATION NO 171/83 ALLOWS THE MEMBER STATES TO ADOPT TECHNICAL MEASURES STRICTER THAN THOSE LAID DOWN IN THE REGULATION IMPLIES THAT THOSE MEASURES MAY DIFFER FROM ONE MEMBER STATE TO ANOTHER .
15 SECONDLY, STRICTER NATIONAL REQUIREMENTS ARE ALLOWED UNDER ARTICLE 20 ( 1 ) ONLY IF THOSE REQUIREMENTS APPLY ONLY TO THE FISHERMEN OF THE MEMBER STATE CONCERNED .
16 THIRDLY, THE NATIONAL MEASURES ALLOWED UNDER ARTICLE 20 ( 1 ) MUST BE INTENDED TO ENSURE BETTER MANAGEMENT OR BETTER USE