WHICH WAS ENTIRELY AT THE DISCRETION OF THE UNITED KINGDOM AND ISLE OF MAN AUTHORITIES .
46 IT APPEARS THEREFORE THAT THE UNITED KINGDOM HAS NOT , BY BRINGING INTO FORCE THAT LICENSING SYSTEM , ENTIRELY FULFILLED ITS OBLIGATIONS UNDER THE ABOVE-MENTIONED PROVISIONS IN CONJUNCTION WITH ARTICLE 4 OF REGULATION NO 1779/77 . IN ORDER TO SAFEGUARD THE RIGHTS AND INTERESTS PROTECTED BY COMMUNITY LAW FOR OTHER MEMBER STATES AND THEIR NATIONALS IT WAS NECESSARY TO LAY DOWN AND PUBLISH ALL THE DETAILED RULES FOR THE IMPLEMENTATION OF THE SYSTEM CHOSEN BY THE BRITISH AUTHORITIES FOR THE IMPLEMENTATION OF REGULATION NO 1779/77 SO AS TO ENABLE ALL MEMBER STATES AND ALL PERSONS CONCERNED , IN THE SAME WAY AS THE COMMUNITY AUTHORITIES , TO SEE WHETHER THE SYSTEM PUT INTO OPERATION FULFILLED BOTH THE UNITED KINGDOM ' S OBLIGATIONS UNDER THE RELEVANT REGULATION , REGULATION NO 1799/77 , AND THE GENERAL REQUIREMENTS OF NON-DISCRIMINATION AND EQUALITY AS REGARDS THE CONDITIONS OF ACCESS TO THE FISHING GROUNDS ENSHRINED IN ARTICLE 2 OF REGULATION NO 101/76 AND ARTICLE 7 OF THE EEC TREATY . THIS OBLIGATION TO INTRODUCE IMPLEMENTING MEASURES WHICH ARE EFFECTIVE IN LAW AND WITH WHICH THOSE CONCERNED MAY READILY ACQUAINT THEMSELVES IS PARTICULARLY NECESSARY WHERE SEA FISHERIES ARE CONCERNED , WHICH MUST BE PLANNED AND ORGANIZED IN ADVANCE ; THE REQUIREMENT OF LEGAL CLARITY IS INDEED IMPERATIVE IN A SECTOR IN WHICH ANY UNCERTAINTY MAY WELL LEAD TO INCIDENTS AND THE APPLICATION OF PARTICULARLY SERIOUS SANCTIONS .
47 IT FOLLOWS FROM THE FOREGOING THAT THE UNITED KINGDOM WAS IN BREACH OF THE RULES OF COMMUNITY LAW AS LONG AGO AS THE 1977 SEASON BY NOT SECURING THE IMPLEMENTATION OF REGULATION NO 1779/77 BY MEANS OF MEASURES LEGALLY DETERMINED AND PUBLISHED AND BY FAILING TO COMMUNICATE ANY INFORMATION OR , AT LEAST , SUFFICIENTLY PRECISE INFORMATION ON ITS ACTIONS IN THIS RESPECT BOTH TO THE COMMISSION AND TO OTHER MEMBER STATES DIRECTLY CONCERNED .
THE ARRANGEMENTS APPLICABLE IN 1978
48 AS REGARDS THE PROVISIONS IN FORCE DURING 1978 , IT IS NECESSARY TO POINT OUT FIRST OF ALL THAT THE UNITED KINGDOM HAS ALLOWED COMPLETE UNCERTAINTY TO CONTINUE TO EXIST AS TO THE SYSTEM OF CONSERVATION MEASURES APPLIED IN THE ZONE IN QUESTION , IN SPITE OF REPEATED REQUESTS BY THE COMMISSION FOR PRECISE INFORMATION BINDING UPON THE UNITED KINGDOM . IN PARTICULAR , THE NOTIFICATION OF 17 AUGUST 1978 BEFORE BRINGING IN FORCE THE IRISH SEA HERRING ( PROHIBITION OF FISHING ) ORDER 1978 , S.I . 1978 NO 1374 ON 20 SEPTEMBER 1978 DID NOT FULFIL THE REQUIREMENTS LAID DOWN IN ANNEX VI TO THE HAGUE RESOLUTION . IN FACT , IN VIEW OF THE LONG PERIOD OF INACTIVITY BEFORE THAT NOTIFICATION , THE FACT THAT THE COMMISSION WAS SUDDENLY CONSULTED ON 17 AUGUST ABOUT MEASURES INTENDED TO BE BROUGHT INTO FORCE , ACCORDING TO THE COMMUNICATION , FOUR DAYS LATER , CANNOT BE CONSIDERED TO BE A PROCEDURE COMPLYING WITH THAT RESOLUTION . THIS IS ALL THE