LONGER ENTITLED TO EXERCISE ANY POWER OF THEIR OWN IN THIS MATTER AND MAY HENCEFORTH ONLY ACT AS TRUSTEES OF THE COMMON INTEREST , IN THE ABSENCE OF APPROPRIATE ACTION ON THE PART OF THE COUNCIL .
7 THE COURT CONSEQUENTLY HELD THAT , IN A SITUATION CHARACTERIZED BY THE INACTION OF THE COUNCIL AND BY THE MAINTENANCE , IN PRINCIPLE , OF THE CONSERVATION MEASURES IN FORCE THE MEMBER STATES HAVE AN OBLIGATION TO UNDERTAKE DETAILED CONSULTATIONS WITH THE COMMISSION AND TO SEEK ITS APPROVAL IN GOOD FAITH AND ALSO A DUTY NOT TO LAY DOWN NATIONAL CONSERVATION MEASURES IN SPITE OF OBJECTIONS , RESERVATIONS OR CONDITIONS WHICH MAY BE FORMULATED BY THE COMMISSION .
8 AS REGARDS THE BELGIAN ROYAL DECREE OF 23 APRIL 1979 , IT IS APPARENT FROM THE COMMUNICATION FROM THE COMMISSION , PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF 4 JUNE 1980 , ( C 133 , P . 2 ), THAT THE COMMISSION WAS CONSULTED CONCERNING THAT DECREE ON 12 JANUARY AND 6 APRIL 1979 AND THAT IT WAS APPROVED BY THE COMMISSION ON 12 JULY 1979 . IT FOLLOWS THEREFORE THAT THE DECREE WAS ADOPTED IN CONFORMITY WITH THOSE OBLIGATIONS OF THE MEMBER STATES AS DESCRIBED ABOVE .
9 HOWEVER , IT IS CLEAR FROM THE INFORMATION GIVEN BY THE COMMISSION THAT THE ROYAL DECREE OF 20 DECEMBER 1979 WAS NOT THE SUBJECT OF CONSULTATION . A NATIONAL MEASURE ADOPTED UNDER THOSE CONDITIONS DOES NOT COMPLY WITH THE ABOVE-MENTIONED OBLIGATIONS .
10 THE NATIONAL COURT ALSO ASKS WHETHER THE MEMBER STATES ARE ENTITLED TO ENFORCE COMPLIANCE WITH SUCH NATIONAL PROVISIONS IN THE ZONE COMING WITHIN THEIR JURISDICTION .
11 IN THAT RESPECT THE COURT HAS ALREADY HELD , MOST RECENTLY IN ITS JUDGMENT OF 16 DECEMBER 1981 IN CASE 269/80 ROBERT TYMEN ( 1981 ) ECR ( NON-PUBLISHED ), THAT WHERE CRIMINAL PROCEEDINGS ARE BROUGHT BY VIRTUE OF A NATIONAL MEASURE WHICH IS HELD TO BE CONTRARY TO COMMUNITY LAW , A CONVICTION IN THOSE PROCEEDINGS IS LIKEWISE INCOMPATIBLE WITH COMMUNITY LAW . ON THE CONTRARY , IT IS FOR THE MEMBER STATE TO ENFORCE COMPLIANCE IN THE ZONE COMING WITHIN ITS JURISDICTION WITH THOSE MEASURES ADOPTED BY IT IN CONFORMITY WITH ITS COMMUNITY OBLIGATIONS .
12 THE REPLY TO THE FIRST QUESTION MUST ACCORDINGLY BE THAT , AFTER THE EXPIRY OF THE PERIOD REFERRED TO IN ARTICLE 102 OF THE ACT OF ACCESSION , A MEMBER STATE DOES NOT HAVE POWER TO ADOPT AND BRING INTO FORCE , WITHOUT APPROPRIATE PRIOR CONSULTATION WITH THE COMMISSION AND IN SPITE OF OBJECTIONS , RESERVATIONS OR CONDITIONS FORMULATED BY THE COMMISSION , FISHERY CONSERVATION MEASURES OF THE KIND CONTAINED IN THE BELGIAN ROYAL DECREES OF 23 APRIL AND 20 DECEMBER 1979 ADOPTING MEASURES FOR THE PROTECTION OF RESOURCES IN FISH , CRUSTACEANS AND MOLLUSCS , AND THAT THE MEMBER STATE IS NOT ENTITLED TO ENFORCE COMPLIANCE WITH SUCH MEASURES IN THE ZONE COMING WITHIN ITS JURISDICTION , IF THE MEASURES HAVE