REGULATION IS ADOPTED IN ACCORDANCE WITH THE PROCEDURE FOLLOWED FOR REGULATION NO 170/83 .
18 PENDING SUCH A REVIEW THE COUNCIL HAS INTRODUCED A DEGREE OF FLEXIBILITY INTO THE SYSTEM . UNDER ARTICLE 5 ( 1 ) OF REGULATION NO 170/83 THE MEMBER STATES MAY NOW EXCHANGE ALL OR PART OF THE QUOTAS ALLOCATED TO THEM . THAT POSSIBILITY HAS ALREADY BEEN USED . FOR EXAMPLE, IN 1985 AND 1986, THE UNITED KINGDOM TRANSFERRED PART OF ITS PLAICE QUOTA TO THE NETHERLANDS .
19 MOREOVER, ACCORDING TO THE EXPLANATIONS WHICH WERE GIVEN TO THE COURT BY THE COMMISSION AND HAVE NOT BEEN DISPUTED, THE REASON WHY THE OTHER MEMBER STATES RECEIVED QUOTAS WHICH EXCEEDED THEIR NEEDS AND WERE NOT EXHAUSTED WAS THAT THE TAC FOR PLAICE WAS FIXED IN 1985 AT A LEVEL HIGHER THAN WAS DESIRABLE FROM THE BIOLOGICAL POINT OF VIEW IN ORDER TO MAKE ADDITIONAL QUANTITIES AVAILABLE TO THE NETHERLANDS FISHING FLEET THROUGH THE APPLICATION OF THE PERCENTAGE ALLOCATED TO THE NETHERLANDS IN ACCORDANCE WITH THE REQUIREMENT OF RELATIVE STABILITY .
20 IN THOSE CIRCUMSTANCES, THE COUNCIL CANNOT BE REGARDED AS HAVING DISREGARDED THE REQUIREMENT OF RELATIVE STABILITY LAID DOWN IN REGULATION NO 170/83 BY GRANTING TO THE MEMBER STATES IN REGULATION NO 1/85 THE SAME PERCENTAGE OF THE VOLUME OF CATCHES AVAILABLE TO THE COMMUNITY AS THOSE LAID DOWN IN COUNCIL REGULATION NO 172/83 OF 25 JANUARY 1983 ( OFFICIAL JOURNAL 1983, L 24, P . 30 ), COUNCIL REGULATION NO 3624/83 OF 20 DECEMBER 1983 ( OFFICIAL JOURNAL 1983, L 365, P . 10 ) AND COUNCIL REGULATION NO 320/84 OF 31 JANUARY 1984 ( OFFICIAL JOURNAL 1984, L*37, P.*11 ).
21 AFTER SETTING FORTH THE ARGUMENT INVOKED BY MR ROMKES TO THE EFFECT THAT REGULATION NO 1/85 IS IN BREACH OF ARTICLES 39, 7 AND 30 OF THE EEC TREATY, THE NATIONAL COURT RAISES THE FURTHER QUESTION IN ITS ORDER FOR REFERENCE WHETHER THE ALLOCATION OF QUOTAS PROVIDED FOR IN REGULATION NO 1/85 ENTAILS RESTRICTIONS ON NETHERLANDS FISHERMEN WHICH HINDER TRADE AND WHICH ARE NOT NECESSARY FOR THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA .
22 AS FAR AS THE COMPATIBILITY OF REGULATION NO 1/85 WITH ARTICLE 39 OF THE TREATY IS CONCERNED, IT MUST BE NOTED THAT ONE OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY REFERRED TO IN ARTICLE 39 OF THE TREATY IS TO STABILIZE MARKETS . BY RESTRICTING IN THE SHORT TERM THE QUANTITIES OF FISH WHICH MAY BE CAUGHT, THE FIXING OF FISHING QUOTAS ENABLES CERTAIN SPECIES OF FISH TO BE CONSERVED AND THUS CONTRIBUTES TO THE STABILIZATION OF THE MARKETS IN THE LONG TERM . SUCH A SYSTEM ALSO SERVES TO ENSURE OPTIMUM UTILIZATION OF THE FACTORS OF PRODUCTION, WHICH IS ANOTHER OBJECTIVE MENTIONED IN ARTICLE 39 OF THE TREATY, SINCE WITHOUT ANY SUCH SYSTEM, CERTAIN RESOURCES OF THE SEA WOULD RAPIDLY BECOME EXHAUSTED AND THE OPTIMUM UTILIZATION OF THE FACTORS OF PRODUCTION WOULD THUS BECOME IMPOSSIBLE TO ACHIEVE IN THE LONG TERM .
23 AS