ATTACH A CONDITION TO THE LICENCE REQUIRING THAT AT LEAST 75% OF THE CREW MUST BE EEC NATIONALS . HOWEVER, THE MINISTER WAS EMPOWERED TO EXEMPT PARTICULAR CLASSES OF FISHING BOAT FROM THE LICENSING REQUIREMENT, AND HE EXERCISED THAT POWER BY EXEMPTING BOATS UNDER 65 FEET IN LENGTH .
4 THE PLAINTIFF IN THE MAIN PROCEEDINGS WAS GRANTED A LICENCE FOR THE PERIOD FROM 17 AUGUST 1984 TO 17 AUGUST 1985, TO WHICH THE AFORESAID CONDITION CONCERNING THE NATIONALITY OF ITS BOAT CREWS WAS ATTACHED . IT WAS UNABLE TO COMPLY WITH THAT CONDITION, THERE BEING NO IRISH WORKERS AVAILABLE, AND IT USED CREWS CONSISTING MAINLY OF SPANISH FISHERMEN . CRIMINAL PROCEEDINGS WERE BROUGHT AGAINST IT, IN THE COURSE OF WHICH IT CONTENDED THAT THE IRISH LEGISLATION WAS CONTRARY TO THE AFORESAID PROVISIONS OF THE ACT OF ACCESSION AND THE COMMUNITY REGULATIONS CITED ABOVE .
5 CONSIDERING THAT AN INTERPRETATION OF THOSE PROVISIONS OF COMMUNITY LAW WAS NECESSARY, THE HIGH COURT OF IRELAND STAYED THE PROCEEDINGS AND REQUESTED THE COURT TO GIVE A PRELIMINARY RULING ON THE FOLLOWING QUESTIONS :
"1 . WHETHER ARTICLES 100 AND 102 OF THE ACT OF ACCESSION 1972, ARTICLES 1 AND 2 ( 1 ) OF REGULATION ( EEC ) NO 101/76 AND ARTICLE 6 OF REGULATION ( EEC ) NO 170/83 PRECLUDE A MEMBER STATE FROM ENACTING LEGISLATION REQUIRING A MINIMUM PROPORTION OF THE CREWS OF VESSELS FISHING WITHIN THE EXCLUSIVE FISHERY LIMITS OF THE STATE TO BE EEC NATIONALS .
2 . WHETHER SUCH LEGISLATION CONTRAVENES ARTICLE 7 OF THE TREATY OF ROME AS PROVIDING FOR DISCRIMINATION ON GROUNDS OF NATIONALITY ."
6 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED ACCOUNT OF THE BACKGROUND TO THE DISPUTE IN THE MAIN PROCEEDINGS AND THE WRITTEN OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
FIRST QUESTION
7 AS IS CLEAR FROM THE ORDER FOR REFERENCE, THE FIRST QUESTION REFERS TO THE LEGISLATION OF A MEMBER STATE CONCERNING FISHING VESSELS REGISTERED IN THAT MEMBER STATE .
8 ARTICLE 100 OF THE ACT OF ACCESSION PROVIDES THAT "NOTWITHSTANDING THE PROVISIONS OF ARTICLE 2 OF REGULATION ( EEC ) NO 2141/70 ON THE ESTABLISHMENT OF A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY, THE MEMBER STATES OF THE COMMUNITY ARE AUTHORIZED, UNTIL 31 DECEMBER 1982, TO RESTRICT FISHING IN WATERS UNDER THEIR SOVEREIGNTY OR JURISDICTION, SITUATED WITHIN A LIMIT OF SIX NAUTICAL MILES, CALCULATED FROM THE BASELINES OF THE COASTAL MEMBER STATE, TO VESSELS WHICH FISH TRADITIONALLY IN THOSE WATERS AND WHICH OPERATE FROM PORTS IN THAT GEOGRAPHICAL COASTAL AREA ". ARTICLE 6 OF REGULATION ( EEC ) NO 170/83 INCREASED THE LIMIT OF SIX NAUTICAL MILES TO TWELVE NAUTICAL MILES AND EXTENDED THE TRANSITIONAL PERIOD UNTIL 31 DECEMBER 1992 .
9 IT SHOULD BE NOTED THAT THE SOLE PURPOSE OF THOSE PROVISIONS IS TO PERMIT A MEMBER STATE TO DEROGATE FROM THE PRINCIPLE THAT