FOR VARIOUS SPECIES OF FISH IN 1985 . AS REGARDS PLAICE CAUGHT IN THE NORTH SEA, THAT VOLUME WAS FIXED AT 186*000 TONNES OF WHICH 71*540 TONNES WERE ALLOCATED TO THE NETHERLANDS ( 38.4 %).
8 THE NETHERLANDS QUOTA WAS DIVIDED BETWEEN THE VARIOUS NETHERLANDS FISHING ASSOCIATIONS BY THE BESCHIKKING REGELING CONTINGENTERING TONG EN SCHOL NOORDZEE ( QUOTA RULES FOR PLAICE AND SOLE ( NORTH SEA ) ORDER ) 1985 ( STAATSCOURANT NO 254 OF 31.12.1984 ), WHICH WAS ADOPTED BY THE NETHERLANDS STATE SECRETARY FOR AGRICULTURE AND FISHERIES . THAT ORDER EXPRESSLY STATES THAT IT WAS ADOPTED "IN ORDER TO IMPLEMENT THE PROVISIONS LAID DOWN BY OR UNDER REGULATION NO 170/83 ". ONE OF THE ASSOCIATIONS PARTICIPATING IN THE ALLOCATION OF THE QUOTA WAS THE PRODUCENTENORGANISATIE OOST TO WHICH MR ROMKES BELONGS .
9 ALTHOUGH HIS SHARE OF THE QUOTA OF THE PRODUCENTENORGANISATIE OOST HAD BEEN EXHAUSTED BY 12 OCTOBER 1985, MR ROMKES CONTINUED TO FISH FOR PLAICE IN THE NORTH SEA . THE OFFICIER VAN JUSTITIE FOR THE DISTRICT OF ZWOLLE CONSIDERED THAT MR ROMKES HAD THUS INFRINGED ARTICLE 7 ( 1 ) AND ARTICLE 8 ( 2 ) OF THE AFORESAID ORDER . ON 14 NOVEMBER 1985 THE OFFICIER VAN JUSTITIE THEN ADOPTED, ON THE BASIS OF THE WET OP DE ECONOMISCHE DELICTEN ( LAW ON ECONOMIC OFFENCES ), A PROVISIONAL MEASURE REQUIRING MR ROMKES TO CEASE FISHING FOR PLAICE IN ICES DIVISIONS IIA AND IV ( THAT IS TO SAY THE NORTH SEA ).
10 BY 29 NOVEMBER 1985 ALL THE QUOTA ALLOCATED TO THE NETHERLANDS HAD BEEN EXHAUSTED . AS FROM 30 NOVEMBER 1985 ALL NETHERLANDS FISHERMEN WERE ORDERED TO CEASE FISHING FOR PLAICE .
11 MR ROMKES MADE AN APPLICATION TO THE ARRONDISSEMENTSRECHTBANK, ZWOLLE, FOR THE ANNULMENT OF THE PROVISIONAL MEASURE TAKEN BY THE OFFICIER VAN JUSTITIE ON THE GROUND THAT THE AFORESAID ORDER WAS INVALID BECAUSE IT WAS ADOPTED IN IMPLEMENTATION OF REGULATION NO 1/85 WHICH WAS ITSELF INVALID .
12 IN VIEW OF THAT ARGUMENT THE ARRONDISSEMENTSRECHTBANK CONSIDERED THAT IT WAS NECESSARY TO ASK THE COURT OF JUSTICE WHETHER REGULATION NO 1/85 WAS VALID IN SO FAR AS IT CONCERNED THE ALLOCATION BETWEEN THE MEMBER STATES OF THE TOTAL ALLOWABLE CATCHES OF PLAICE IN ICES DIVISIONS IIA AND IV .
13 FOR A SUMMARY OF THE VIEWS OF THE ARRONDISSEMENTSRECHTBANK AND THE WRITTEN OBSERVATIONS SUBMITTED TO THE COURT BY MR ROMKES, THE NETHERLANDS GOVERNMENT, THE UNITED KINGDOM, THE COUNCIL AND THE COMMISSION, REFERENCE IS MADE TO THE REPORT FOR THE HEARING .
14 IN ITS ORDER FOR REFERENCE, THE ARRONDISSEMENTSRECHTBANK FIRST OBSERVES THAT THE REQUIREMENT OF RELATIVE STABILITY DOES NOT MEAN A GUARANTEE FOR EACH FLEET THAT IT WILL ALWAYS HAVE QUOTAS CORRESPONDING TO ITS CAPACITY . IT POINTS OUT, HOWEVER, THAT, ACCORDING TO THE SIXTH RECITAL OF THE PREAMBLE TO REGULATION NO*170/83, THE REQUIREMENT OF RELATIVE STABILITY MEANS THAT THE TEMPORARY BIOLOGICAL SITUATION OF FISH STOCKS SHOULD BE TAKEN INTO ACCOUNT IN THE FIXING OF QUOTAS . BETWEEN 1983 AND 1986,