IN VIEW OF THE FACT THAT THE SUBJECT-MATTER WAS WITHIN THE POWERS OF THE COMMUNITY .
7 THE MEASURES IN QUESTION WERE BROUGHT INTO FORCE ON 1 JULY 1979 .
8 ON 6 JULY 1979 THE COMMISSION SENT TO THE GOVERNMENT OF THE UNITED KINGDOM A LETTER NOTIFYING IT THAT IT WAS TAKING ACTION UNDER ARTICLE 169 OF THE TREATY . THE COMMISSION RECEIVED THE GOVERNMENT ' S OBSERVATIONS BY A LETTER DATED 31 JULY 1979 AND DELIVERED ITS REASONED OPINION ON THE ABOVE-MENTIONED STATUTORY INSTRUMENTS ON 3 AUGUST 1979 AND ON THE DISPUTE CONCERNING FISHING IN THE IRISH SEA AND THE WATERS ROUND THE ISLE OF MAN ON 2 OCTOBER 1979 .
9 THE PARTIES DO NOT DISPUTE THE FACT THAT THE STATUTORY INSTRUMENTS BROUGHT INTO FORCE ON 1 JULY 1979 BY THE UNITED KINGDOM ARE GENUINE CONSERVATION MEASURES AND THAT THEY CORRESPOND , AT LEAST IN PRINCIPLE , TO THE MEASURES PROPOSED AT THE SAME TIME BY THE COMMISSION TO THE COUNCIL AS REGARDS THE WHOLE OF THE SEA AREAS IN QUESTION . THE CRITICISMS MADE BY THE COMMISSION ARE BASED ON THE CONSIDERATION THAT MEASURES OF THIS TYPE CANNOT BE EFFECTIVELY ADOPTED EXCEPT FOR THE WHOLE OF THE COMMUNITY , THAT THE COUNCIL WOULD HAVE BEEN IN A POSITION TO ADOPT THEM IN THE FORM INTENDED BY THE TREATY IF THE UNITED KINGDOM HAD NOT ITSELF BLOCKED THE DECISION-MAKING PROCESS IN THE COUNCIL AND THAT BY UNILATERALLY ADOPTING THE MEASURES IN QUESTION THE UNITED KINGDOM HAS ENCROACHED UPON THE POWERS WHICH BELONG IN THEIR ENTIRETY , AS FROM 1 JANUARY 1979 , TO THE COMMUNITY . ACCORDING TO THE COMMISSION , IN THE CIRCUMSTANCES THE DISPUTED MEASURES COULD THEREFORE BE ADOPTED ONLY WITH ITS AUTHORIZATION .
10 IT IS ONLY IN THE ALTERNATIVE THAT THE COMMISSION HAS CONSIDERED THE SUBSTANCE OF THE VARIOUS MEASURES ADOPTED IN ORDER TO SHOW THAT , EVEN THOUGH THEY ARE GENUINE MEASURES OF CONSERVATION , THEIR ADOPTION HAS BREACHED THE PRINCIPLE OF THE EQUALITY OF TREATMENT OF ALL COMMUNITY FISHERMEN , EITHER AS REGARDS THE TIME AT WHICH THEY CAME INTO FORCE OR AS REGARDS THE DETAILED METHODS OF THEIR APPLICATION .
11 THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF IRELAND HAVE EXPRESSED THEIR SUPPORT FOR THE COMMISSION ' S CASE .
12 THE FRENCH GOVERNMENT RECALLS THAT FISHERIES AND MORE PRECISELY THE CONSERVATION OF MARINE SPECIES ARE COVERED BY THE POWERS EXPRESSLY TRANSFERRED TO THE COMMUNITY AND STRESSES THAT ON 31 DECEMBER 1978 ALL NATIONAL POWERS IN THE MATTER OF CONSERVATION MEASURES DISAPPEARED TOTALLY AND IRREVERSIBLY . A FUNDAMENTAL DISTINCTION MUST THEREFORE BE MADE , IN ACCORDANCE WITH THE EXISTING CASE-LAW OF THE COURT , BETWEEN THE PERIOD WHICH EXPIRED ON 31 DECEMBER 1978 AND THE ENSUING PERIOD . HENCEFORTH THE POWER TO ADOPT MEASURES FOR THE PROTECTION OF THE BIOLOGICAL RESOURCES OF THE SEA COMES WITHIN THE COMPETENCE OF THE COMMUNITY ALONE AND MORE PRECISELY OF THE COUNCIL . THE COUNCIL CANNOT , WITHOUT DISREGARDING THE PROVISIONS