IN THE JUDGMENTS MENTIONED ABOVE , NAMELY THAT PURSUANT TO THE OBLIGATIONS ARISING BOTH FROM THE EEC TREATY AND FROM THE ACT OF ACCESSION , THE COMMUNITY HAS POWER TO INTRODUCE FISHERY CONSERVATION MEASURES IN THE WATERS WITHIN THE JURISDICTION OF THE MEMBER STATES . THE PURPOSE OF ARTICLE 102 OF THE ACT OF ACCESSION , WHICH IS BASED ON THE RECOGNITION OF THE LEGAL SITUATION DESCRIBED ABOVE , IS TO OPEN , FOLLOWING THE CONSIDERABLE INCREASE IN THE MARITIME SECTOR AS A RESULT OF THE ENLARGEMENT OF THE COMMUNITY , A NEW TRANSITIONAL PERIOD WITHIN WHICH THE COUNCIL WAS REQUIRED TO INTRODUCE THE NECESSARY CONSERVATION MEASURES .
15 HOWEVER , IT IS NECESSARY TO EMPHASIZE THAT AS EARLY AS 1977 THE COUNCIL HAD EXERCISED ITS POWERS WITH REGARD TO ALL THE MARITIME ZONES AFFECTED BY THE APPLICATION . THE EFFECT OF THE COUNCIL ' S INABILITY TO REACH A DECISION TO EXTEND THE VALIDITY OF THESE MEASURES IN 1978 HAS NOT BEEN TO DEPRIVE THE COMMUNITY OF ITS POWERS IN THIS RESPECT AND THUS TO RESTORE TO THE MEMBER STATES FREEDOM TO ACT AT WILL IN THE FIELD IN QUESTION . IN SUCH A SITUATION , IT WAS FOR THE MEMBER STATES , AS REGARDS THE MARITIME ZONES COMING WITHIN THEIR JURISDICTION , TO TAKE THE NECESSARY CONSERVATION MEASURES IN THE COMMON INTEREST AND IN ACCORDANCE WITH BOTH THE SUBSTANTIVE AND THE PROCEDURAL RULES ARISING FROM COMMUNITY LAW , THE ESSENTIALS OF WHICH HAVE BEEN RECALLED ABOVE .
16 IT IS AGAINST THIS BACKGROUND THAT ONE MUST EXAMINE THE THREE HEADS OF THE APPLICATION LODGED BY THE COMMISSION .
THE MOURNE FISHERY
17 THE MOURNE FISHERY IS SITUATED IN A ZONE 12 MILES OFF THE EAST COAST OF IRELAND AND NORTHERN IRELAND . IT IS DIVIDED INTO THE UNITED KINGDOM FISHING ZONE AND THE IRISH FISHING ZONE AND HAS TRADITIONALLY BEEN AN AREA TO WHICH FISHERMEN OF BOTH MEMBER STATES HAD ACCESS . IT IS NOT IN DISPUTE THAT THE HERRING STOCKS IN THAT ZONE ARE IN DIRECT DANGER OF EXTINCTION . THIS SITUATION HAS BEEN ASCERTAINED BY THE INTERNATIONAL COUNCIL FOR THE EXPLORATION OF THE SEA AND IS RECOGNIZED BY ALL PARTIES .
18 IN VIEW OF THIS SITUATION , THE COUNCIL , BY ARTICLE 3 OF REGULATION NO 1672/77 OF 25 JULY 1977 LAYING DOWN INTERIM MEASURES FOR THE CONSERVATION AND MANAGEMENT OF CERTAIN HERRING STOCKS ( OFFICIAL JOURNAL L 186 , P . 27 ), HAD PROHIBITED DIRECT FISHING FOR HERRING IN THAT ZONE . THIS PROHIBITION HAD BEEN EXTENDED UNTIL 31 JANUARY 1978 BY REGULATION NO 2899/77 OF 21 DECEMBER 1977 ( OFFICIAL JOURNAL L 338 , P . 5 ). IN THE PROPOSALS WHICH IT HAD SUBMITTED TO THE COUNCIL FOR 1978 , THE COMMISSION HAD PROPOSED TO EXTEND THAT PROHIBITION THROUGHOUT 1978 . IT IS AN ESTABLISHED FACT THAT IMMEDIATELY AFTER THE FAILURE OF THE NEGOTIATIONS WITHIN THE COUNCIL IRELAND ADOPTED , WITH THE APPROVAL OF THE COMMISSION , PROVISIONS PROHIBITING ALL FISHING