IN SUBSTANCE SEEKS TO ESTABLISH WHETHER COMMUNITY LAW , IN PARTICULAR REGULATIONS NOS 170/83 , 1353/83 AND 3716/81 , MUST BE INTERPRETED AS PRECLUDING RULES ADOPTED BY A BODY BELONGING TO A TRADE ORGANIZATION OF A MEMBER STATE AND ENTRUSTED WITH DUTIES GOVERNED BY PUBLIC LAW WHICH , FOR THE PURPOSE OF REGULATING THE MARKETING OF HERRING , PROVIDE THAT ONLY FISHERMEN WHOSE VESSELS ARE EQUIPPED FOR SALTING AND GUTTING HERRING ON BOARD MAY RECEIVE A HERRING-FISHING LICENCE GIVING ACCESS TO THE QUOTA AND THAT THE HERRING CAUGHT MUST BE EITHER GUTTED AND SALTED OR DEEP-FROZEN ON BOARD THE VESSEL .
OBSERVATIONS SUBMITTED TO THE COURT
14 DE BOER EXPLAINS THAT ITS HERRING CATCHES WERE SO BIG THAT IT WAS IMPOSSIBLE TO GUT ALL THE HERRING CAUGHT . IT THEREFORE GUTTED ONLY THE HERRING WHICH , BECAUSE OF THEIR MATURITY AND SIZE , COULD BE SOLD AS MAATJESHARING ; THE OTHER HERRING , WHICH WAS LEFT UNGUTTED AND WAS STRONGLY SALTED , IT EXPORTED TO ANOTHER MEMBER STATE .
15 AS REGARDS THE SUBSTANCE OF THE CASE , DE BOER CLAIMS THAT THE NETHERLANDS RULES ARE INCOMPATIBLE WITH COMMUNITY LAW . IN THE FIRST PLACE , UNDER THE FISHING ARRANGEMENTS LAID DOWN IN REGULATION NO 3796/81 , ONLY THE COMMUNITY AND PRODUCERS ' ORGANIZATIONS HAVE THE POWER TO DETERMINE QUALITY STANDARDS FOR HERRING . SECONDLY , IT IS CLEAR FROM THE CASE-LAW OF THE COURT THAT ALL NATIONAL PROVISIONS OR PRACTICES WHICH MIGHT ALTER THE PATTERN OF IMPORTS AND EXPORTS BY PREVENTING PRODUCERS FROM FREELY MARKETING THE PRODUCTS CONCERNED ARE INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET ; THAT IS THE POSITION IN THIS CASE .
16 DE BOER ALSO OBSERVES THAT IN SEEKING TO RESTRICT THE QUOTA ALLOCATED TO THE NETHERLANDS TO MAATJESHARING THE NATIONAL RULES CONTRAVENED THE PRINCIPLE OF PROPORTIONALITY INASMUCH AS THEY PROHIBITED THE STRONG SALTING OF HERRING WHICH BECAUSE OF THEIR SIZE AND AGE WERE NO LONGER SUITABLE FOR MARKETING AS MAATJESHARING . THE NETHERLANDS RULES IN QUESTION WERE ALSO DISCRIMINATORY AND ARBITRARY BECAUSE THEY ALLOWED HERRING TO BE FROZEN ON BOARD BUT REMAINED SILENT AS TO THE FORM IN WHICH SUCH FROZEN HERRING WERE FINALLY TO BE MARKETED .
17 THE NETHERLANDS GOVERNMENT STATES THAT THE AIM OF THE NATIONAL RULES IN QUESTION WAS TWOFOLD : TO CONTROL THE NUMBER OF VESSELS WHICH MIGHT FISH AND TO USE THE HERRING QUOTA IN THE MOST ECONOMIC WAY . THE BAN ON THE LANDING OF UNGUTTED , STRONGLY SALTED HERRING ENSURED THAT THE HERRING BROUGHT TO MARKET WOULD BE MAINLY MAATJESHARING . THAT USE OF THE QUOTA WAS CONSISTENT WITH THE TRADITION OF FISHING FOR THAT SPECIFIC KIND OF HERRING AND AT THE SAME TIME , GIVEN THE HIGH PRICE OF MAATJESHARING , ENABLED THE FISHERY RESOURCES TO BE EXPLOITED IN THE MOST RATIONAL WAY .
18 IN THE VIEW OF THE NETHERLANDS GOVERNMENT , COMMUNITY LAW DOES NOT PRECLUDE THE RULES IN QUESTION . ARTICLE 5 ( 2 ) OF REGULATION NO 170/83 GIVES A