COMMUNITY FISHERMEN ARE TO HAVE EQUAL ACCESS DURING THE PERIOD AND IN THE AREAS DEFINED THEREIN AND THEY ARE NOT CONCERNED WITH THE CONDITIONS ON THE COMPOSITION OF CREWS OF VESSELS FISHING IN THOSE AREAS . CONSEQUENTLY, THEY DO NOT PROHIBIT THE MEMBER STATES FROM ENACTING MEASURES SUCH AS THE IRISH DOMESTIC LEGISLATION AT ISSUE IN THE PROCEEDINGS BEFORE THE NATIONAL COURT .
10 ARTICLE 102 OF THE ACT OF ACCESSION PROVIDES THAT "FROM THE SIXTH YEAR AFTER ACCESSION AT THE LATEST, THE COUNCIL, ACTING ON A PROPOSAL FROM THE COMMISSION, SHALL DETERMINE CONDITIONS FOR FISHING WITH A VIEW TO ENSURING PROTECTION OF THE FISHING GROUNDS AND CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA ". IT IS CLEAR FROM THAT PROVISION THAT AS FROM 1 JANUARY 1979 POWER TO ADOPT MEASURES RELATING TO THE CONSERVATION OF THE RESOURCES OF THE SEA HAS BELONGED "FULLY AND DEFINITIVELY" TO THE COMMUNITY, AS THE COURT HELD IN ITS JUDGMENT OF 5 MAY 1981 IN CASE 804/79 COMMISSION V UNITED KINGDOM (( 1981 )) ECR 1045 AND IN A NUMBER OF LATER JUDGMENTS ( SEE MOST RECENTLY THE JUDGMENT OF 14 FEBRUARY 1984 IN CASE 24/83 GEWIESE AND MEHLICH V SCOTT MACKENZIE (( 1984 )) ECR 817 ). THE COMMUNITY HAS IN FACT EXERCISED THIS POWER BY ADOPTING REGULATION NO 170/83, CITED ABOVE, AND COUNCIL REGULATION NO 171/83 OF 25 JANUARY 1983 LAYING DOWN CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES ( OFFICIAL JOURNAL 1983, L 24, P . 14 ).
11 HOWEVER, IT SHOULD BE NOTED THAT NATIONAL RULES REQUIRING A MINIMUM PROPORTION OF THE CREWS OF FISHING VESSELS OF THE MEMBER STATE CONCERNED TO BE EEC NATIONALS ARE NOT, EITHER BY VIRTUE OF THEIR SUBJECT-MATTER OR BY VIRTUE OF THEIR PURPOSE, MEASURES RELATING TO THE CONSERVATION OF FISHERY RESOURCES, SINCE THE APPLICATION OF SUCH A MEASURE CANNOT IN ITSELF HAVE ANY EFFECT ON THOSE RESOURCES . CONSEQUENTLY, ARTICLE 102 OF THE ACT OF ACCESSION MAY NOT BE READ AS PROHIBITING THE MEMBER STATES FROM ADOPTING A MEASURE SUCH AS THAT CONTAINED IN THE IRISH LEGISLATION AT ISSUE IN THE MAIN PROCEEDINGS .
12 THE NATIONAL COURT ALSO REFERS TO ARTICLES 1 AND 2 ( 1 ) OF COUNCIL REGULATION NO 101/76 OF 19 JANUARY 1976 LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY, WHICH REPLACED REGULATION NO 2141/70 OF THE COUNCIL OF 20 OCTOBER 1970, CITED ABOVE .
13 IN THIS CONNECTION IT SHOULD BE NOTED THAT THAT REGULATION DID INTRODUCE RULES INTENDED TO COORDINATE THE STRUCTURAL POLICIES OF THE MEMBER STATES AND TO REQUIRE THE MEMBER STATES TO RESPECT THE PRINCIPLE THAT THERE SHOULD BE NO DISCRIMINATION AGAINST NATIONALS OF OTHER MEMBER STATES AND THE PRINCIPLE THAT THERE SHOULD BE EQUAL CONDITIONS OF ACCESS TO AND USE OF STOCKS . IT IS ALSO TRUE THAT, IN ORDER TO ATTAIN ITS OBJECTIVES, THE REGULATION REQUIRES THE MEMBER STATES TO SEND INFORMATION TO THE COMMISSION ( ARTICLES 5 AND 10 ), PROVIDES FOR THE POSSIBILITY OF ADOPTING COMMUNITY