STOCKS OF SOLE AND PLAICE IN THE NORTH-EAST ATLANTIC .
3 THESE PROVISIONS WERE ADOPTED IN PERFORMANCE OF COMMITMENTS WHICH HAD BEEN ENTERED INTO BY THE NETHERLANDS WITHIN THE FRAMEWORK OF THE NORTH-EAST ATLANTIC FISHERIES CONVENTION , SIGNED AT LONDON ON 24 JANUARY 1959 , TO ' ENSURE THE CONSERVATION OF THE FISH STOCKS AND THE RATIONAL EXPLOITATION OF THE FISHERIES OF THE NORTH-EAST ATLANTIC OCEAN AND ADJACENT WATERS , WHICH ARE OF COMMON CONCERN ' . ALL THE PRESENT MEMBER STATES OF THE EEC EXCEPT ITALY AND THE GRAND DUCHY OF LUXEMBOURG , AS WELL AS SEVEN NON-MEMBER COUNTRIES , ARE PARTIES TO THIS CONVENTION .
4 ARTICLE 7 ( 1 ) ( A)-(F ) OF THE CONVENTION PROVIDES THAT THE NORTH-EAST ATLANTIC FISHERIES COMMISSION , ESTABLISHED BY THE CONVENTION AS A COMMON BODY OF THE CONTRACTING STATES , MAY MAKE RECOMMENDATIONS TO THE CONTRACTING STATES ON A SERIES OF MEASURES COMING WITHIN THE PURPOSES OF THE CONVENTION .
5 BY A DECISION ADOPTED IN MAY 1970 AND WHICH ENTERED INTO FORCE ON 4 JUNE 1974 IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 7 ( 2 ), THERE WERE ADDED TO THESE PROVISIONS SUBPARAGRAPHS ( G ) AND ( H ) AUTHORIZING THE SAID COMMISSION TO RECOMMEND MEASURES FOR REGULATING IN ANY PERIOD , FIRST , THE AMOUNT OF TOTAL CATCH AND THE AMOUNT OF FISHING EFFORT AND , SECONDLY , THE ALLOCATION OF THOSE AMOUNTS TO CONTRACTING STATES .
6 UNDER ARTICLE 8 OF THE CONVENTION , THE CONTRACTING STATES ARE OBLIGED TO GIVE EFFECT TO SUCH RECOMMENDATIONS WHEN THEY HAVE BEEN ADOPTED BY NOT LESS THAN A TWO-THIRDS MAJORITY OF THE DELEGATIONS PRESENT AND VOTING , SUBJECT HOWEVER TO THE RIGHT OF ANY CONTRACTING STATE TO RELEASE ITSELF FROM THIS OBLIGATION BY OBJECTING TO THE RECOMMENDATION WITHIN A SET PERIOD .
7 PURSUANT TO ARTICLE 7 ( 1 ) ( G ) AND ( H ) THE SAID COMMISSION ISSUED A RECOMMENDATION CONCERNING FISHING FOR SOLE AND PLAICE IN THE MARITIME WATERS COVERED BY THE CONVENTION . THIS RECOMMENDATION BECAME OBLIGATORY IN NOVEMBER 1974 IN ACCORDANCE WITH THE SAID ARTICLE 8 . FIRST , IT FIXED THE TOTAL CATCH QUOTAS FOR 1975 AND THE ALLOCATION THEREOF BETWEEN THE DIFFERENT CONTRACTING STATES AND , SECONDLY , IT PROHIBITED FISHING WITH VESSELS OVER A CERTAIN TONNAGE AND A CERTAIN POWER WITHIN A TWELVE-MILE ' COASTAL ' AREA .
8 THE FISHERMEN , THE ACCUSED IN THE MAIN PROCEEDINGS , ARE CHARGED WITH HAVING CONTRAVENED THE NETHERLANDS RULES , ADOPTED IN IMPLEMENTATION OF THIS RECOMMENDATION , WHICH PROHIBIT FOR CERTAIN PERIODS :
- EITHER LANDING MORE THAN A CERTAIN MAXIMUM AMOUNT OF SOLE USING VESSELS BEARING CERTAIN REGISTRATION NUMBERS ;
- OR FISHING FOR SOLE OR PLAICE IN THE ABOVEMENTIONED TWELVE-MILE AREA , USING VESSELS OVER A CERTAIN TONNAGE AND A CERTAIN ENGINE RATING .
9 BY THEIR FIRST THREE QUESTIONS , THE NATIONAL COURTS ASK THE COURT TO RULE , ESSENTIALLY :
- ON THE INTERNATIONAL LEVEL