' ORGANIZATIONS TO ADOPT MEASURES REQUIRING THEIR MEMBERS ' TO APPLY , WITH REGARD TO PRODUCTION AND MARKETING , RULES WHICH HAVE BEEN ADOPTED BY THE ORGANIZATION WITH THE PARTICULAR AIM OF IMPROVING PRODUCT QUALITY AND ADAPTING THE VOLUME OF SUPPLY TO MARKET REQUIREMENTS ' . TO THAT END ARTICLE 7 OF THE REGULATION EMPOWERS THE MEMBER STATES TO REQUIRE PRODUCERS WHO ARE NOT MEMBERS OF A PRODUCERS ' ORGANIZATION TO COMPLY WITH THE MARKETING RULES REFERRED TO IN ARTICLE 5 .
32 THOSE PROVISIONS THEREFORE EMPOWER ONLY THE PRODUCERS ' ORGANIZATIONS TO ADOPT MARKETING RULES BINDING ON THEIR MEMBERS AND RESTRICT THE POWER OF THE MEMBER STATES TO THE POSSIBILITY OF REQUIRING NON-MEMBERS TO COMPLY WITH SUCH MARKETING RULES .
33 IT FOLLOWS THAT , UNLIKE THE COMMUNITY PROVISIONS GOVERNING ACCESS TO CATCH QUOTAS WHICH ALLOW THE NATIONAL AUTHORITIES TO RETAIN CERTAIN POWERS , THE COMMUNITY RULES ON PRODUCTION AND MARKETING NO LONGER LEAVE THEM ANY POWER TO ADOPT RULES ON THE TREATMENT AND PROCESSING OF FISHERY PRODUCTS BY THE FISHERMEN ESTABLISHED IN THEIR TERRITORY .
34 AS TO THE ARGUMENT OF THE NETHERLANDS GOVERNMENT BASED ON ARTICLE 20 OF REGULATION NO 171/83 TO THE EFFECT THAT , IN ORDER TO ENSURE BETTER MANAGEMENT AND UTILIZATION OF THE QUOTAS , THE MEMBER STATES MAY ADOPT NATIONAL TECHNICAL MEASURES GOING BEYOND THE MINIMUM REQUIREMENTS OF REGULATION NO 171/83 , IT NEED ONLY BE OBSERVED THAT THE SAID REGULATION IS BASED ON REGULATION NO 170/83 AND RELATES ONLY TO TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES . HOWEVER , THE RULES ON THE TREATMENT AND PROCESSING OF THE FISH IN QUESTION IMPOSE NO TECHNICAL MEASURE FOR CONSERVING FISHERY RESOURCES ON FISHERMEN .
35 IT MUST THEREFORE BE HELD THAT COUNCIL REGULATION NO 3796/81 OF 29 DECEMBER 1981 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS , IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) THEREOF , 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 PROVIDE THAT THE HERRING CAUGHT MUST BE EITHER GUTTED AND SALTED OR DEEP-FROZEN ON BOARD THE VESSEL .
Decision on costs
COSTS
36 THE COSTS INCURRED BY THE NETHERLANDS AND FRENCH GOVERNMENTS AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . SINCE THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FOURTH CHAMBER ),
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN BY JUDGMENT OF 7 AUGUST 1984 , HEREBY RULES :
COMMUNITY LAW , IN PARTICULAR COUNCIL REGULATION NO 170/83 OF 25 JANUARY 1983 ESTABLISHING A COMMUNITY