RELEVANT PERIOD COUNCIL REGULATION NO 100/76 OF 19 JANUARY 1976 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS ( OFFICIAL JOURNAL, L 20, P . 1 ) AND COUNCIL REGULATION NO 101/76 OF 19 JANUARY 1976 LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY ( OFFICIAL JOURNAL 1976, L 20, P . 19 ), APPLIED . ACCORDING TO THE FIRST RECITAL IN THE PREAMBLE TO REGULATION NO 101/76 THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS MUST BE SUPPLEMENTED BY THE ESTABLISHMENT OF A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY . ARTICLE 1 OF REGULATION NO 101/76 PROVIDES FOR COMMON RULES TO BE LAID DOWN FOR FISHING IN MARITIME WATERS AND FOR SPECIFIC MEASURES TO BE ADOPTED FOR APPROPRIATE ACTION AND THE COORDINATION OF STRUCTURAL POLICIES OF MEMBER STATES FOR THE FISHING INDUSTRY TO PROMOTE HARMONIOUS AND BALANCED DEVELOPMENT OF THAT INDUSTRY WITHIN THE GENERAL ECONOMY AND TO ENCOURAGE RATIONAL USE OF THE BIOLOGICAL RESOURCES OF THE SEA.ARTICLE 4 GOVERNS THE PROCEDURE FOR ADOPTING THE CONSERVATION MEASURES NECESSARY TO PROTECT THE MARITIME RESOURCES OF THE MEMBER STATES WHERE THERE IS A RISK OF OVER-FISHING .
9 THE COURT RECOGNIZED IN ITS JUDGMENT OF 14 JULY 1976 IN JOINED CASES 3, 4 AND 6/76 CORNELIS KRAMER AND OTHERS (( 1976 )) ECR 1279 IN RELATION TO REGULATIONS NOS 2141/70 AND 2142/70 OF THE COUNCIL OF 20 OCTOBER 1970 ( OFFICIAL JOURNAL, ENGLISH SPECIAL EDITION 1970 ( III ), PP . 703 AND 707 ), WHICH PRECEDED REGULATIONS NOS 100/76 AND 101/76 AND ARE SUBSTANTIALLY THE SAME AS THEM IN THIS RESPECT, THAT MEASURES RESTRICTING CATCHES ARE AN INTEGRAL PART OF THE GENERAL SCHEME INTRODUCED BY THOSE REGULATIONS AND THAT SUCH MEASURES MAY AFFECT THE OPERATION OF OTHER COMPONENTS OF THE SYSTEM, IN PARTICULAR PRICING . SINCE SUCH MEASURES ARE INTENDED TO LIMIT THE QUANTITY OF FISH AVAILABLE FOR THE MARKET THEY WILL IPSO FACTO AFFECT THE VOLUME OF TRANSACTIONS TO BE FINANCED OUT OF THE FUND .
10 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT FISHERY CONSERVATION MEASURES ARE PART OF THE COMMUNITY RULES FOR THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS WITHIN THE MEANING OF ARTICLES 2 AND 3 OF REGULATION NO 729/70, SINCE ACCORDING TO ARTICLE 38 OF THE EEC TREATY AGRICULTURAL PRODUCTS INCLUDE FISHERY PRODUCTS, AND THAT REFUNDS GRANTED AND INTERVENTION UNDERTAKEN IN BREACH OF COMMUNITY CONSERVATION MEASURES CANNOT BE FINANCED OUT OF THE FUND .
11 IT IS ACCORDINGLY NECESSARY TO CONSIDER WHETHER IN 1981 THERE WERE COMMUNITY RULES IN RELATION TO THE CONSERVATION OF THE RESOURCES OF THE SEA RESTRICTING CATCHES .
12 THE ESSENTIAL POINT ABOUT THE SITUATION IN 1981 IS THAT THE COUNCIL, WHICH PURSUANT TO ARTICLE 102 OF THE 1972 ACT OF ACCESSION HAS SINCE 1 JANUARY 1979 BEEN SOLELY RESPONSIBLE FOR THE ADOPTION OF CONSERVATION MEASURES UNDER THE COMMON FISHERIES POLICY, ACTING ON A PROPOSAL FROM THE COMMISSION, ADOPTED NO SUCH MEASURES .
13 COUNCIL DECISION 80/993 OF 28 OCTOBER 1980, BASED ON