CONSERVATION MEASURE , THUS CAUSING CONSIDERABLE DAMAGE TO THE INDUSTRIAL FISHERY TRADITIONALLY CARRIED ON IN THAT ZONE BY THE DANISH FISHING FLEET .
THE APPLICABLE LAW AND THE DISTRIBUTION OF POWERS
8 THE COURT HAS HAD OCCASION TO INDICATE IN DETAIL THE RULES OF COMMUNITY LAW APPLICABLE IN THIS RESPECT IN ITS JUDGEMENTS OF 14 JULY 1976 IN JOINED CASES 3 , 4 AND 6/76 , CORNELIS KRAMER AND OTHERS ( 1976 ) ECR 1279 AND 16 FEBRUARY 1978 IN CASE 61/77 , COMMISSION OF THE EUROPEAN COMMUNITIES V IRELAND ( 1978 ) ECR 417 . AT THE TIME OF THE FACTS WHICH HAVE GIVEN RISE TO THIS DISPUTE , THE CONSTITUENT ELEMENTS OF THE LEGAL SITUATION WERE IN ESSENCE THE SAME .
9 IT IS SUFFICIENT TO RECALL IN THIS CONTEXT THAT THE COMMON FISHERIES POLICY IS BASED ON ARTICLES 3 ( D ) AND 38 OF THE EEC TREATY . ARTICLE 102 OF THE ACT OF ACCESSION RECOGNIZED THAT PROTECTION OF THE FISHING GROUNDS AND CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA FORMED PART OF THAT POLICY BY INSTRUCTING THE COUNCIL TO ADOPT , WITHIN A SPECIFIC PERIOD AND ON A PROPOSAL FROM THE COMMISSION , APPROPRIATE MEASURES FOR THIS PURPOSE . THE ESSENTIAL GUIDELINES IN THIS RESPECT WERE ESTABLISHED BY COUNCIL REGULATION ( EEC ) NO 101/76 OF 19 JANUARY 1976 LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY ( OFFICIAL JOURNAL L 20 , P . 19 ), ARTICLES 2 , 3 AND 4 OF WHICH ARE OF PARTICULAR IMPORTANCE FOR THIS CASE .
10 IN THE ABOVE-MENTIONED JUDGMENTS , THE COURT EMPHASIZED IN ADDITION THAT THE COMMUNITY HAS THE POWER TO TAKE CONSERVATION MEASURES AND THAT IN SO FAR AS THIS POWER HAS BEEN EXERCISED BY THE COMMUNITY THE PROVISIONS ADOPTED BY IT PRECLUDE ANY CONFLICTING PROVISIONS BY THE MEMBER STATES ; ON THE OTHER HAND , SO LONG AS THE TRANSITIONAL PERIOD LAID DOWN IN ARTICLE 102 OF THE ACT OF ACCESSION HAS NOT EXPIRED AND THE COMMUNITY HAS NOT YET FULLY EXERCISED ITS POWER IN THE MATTER , THE MEMBER STATES ARE ENTITLED , WITHIN THEIR OWN JURISDICTION , TO TAKE APPROPRIATE CONSERVATION MEASURES WITHOUT PREJUDICE , HOWEVER , TO THE OBLIGATION TO CO-OPERATE IMPOSED UPON THEM BY THE TREATY , IN PARTICULAR ARTICLE 5 THEREOF .
11 IN VIEW OF THE DIFFICULTIES PREVENTING THE IMPLEMENTATION WITHIN THE PRESCRIBED PERIOD OF A COMMON POLICY FOR THE CONSERVATION OF FISHERY RESOURCES , THE COUNCIL ADOPTED ON 3 NOVEMBER 1976 , ON A PROPOSAL BY THE COMMISSION , A RESOLUTION KNOWN AS ' ' ANNEX VI TO THE HAGUE RESOLUTION ' ' ACCORDING TO WHICH IF NO COMMUNITY MEASURES WERE BROUGHT INTO FORCE WITHIN THE PRESCRIBED PERIOD , ' ' THE MEMBER STATES COULD THEN ADOPT , AS AN INTERIM MEASURE AND IN A FORM WHICH AVOIDS DISCRIMINATION , APPROPRIATE MEASURES TO ENSURE THE PROTECTION OF RESOURCES SITUATED IN THE FISHING ZONES OFF THEIR COASTS ' ' . THE RESOLUTION ADDS THAT