COMMUNITY HAS BEEN DEFINED IN PROTOCOL NO 3 ANNEXED TO THE ACT OF ACCESSION . IT IS CLEAR FROM THAT PROTOCOL THAT ONLY THE PROVISIONS RELATING TO THE FREE MOVEMENT OF GOODS ARE APPLICABLE IN RELATIONS WITH THE ISLE OF MAN SO THAT THE MEASURES ADOPTED BY THE COMMUNITY RELATING TO THE PROTECTION OF FISH STOCKS DO NOT EXTEND TO THAT TERRITORY AND TO THE WATERS UNDER ITS JURISDICTION .
42 THE COMMISSION DOES NOT ACCEPT THIS POINT OF VIEW . IN VIEW OF THE CLOSE LINK AS REGARDS FISHERIES BETWEEN THE ORGANIZATION OF THE MARKET AND STRUCTURAL MEASURES , IT CONSIDERS THAT PROTOCOL NO 3 MUST BE INTERPRETED AS MEANING THAT THE CONSERVATION MEASURES ADOPTED BY THE COMMUNITY ARE ALSO APPLICABLE TO ISLE OF MAN WATERS .
43 IT DOES NOT SEEM NECESSSARY TO CONSIDER THE CONSTITUTIONAL POSITION OF THE ISLE OF MAN AND THE RELATIONSHIP OF THAT TERRITORY TO THE COMMUNITY . IN FACT , IT IS CLEAR FROM THE VERY WORDING OF THE ORDER IN QUESTION THAT IT WAS ADOPTED UNDER THE LEGISLATION OF THE UNITED KINGDOM BY THE BRITISH GOVERNMENT , SO THAT THE UNITED KINGDOM MUST TAKE RESPONSIBILITY FOR THAT MEASURE VIS-A-VIS THE COMMUNITY . HAVING MADE THIS PRELIMINARY REMARK , THE COURT WILL EXAMINE SEPARATELY BELOW THE SITUATION IN 1977 , IN WHICH COMMUNITY CONSERVATION MEASURES EXISTED , AND THE SITUATION IN 1978 , IN WHICH THERE WERE NO SUCH MEASURES .
THE ARRANGEMENTS APPLYING IN 1977
44 DURING 1977 , THE MARITIME ZONE IN QUESTION WAS GOVERNED BY REGULATION NO 1779/77 WHICH , AS RECALLED ABOVE , INVOLVED THE FIXING OF CATCH QUOTAS AND A SEASONAL FISHING BAN FROM 1 OCTOBER TO 19 NOVEMBER 1977 IN A LIMITED ZONE COVERING THE ISLE OF MAN WATERS AND THE WATERS BETWEEN THAT ISLAND AND THE COAST OF GREAT BRITAIN .
45 UNDER ARTICLE 4 OF THAT REGULATION , MEMBER STATES WERE UNDER A DUTY TO TAKE THE MEASURES NECESSARY TO ENSURE THAT THOSE PROVISIONS WERE COMPLIED WITH . THE UNITED KINGDOM HAS RAISED THE QUESTION WHETHER THE DUTY TO CONSULT THE COMMISSION AND TO SEEK ITS APPROVAL APPLIES TO MEASURES OF THAT KIND . AS THE COURT HAS STATED IN PARAGRAPH 11 OF THE DECISION IN ITS JUDGMENT OF 4 OCTOBER 1979 IN CASE 141/78 , FRENCH REPUBLIC V UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND , THAT DUTY IS GENERAL AND APPLIES TO ANY MEASURES OF CONSERVATION EMANATING FROM THE MEMBER STATES AND NOT FROM THE COMMUNITY AUTHORITIES . CONSEQUENTLY , THE MEASURES ADOPTED BY A MEMBER STATE IN IMPLEMENTATION OF A COMMUNITY REGULATION ARE NOT EXEMPTED FROM THE DUTY OF CONSULTATION LAID DOWN IN ANNEX VI TO THE HAGUE RESOLUTION AS WELL AS FROM THE DUTY OF NOTIFICATION LAID DOWN IN ARTICLES 2 AND 3 OF REGULATION NO 101/76 . THE REASON FOR THIS TWOFOLD DUTY IS PARTICULARLY EVIDENT IN VIEW OF THE MEASURES ADOPTED BY THE UNITED KINGDOM , WHICH CONSISTED IN BRINGING INTO FORCE A LICENSING SYSTEM THE APPLICATION OF