ALREADY PROMPTED ARTICLE 5 OF THE 1964 LONDON FISHERIES CONVENTION AND WHICH FOUND EXPRESSION IN ARTICLE 102 OF THE ACT OF ACCESSION , LED THE COMMUNITY , AT THE TIME WHEN FISHING ZONES WERE EXTENDED TO 200 MILES , TO START NEGOTIATIONS WITH NON-MEMBER COUNTRIES , INCLUDING SPAIN , IN ORDER TO REACH LONG-TERM AGREEMENTS BASED UPON RECIPROCITY . IN ORDER TO RECONCILE THE NEEDS OF CONSERVATION WITH THE INTERESTS OF FISHERMEN WHO TRADITIONALLY FISHED IN THE WATERS IN QUESTION , THOSE AGREEMENTS PROVIDE THAT EACH OF THE PARTIES SHALL GRANT ACCESS TO ITS 200-MILE ZONE TO FISHING VESSELS OF THE OTHER PARTY IN ORDER TO CATCH SPECIFIC QUOTAS . IN ORDER TO IMPLEMENT THAT REGIME , THE AGREEMENTS PROVIDE THAT EACH OF THE PARTIES MAY REQUIRE VESSELS OF THE OTHER PARTY FISHING IN ITS WATERS TO HOLD A LICENCE .
23 REGULATIONS NOS 341/78 WERE PUT INTO FORCE BEFORE THE FINAL CONCLUSION OF THE NEGOTIATIONS BETWEEN THE COMMUNITY AND SPAIN . THE RECITALS IN THE PREAMBLES STATE THAT , PENDING THE CONCLUSION IN THE NEAR FUTURE OF A FRAMEWORK AGREEMENT BETWEEN THE COMMUNITY AND SPAIN , INTERIM MEASURES SHOULD BE LAID DOWN . IT APPEARS FROM INFORMATION GIVEN TO THE COURT BY THE COMMISSION THAT THE SPANISH AUTHORITIES COOPERATED WITH THE COMMISSION IN ORDER TO ENSURE THE IMPLEMENTATION OF THIS INTERIM REGIME AND , IN PARTICULAR , IN ORDER TO ORGANIZE THE ISSUE OF THE COMMUNITY LICENCES .
24 FROM THE FOREGOING IT FOLLOWS THAT THE INTERIM REGIME WHICH THE COMMUNITY SET UP UNDER ITS OWN RULES FALLS WITHIN THE FRAMEWORK OF THE RELATIONS ESTABLISHED BETWEEN THE COMMUNITY AND SPAIN IN ORDER TO RESOLVE THE PROBLEMS INHERENT IN CONSERVATION MEASURES AND THE EXTENSION OF EXCLUSIVE FISHERY LIMITS AND IN ORDER TO ENSURE RECIPROCAL ACCESS BY FISHERMEN TO THE WATERS SUBJECT TO SUCH MEASURES . THOSE RELATIONS WERE SUPERIMPOSED ON THE REGIME WHICH PREVIOUSLY APPLIED IN THOSE ZONES IN ORDER TO TAKE ACCOUNT OF THE GENERAL DEVELOPMENT OF INTERNATIONAL LAW IN THE FIELD OF FISHING ON THE HIGH SEAS .
25 FROM THAT IT FOLLOWS THAT CONSIDERATION OF REGULATION NO 1376/78 HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT ITS VALIDITY AND THAT CONSEQUENTLY NATIONAL LEGISLATION WHICH IMPOSES PENALTIES FOR CONTRAVENTION OF THE PROHIBITIONS PRESCRIBED THEREIN IS NOT INCOMPATIBLE WITH COMMUNITY LAW .
Decision on costs
26 THE COSTS INCURRED BY THE GOVERNMENT OF THE FRENCH REPUBLIC , THE GOVERNMENT OF THE UNITED KINGDOM AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION 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 ,
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE CIRCUIT COURT OF THE COUNTY OF CORK BY ORDER OF