GENERAL PRINCIPLE NON BIS IN IDEM , WHEREBY NO ONE MAY BE PUNISHED TWICE FOR THE SAME OFFENCE . MOREOVER , THE MEASURE DEPRIVES THE OPERATORS CONCERNED OF THE OPPORTUNITY TO DEFEND THEMSELVES AGAINST THE IMPOSITION OF A PENALTY BY APPLYING EITHER TO AN AUTHORITY OF THE MEMBER STATE OR TO A COURT . FURTHERMORE , THE REGULATION IS UNCLEAR AS TO THE CONDITIONS FOR THE APPLICATION OF THE SEVERER PENALTY WHICH MAY BE IMPOSED IN THE EVENT OF A FURTHER INFRINGEMENT .
8 ARPOSOL STATES THAT THE IMMOBILIZATION OF A VESSEL FOR FOUR MONTHS WOULD ENTAIL COSTS EQUIVALENT TO 100 000 ECU ( EUROPEAN CURRENCY UNITS ), A LOSS WHICH WOULD BE DIFFICULT TO MAKE GOOD IF THE COURT WERE SUBSEQUENTLY TO DECLARE THE CONTESTED REGULATION VOID . THE CREW OF THE VESSEL WOULD ALSO SUFFER A CONSIDERABLE LOSS OF WAGES , EVEN IF THEY RECEIVED UNEMPLOYMENT BENEFIT . FOR A CREW OF 18 MEMBERS , THE LOSS WOULD BE 32 000 ECU OR 58 000 ECU IF THE CREW DID NOT RECEIVE UNEMPLOYMENT BENEFIT .
9 IN ADDITION , THE REGULATION IS DISCRIMINATORY BECAUSE THE RULES APPLY ONLY TO SPANISH VESSELS AUTHORIZED TO FISH IN ICES DIVISIONS V B , VI , VII AND VIII A , B AND D , BY VIRTUE OF ARTICLES 158 AND 160 OF THE ACT OF ACCESSION . CONSEQUENTLY , ALTHOUGH THE MEASURE IN QUESTION PURPORTS TO BE GENERAL IN CHARACTER AND TO APPLY TO ALL COMMUNITY VESSELS , IT DISCRIMINATES AGAINST SPANISH VESSELS AND OTHER COMMUNITY VESSELS OPERATING IN THE ICES DIVISIONS MENTIONED ABOVE .
10 THERE IS ALSO ECONOMIC DISCRIMINATION IN SO FAR AS THE INACTIVITY OF CERTAIN SPANISH VESSELS WOULD LEAD TO A SHORTFALL IN THE SUPPLY OF FRESH FISH TO THE SPANISH MARKET , WHICH WOULD BE MADE UP BY EXPORTS FROM NON-SPANISH COMMUNITY UNDERTAKINGS .
11 ARPOSOL ALSO STATES THAT THERE IS DISCRIMINATION AS BETWEEN SPANISH VESSELS , DEPENDING ON WHETHER THEY FISH IN THE DIVISIONS MENTIONED ABOVE OR IN ICES DIVISIONS VIII C AND IX , WHICH COMPRISE SPANISH WATERS , SINCE THE MEASURES ENVISAGED IN THE REGULATION DO NOT APPLY TO THE LATTER DIVISIONS . FINALLY , SPANISH VESSELS ARE DISCRIMINATED AGAINST BY COMPARISON WITH PORTUGUESE VESSELS IN PORTUGUESE WATERS AND SPANISH WATERS .
12 IN ITS OBSERVATIONS , THE COUNCIL CONTENDS IN THE FIRST PLACE THAT THE APPLICATION IS INADMISSIBLE , SINCE THE REGULATION IN QUESTION CANNOT BE REGARDED AS A DECISION ADOPTED IN THE GUISE OF A REGULATION BUT RATHER IS OF GENERAL APPLICATION AND PURELY LEGISLATIVE IN CHARACTER . MOREOVER , IN VIEW OF THE RELEVANT CASE-LAW OF THE COURT , ARPOSOL HAS NO INTEREST IN BRINGING AN ACTION TO DEFEND THE INTERESTS OF ITS MEMBERS .
13 THE COUNCIL MAINTAINS THAT THE REGULATION IN QUESTION DOES NOT DEPRIVE SPANISH VESSELS OF THEIR RIGHT TO ENGAGE IN FISHING ACTIVITIES . UNDER THE ARRANGEMENTS LAID DOWN IN THE ACT OF ACCESSION IN RESPECT OF FISHING DURING THE TRANSITIONAL PERIOD , THE RIGHT TO