Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
Date: 1981-05-05
5 BY A LETTER OF 21 MARCH 1979 THE GOVERNMENT OF THE UNITED KINGDOM INFORMED THE COMMISSION OF ITS INTENTION TO BRING INTO FORCE ON 1 JUNE 1979 A SERIES OF MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES CONCERNING THE MESH OF NETS , MINIMUM LANDING SIZES AND BY-CATCHES AND SOUGHT THE APPROVAL OF THE COMMISSION IN THIS MATTER IN ACCORDANCE WITH ANNEX VI TO THE HAGUE RESOLUTION ( THE TEXT OF WHICH , HEREINAFTER REFERRED TO AS ' ' THE HAGUE RESOLUTION ' ' , WHICH WAS NOT PUBLISHED IN THE OFFICIAL JOURNAL , WAS QUOTED IN THE COURT ' S JUDGMENT OF 16 FEBRUARY 1978 ( CASE 61/77 COMMISSION V IRELAND ( 1978 ) ECR 417 , AT PARAGRAPH 37 ). SUBSEQUENTLY THE GOVERNMENT INFORMED THE COMMISSION THAT THE PROPOSED MEASURES WOULD NOT COME INTO FORCE UNTIL 1 JULY .
17 THE COURT HAS HAD OCCASION TO RECALL IN FORMER JUDGMENTS AND MOST RECENTLY IN ITS JUDGMENT OF 10 JULY 1980 , TO WHICH REFERENCE HAS ALREADY BEEN MADE , THE ELEMENTS OF COMMUNITY LAW WHICH ARE APPLICABLE IN THIS MATTER . THE SITUATION DESCRIBED IN THOSE JUDGMENTS HAS IN THE MEANTIME UNDERGONE A     SUBSTANTIAL CHANGE BY REASON OF THE FACT THAT SINCE THE EXPIRATION ON 1 JANUARY 1979 OF THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION , POWER TO ADOPT , AS PART OF THE COMMON FISHERIES POLICY , MEASURES RELATING TO THE CONSERVATION OF THE RESOURCES OF THE SEA HAS BELONGED FULLY AND DEFINITIVELY TO THE COMMUNITY .
20 ON THIS SUBJECT IT IS APPROPRIATE TO STRESS , FIRST OF ALL , THAT THE TRANSFER TO THE COMMUNITY OF POWERS IN THIS MATTER BEING TOTAL AND DEFINITIVE , SUCH A FAILURE TO ACT COULD NOT IN ANY CASE RESTORE TO THE MEMBER STATES THE POWER AND FREEDOM TO ACT UNILATERALLY IN THIS FIELD .
27 BEFORE ADOPTING SUCH MEASURES THE MEMBER STATE CONCERNED IS REQUIRED TO SEEK THE APPROVAL OF THE COMMISSION , WHICH MUST BE CONSULTED AT ALL STAGES OF THE PROCEDURE . IT SHOULD BE NOTED THAT THESE REQUIREMENTS , WHICH WERE ORIGINALLY DEFINED DURING THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION , MUST BE CONSIDERED HENCEFORTH IN A NEW SETTING , CHARACTERIZED BY THE EXCLUSIVE POWERS OF THE COMMUNITY ON THIS SUBJECT AND BY THE FULL EFFECT OF THE RELEVANT RULES OF COMMUNITY LAW , WITHOUT PREJUDICE TO THE TRANSITIONAL PROVISIONS OF ARTICLES 100 , 101 AND 103 OF THE ACT OF ACCESSION , THE APPLICATION OF WHICH IS HOWEVER NOT AT ISSUE IN THIS CASE .
28 ACCORDING TO ARTICLE 5 OF THE TREATY MEMBER STATES ARE REQUIRED TO TAKE ALL APPROPRIATE MEASURES TO FACILITATE THE ACHIEVEMENT OF THE COMMUNITY ' S TASK AND TO ABSTAIN FROM ANY MEASURE WHICH MIGHT JEOPARDIZE THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY . THIS PROVISION IMPOSES ON MEMBER STATES SPECIAL DUTIES OF ACTION AND ABSTENTION IN A SITUATION IN WHICH THE COMMISSION , IN ORDER TO MEET URGENT NEEDS OF CONSERVATION , HAS SUBMITTED TO THE COUNCIL PROPOSALS WHICH , ALTHOUGHT THEY HAVE NOT BEEN ADOPTED BY THE COUNCIL , REPRESENT THE POINT OF DEPARTURE FOR CONCERTED COMMUNITY ACTION .
32 IT MAY BE NOTED THAT THIS PROCESS OF COOPERATION BETWEEN MEMBER STATES AND THE COMMISSION HAS BEEN CONFIRMED BY A PRACTICE WHICH HAS BEEN WIDELY FOLLOWED INASMUCH AS THE COMMISSION HAS GIVEN ITS VIEWS ON A LARGE NUMBER OF NATIONAL CONSERVATION MEASURES NOTIFIED TO IT BY THE VARIOUS MEMBER STATES CONCERNED AND HAS PUT FORWARD , WHERE APPROPRIATE , RESERVATIONS OR CONDITIONS ( CF . FOR THE PERIOD IN QUESTION , THE COMMUNICATIONS PUBLISHED IN OFFICIAL JOURNALS C 154 OF 1978 , P . 5 , C 119 OF 1979 , P . 5 , C 133 AND C 237 OF 1980 , P . 2 IN EACH CASE ).