Keywords

Summary



Keywords

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1 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - ADMISSIBILITY - FAILURE ALREADY ENDED WHEN ACTION BROUGHT - LEGAL INTEREST IN THE ACTION

( EEC TREATY, ARTICLE 169 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - COMMON ORGANIZATION OF THE MARKETS - MARKETS IN OILS AND FATS - DISTINCTION FROM CUSTOMS TREATMENT

( EEC TREATY, ARTICLE 40; REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKETS IN OILS AND FATS )

3 . " PROTOCOL 1.7 " ANNEXED TO THE EEC TREATY - EXEMPTION FROM CUSTOMS DUTIES - RELATIONSHIP TO THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS AND THE COMMON COMMERCIAL POLICY - NEW SITUATION IMPEDING THE APPLICATION OF " PROTOCOL 1.7 " - NECESSITY FOR ADAPTATION - OBJECTIONS ON THE MEMBER STATE CONCERNED, THE COMMISSION AND THE COUNCIL - EQUIVOCAL SITUATION CREATED BY THE INACTION OF THE INSTITUTIONS AND THE SILENCE OF THE REGULATION - FAILURE NOT PROVED

( PROTOCOL ON GOODS ORIGINATING IN AND COMING FROM CERTAIN COUNTRIES AND ENJOYING SPECIAL TREATMENT WHEN IMPORTED INTO A MEMBER STATE, KNOWN AS " PROTOCOL 1.7 " )

Summary

1 . THE COURT, ALTHOUGH NOT IN A POSITION TO DETERMINE HOW FAR IT IS EXPEDIENT FOR THE COMMISSION TO BRING AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY, MAY CONSIDER WHETHER, HAVING REGARD TO THE CIRCUMSTANCES THE COMMISSION HAS A SUFFICIENT LEGAL INTEREST . THIS INTEREST MAY CONTINUE EVEN THOUGH AT THE TIME WHEN THE ACTION WAS BROUGHT THE ALLEGED FAILURE HAS VIRTUALLY CEASED .

2 . REGULATION NO 136/66 IMPLEMENTING ARTICLE 40 OF THE TREATY, ESTABLISHED A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS BASED ON A PRICE POLICY WHICH IS DETERMINED IN ACCORDANCE WITH A NUMBER OF OBJECTIVES CONCERNING THE LEVEL OF AGRICULTURAL INCOME, THE PUTTING INTO EFFECT OF A COHERENT PRODUCTION POLICY, COMPETITIVE CONDITIONS OF TRADE IN THE DIFFERENT PRODUCTS, THE STABILIZATION OF THE MARKETS AND THE FIXING OF AN APPROPRIATE PRICE LEVEL TO CONSUMERS . THIS POLICY IS PUT INTO EFFECT BY MEANS OF A COMPLEX SYSTEM OF STEPS INVOLVING PURCHASE, STORAGE AND SALES BY INTERVENTION AGENCIES, A SET OF REGULATIONS ON IMPORTS BY MEANS OF A SYSTEM OF LEVIES AND REFUNDS, AS WELL AS MEASURES FOR RESTORING THE BALANCE AND PROTECTIVE MEASURES IN CASE OF DISTURBANCES AFFECTING THE MARKET IN QUESTION . THE INTERVENTION AND PROTECTION TECHNIQUE UNDER REGULATION NO 136/66 IS DIFFERENT FROM SYSTEMS BASED EXCLUSIVELY ON THE APPLICATION OF CUSTOMS DUTIES BOTH IN ITS AIM AND IN THE MEANS WHICH IT EMPLOYS .

3 . THE PROTOCOL ON GOODS ORIGINATING IN AND COMING FROM CERTAIN COUNTRIES AND ENJOYING SPECIAL TREATMENT WHEN IMPORTED INTO A MEMBER STATE, ANNEXED TO THE EEC TREATY, HAS THE PURPOSE OF PRESERVING EXISTING PATTERNS OF TRADE BETWEEN CERTAIN MEMBER STATES AND CERTAIN THIRD COUNTRIES . AFTER THE ENTRY INTO FORCE OF REGULATION NO 136/66 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS THE OBJECTIVE OF PROTOCOL I.7 CAN HOWEVER BE ACHIEVED AS REGARDS THE IMPORTATION OF OLIVE OIL BY MEANS WHICH ARE IN CONFORMITY WITH THE NEW SITUATION CREATED BY THE SAID REGULATION AND COMPATIBLE WITH THE PRINCIPLES UNDERLYING THE COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS .

WHILST NOT EXCLUDING ANY STEPS TAKEN BY THE MEMBER STATE HOLDING THE RIGHTS RESERVED UNDER PROTOCOL I.7, SUCH AN ADAPTATION COULD ONLY BE THE TASK OF THE COMMUNITY INSTITUTIONS COMPETENT TO IMPLEMENT THE COMMON AGRICULTURAL POLICY AND TO REGULATE THE COMMUNITY' S RELATIONSHIP WITH THIRD COUNTRIES . SINCE THE SILENCE OF REGULATION NO 136/66 ON THIS POINT HAS CREATED AN EQUIVOCAL SITUATION, A FAILURE TO FULFIL ITS OBLIGATIONS CANNOT BE ALLEGED AGAINST A MEMBER STATE WHICH HAS EXCLUDED FROM THE APPLICATION OF THE LEVY INTRODUCED BY THE SAID REGULATION IMPORTS OF OLIVE OIL WHICH HAVE PREVIOUSLY BENEFITED FROM THE PREFERENCE UNDER PROTOCOL I.7 .