, IT IS NECESSARY TO CONSIDER THE NATURE AND EFFECT OF THE TARIFF PROTOCOLS BY WHICH SCHEDULE XL ( EEC ) WAS SUBSTITUTED FOR THE EARLIER NATIONAL SCHEDULES OF THE MEMBER STATES .
30 AT THAT TIME , THE MEMBER STATES WERE ENGAGED IN THE PROCESS OF BRINGING THEIR NATIONAL TARIFFS INTO LINE WITH THE COMMON CUSTOMS TARIFF , IN ACCORDANCE WITH ARTICLES 23 TO 26 OF THE TREATY . IT FOLLOWS FROM THAT THAT BOTH THE COMMON CUSTOMS TARIFF ITSELF AND THE CONCESSIONS AND BINDINGS CONTAINED IN THE TARIFF PROTOCOLS NEGOTIATED AT THAT TIME DID NOT CONSTITUTE A DEFINITE OBLIGATION FOR THE MEMBER STATES , BUT REPRESENTED RATHER AN OBJECTIVE BY REFERENCE TO WHICH THEY WERE TO DIRECT THEIR MEASURES OF ALIGNMENT .
31 THE ANSWER TO THE QUESTION SUBMITTED SHOULD THEREFORE BE THAT , IN RELATION TO THE PERIOD BEFORE 1 JULY 1968 , THE TARIFF PROTOCOLS OF 16 JULY 1962 AND 30 JUNE 1967 DID NOT PROTECT INDIVIDUALS AGAINST THE IMPOSITION BY A MEMBER STATE OF A CHARGE ON PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES AND THAT , IN RELATION TO THE PERIOD AFTER 1 JULY 1968 , NO PROVISION OF COMMUNITY LAW PREVENTED THE IMPOSITION ON THE SAME PRODUCTS OF A CHARGE SUCH AS THE DUTY FOR ADMINISTRATIVE SERVICES , IN SO FAR AS IT WAS ALREADY IN EXISTENCE ON THAT DATE .
32 IN VIEW OF THE REPLIES GIVEN TO THE FIRST TWO QUESTIONS , QUESTION ( C ) DOES NOT ARISE .
Decision on costs
COSTS
33 THE COSTS INCURRED BY THE GOVERNMENTS OF THE FRENCH REPUBLIC , THE ITALIAN REPUBLIC , THE KINGDOM OF THE NETHERLANDS AND THE UNITED KINGDOM AND BY 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 ACTIONS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTIONS PENDING BEFORE THE NATIONAL COURT , COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE CORTE SUPREMA DI CASSAZIONE BY ORDERS OF 21 MAY 1981 , HEREBY RULES :
1 . SINCE THE COMMUNITY HAS BEEN SUBSTITUTED FOR THE MEMBER STATES IN RELATION TO THE FULFILMENT OF THE COMMITMENTS LAID DOWN BY THE GENERAL AGREEMENT ON TARIFFS AND TRADE WITH EFFECT FROM 1 JULY 1968 , THE DATE ON WHICH THE COMMON CUSTOMS TARIFF WAS BROUGHT INTO FORCE , THE PROVISIONS OF THAT AGREEMENT HAVE SINCE THAT DATE BEEN AMONGST THOSE WHICH THE COURT OF JUSTICE HAS JURISDICTION , BY VIRTUE OF ARTICLE 177 OF THE EEC TREATY , TO INTERPRET BY WAY OF A PRELIMINARY RULING , REGARDLESS OF THE PURPOSE OF SUCH INTERPRETATION . WITH REGARD TO THE PERIOD PRIOR TO THAT DATE , SUCH INTERPRETATION IS A MATTER EXCLUSIVELY FOR THE COURTS OF THE MEMBER STATES .
2.THE TARIFF PROTOCOLS OF 16 JULY AND 30