IN THE STATEMENT OF REASONS SET OUT IN THAT REGULATION BUT IN THAT CONTAINED IN THE BASIC REGULATION TO WHICH REFERENCE HAS ALREADY BEEN MADE .
16 IN VIEW OF THE CLOSE CONNEXION WHICH EXISTS BETWEEN THE BASIC REGULATION AND THE REGULATION ADOPTED IN IMPLEMENTATION THEREOF SUCH A MEANS OF STATING THE REASONS FOR THE DETAILED RULES SPECIFICALLY PERTAINING TO THE COMMON ORGANIZATION OF THE MARKET IN SUGAR IN ITALY MUST BE PERMITTED . IT MAKES SUFFICIENTLY CLEAR TO THE COMPETENT AUTHORITIES AND TO THE RELEVANT UNDERTAKINGS THE CONCERN WHICH PROMPTED THE COUNCIL TO ENACT THOSE DETAILED RULES AND THE OBJECTIVES WHICH MUST BE PURSUED IN THE RESTRUCTURING PLANS .
QUESTION 3 ( DISCRIMINATION )
17 THE THIRD QUESTION IS BASED ON THE VIEW THAT , APART FROM THE POSSIBILITY OF A REDUCTION OF 5% IN THE BASIC QUOTAS PRESCRIBED FOR THE UNDERTAKINGS OF ALL THE MEMBER STATES , ONLY ITALIAN PRODUCERS ARE LIABLE TO BE AFFECTED UNDER ARTICLE 2 ( 2 ) OF REGULATION NO 3331/74 BY AN ADDITIONAL LIMITATION OF THEIR ACTIVITY . THE TRIBUNALE AMMINISTRATIVO ASKS WHETHER THE FACT THAT THE ITALIAN INDUSTRY ALONE IS EXPOSED TO THE RISK OF SUCH A REDUCTION DOES NOT CONSTITUTE AN INFRINGEMENT OF THE PROHIBITION OF DISCRIMINATION BETWEEN PRODUCERS WITHIN THE COMMUNITY LAID DOWN IN ARTICLE 40 ( 3 ) OF THE TREATY .
18 DISCRIMINATION WITHIN THE MEANING OF ARTICLE 40 OF THE TREATY CANNOT OCCUR IF INEQUALITY IN THE TREATMENT OF UNDERTAKINGS CORRESPONDS TO AN INEQUALITY IN THE SITUATIONS OF SUCH UNDERTAKINGS . IT IS COMMONLY ACCEPTED THAT THE SITUATION IN THE BEET AND SUGAR SECTORS IN ITALY DIFFERS APPRECIABLY FROM THAT IN THE OTHER MEMBER STATES . THE SPECIAL SITUATION OF ITALY REFERRED TO IN THE PREAMBLES TO REGULATIONS NOS 3330/74 AND 3331/74 HAS OCCASIONED SPECIAL MEASURES INTENDED TO IMPROVE THE STRUCTURE OF THE ECONOMY IN THE BEET AND SUGAR SECTORS IN ITALY AS A WHOLE . IN CERTAIN RESPECTS THE ITALIAN UNDERTAKINGS ENJOY MORE FAVOURABLE ARRANGEMENTS THAN UNDERTAKINGS IN THE OTHER MEMBER STATES , FOR EXAMPLE WITH REGARD TO THE SYSTEM OF AIDS ; IN OTHER RESPECTS CERTAIN ITALIAN UNDERTAKINGS SUFFER THE DISADVANTAGES OF THE SPECIAL SITUATION OF ITALY , FOR EXAMPLE IN THE CASE OF THE REDUCTION IN THEIR BASIC QUOTAS IN FAVOUR OF AN INCREASE IN THE BASIC QUOTAS OF OTHER UNDERTAKINGS ON THE BASIS OF THE RESTRUCTURING PLANS .
19 SUCH DIFFERENCES IN TREATMENT ARE THUS BASED ON OBJECTIVE DIFFERENCES ARISING FROM THE UNDERLYING ECONOMIC SITUATIONS ; THEY CANNOT BE CONSIDERED DISCRIMINATORY .
QUESTION 4 ( FUNDAMENTAL RIGHTS )
20 THE FOURTH QUESTION IS BASED ON THE VIEW THAT THE CARRYING ON OF ECONOMIC ACTIVITIES MUST BE GUARANTEED BECAUSE IT FORMS PART OF THE FUNDAMENTAL RIGHTS WHICH COMMUNITY LAW IS ALSO CONCERNED TO UPHOLD . THAT GUARANTEE IS SAID TO EXTEND TO THE RIGHT OF UNDERTAKINGS TO PRODUCE THE QUANTITIES OF SUGAR CORRESPONDING TO THEIR BASIC QUOTAS SINCE THAT RIGHT IS INHERENT IN THE CARRYING ON OF ECONOMIC ACTIVITY . THIS IS THE VIEW