PURCHASE IN ORDER TO AVOID HAVING TO PAY THE ADDITIONAL LEVY .
16 IN THE THIRD PLACE, IT CAN BE SEEN FROM THE SECOND RECITAL IN THE PREAMBLE TO REGULATION NO 1305/85 THAT ACCOUNT WAS TAKEN OF THE SPECIAL POSITION OF ITALY ONLY IN REGARD TO A POINT TOTALLY ACCESSORY TO THE AMENDMENTS ADOPTED, NAMELY THE POSSIBILITY FOR ITALY TO POSTPONE FOR THREE YEARS THE INTRODUCTION OF RULES FOR THE ADJUSTMENT OF REFERENCE QUANTITIES IN FAVOUR OF PRODUCERS WHOSE MILK PRODUCTION WAS AFFECTED BY A NATURAL DISASTER OR ACCIDENTAL EVENTS .
17 IT FOLLOWS FROM THE FOREGOING THAT THE FIRST JUSTIFICATION FOR THE FAILURE TO ALLOCATE INDIVIDUAL REFERENCE QUANTITIES CANNOT BE ACCEPTED .
18 AS A SECOND JUSTIFICATION FOR THE FAILURE TO ALLOCATE INDIVIDUAL REFERENCE QUANTITIES, THE ITALIAN REPUBLIC CONTENDS THAT THAT FAILURE DID NOT HAVE ANY EFFECT ON THE REALIZATION OF THE OBJECTIVES PURSUED, SINCE DURING THE FIRST PERIOD OF 12 MONTHS TOTAL MILK PRODUCTION IN ITALY DID NOT EXCEED THE GUARANTEED TOTAL QUANTITY ALLOCATED TO IT .
19 THAT JUSTIFICATION MUST ALSO BE REJECTED . THE ITALIAN REPUBLIC HAS JEOPARDIZED THE REALIZATION OF THE OBJECTIVES OF THE ADDITIONAL LEVY SCHEME BY NOT ADOPTING THE REQUIRED IMPLEMENTING MEASURES WITHIN THE PRESCRIBED PERIODS . IT CANNOT JUSTIFY THAT VIEW BY RELYING ON THE FACT, WHICH, MOREOVER, HAS NOT BEEN PROVED, THAT THE TOTAL GUARANTEED QUANTITY ALLOCATED TO IT HAS NOT BEEN EXCEEDED .
20 IN THOSE CIRCUMSTANCES, IT MUST BE DECLARED THAT THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER COUNCIL REGULATIONS NOS 856/84 AND 857/84 AND COMMISSION REGULATION NO*1371/84 .
21 IN VIEW OF THOSE FAILURES TO COMPLY WITH SPECIFIC PROVISIONS, THERE IS NO NEED TO CONSIDER WHETHER THE ITALIAN REPUBLIC HAS THEREBY ALSO FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 5 OF THE TREATY .
Decision on costs
COSTS
22 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE ITALIAN REPUBLIC HAS FAILED IN ITS SUBMISSIONS, IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
On those grounds,
THE COURT
hereby :
( 1 ) Declares that, by failing to adopt within the prescribed periods the measures required by Council Regulations Nos*856/84 and 857/84 of 31 March 1984 and by Commission Regulation No 1371/84 of 16 May 1984, the Italian Republic has failed to fulfil its obligations under those regulations;
( 2 ) Orders the Italian Republic to pay the costs .