, THAT DECISION WILL HAVE TO BE ADOPTED BEFORE 17 OCTOBER 1983 OR , IF THE PERIOD IS EXTENDED , BEFORE 17 DECEMBER 1983 .
8 IT IS IN THE LIGHT OF THE SPECIFIC FEATURES OF THE PROCEDURE THUS ESTABLISHED THAT IT IS NECESSARY TO DETERMINE WHETHER THE CONDITIONS FOR THE SUSPENSION OF THE OPERATION OF THE CONTESTED DECISION ARE SATISFIED .
9 IN THAT RESPECT , THE SERIOUS NATURE OF THE COMPLAINTS FORMULATED BY THE APPLICANT CANNOT BE DISREGARDED . LEAVING ASIDE THE PROBLEM OF THE ADMISSIBILITY OF ACTIONS BROUGHT AGAINST DECISIONS OF THAT KIND , WHICH HAS NOT YET BEEN WHOLLY RESOLVED IN THE CASE-LAW OF THE COURT , SERIOUS DOUBT SURROUNDS THE QUESTION WHETHER , IN ADOPTING A CONSTRUCTED VALUE AS A BASIS OF REFERENCE WHEN PRICES ARE APPARENTLY DETERMINED BY MARKET MECHANISMS , AND IN CALCULATING THAT CONSTRUCTED VALUE ON THE BASIS OF PRODUCTION COSTS IN A NON-MEMBER COUNTRY WHICH MAY ITSELF BE IN THE SITUATION REFERRED TO IN PARAGRAPH ( 4 ) OF ARTICLE 2 B , THE COMMISSION APPLIED THE CRITERIA SET OUT IN PARAGRAPH ( 5 ) IN AN APPROPRIATE AND REASONABLE MANNER . IN THE LIGHT OF THE EXPLANATIONS PROVIDED DURING THE PROCEEDINGS FOR THE ADOPTION OF INTERIM MEASURES , THERE ARE ALSO DOUBTS CONCERNING THE CIRCUMSTANCES WHICH LED THE COMMISSION TO FIX THE RATE OF THE PROVISIONAL ANTI-DUMPING DUTY AT 7% .
10 SINCE THE FIRST CONDITION WHICH MUST BE FULFILLED FOR THE GRANT OF INTERIM MEASURES HAS THUS UNDOUBTEDLY BEEN SATISFIED , IT REMAINS TO ASSESS THE URGENCY OF , AND THE NEED FOR , THE SUSPENSION APPLIED FOR IN ORDER TO PREVENT SERIOUS AND IRREPARABLE DAMAGE , AS INDICATED ABOVE , FROM BEING CAUSED TO THE APPLICANT .
11 ACCORDING TO THE APPLICANT THAT DAMAGE CONSISTS IN THE RISK THAT THE PATTERNS OF TRADE ESTABLISHED BY IT MAY BE DISRUPTED AS A RESULT OF THE OBLIGATION TO PROVIDE SECURITY AT THE TIME OF ENTRY OF THE NICKEL FOR CONSUMPTION ON THE COMMUNITY MARKET DURING THE PERIOD OF VALIDITY OF THE PROVISIONAL DUTY .
12 IT MUST BE EMPHASIZED THAT , UNDER THE PROCEDURE ESTABLISHED BY REGULATION ( EEC ) NO 3017/79 , THE COUNCIL WILL SHORTLY HAVE TO DECIDE BOTH WHETHER TO IMPOSE A DEFINITIVE DUTY AND WHETHER TO COLLECT DEFINITIVELY THE PROVISIONAL DUTY . ALTHOUGH THAT DOES NOT IN ITSELF EXCLUDE THE POSSIBILITY OF SUSPENDING THE OPERATION OF THE CONTESTED MEASURE , THE COURT MUST , HOWEVER , IN PROCEEDINGS FOR THE ADOPTION OF INTERIM MEASURES , TAKE ACCOUNT OF THE SPECIFIC FEATURES OF THE PROCEDURE IN QUESTION AND OF THE POWERS WHICH THE COUNCIL WILL HAVE TO EXERCISE WITHIN THE PRESCRIBED PERIOD , AFTER IT HAS BEEN GIVEN FULL INFORMATION , IN PARTICULAR IN THE LIGHT OF WHAT HAS EMERGED DURING THESE PROCEEDINGS FOR THE ADOPTION OF INTERIM MEASURES .
13 IN THE MEANTIME , THE COMMISSION IS UNDER AN OBLIGATION NOT ONLY TO CONTINUE ITS INVESTIGATION , IN ORDER TO ENABLE THE COUNCIL TO DECIDE WHETHER