SCOPE OF THAT PRINCIPLE ON A TRANSITIONAL BASIS WITH REGARD TO CERTAIN PRODUCTS , UNTIL SUCH TIME AS THE COUNCIL SHALL HAVE ESTABLISHED COMMON RULES APPLICABLE TO THEM ; IT PROVIDES THAT THE PRINCIPLE OF FREEDOM OF EXPORT FROM THE COMMUNITY DOES NOT APPLY TO THE PRODUCTS LISTED IN THE ANNEX , INCLUDING OIL .
33 IT MUST THEREFORE BE HELD , AS SUN , THE UNITED KINGDOM AND THE COMMISSION HAVE ARGUED , THAT ARTICLE 10 OF REGULATION NO 2603/69 AND THE ANNEX TO THAT REGULATION CONSTITUTE A SPECIFIC AUTHORIZATION PERMITTING THE MEMBER STATES TO IMPOSE QUANTITATIVE RESTRICTIONS ON EXPORTS OF OIL TO NON-MEMBER COUNTRIES , AND THERE IS NO NEED TO DISTINGUISH IN THAT REGARD BETWEEN PREVIOUSLY EXISTING QUANTITATIVE RESTRICTIONS AND THOSE WHICH ARE SUBSEQUENTLY INTRODUCED .
34 WITH REGARD TO BULK ' S ARGUMENT THAT SUCH AN INTERPRETATION OF ARTICLE 10 OF REGULATION NO 2603/69 WOULD MEAN THAT THAT PROVISION WAS VOID ON GROUNDS OF INCOMPATIBILITY WITH ARTICLE 113 OF THE TREATY , IT SHOULD INDEED BE RECALLED THAT IN ITS OPINION OF 4 OCTOBER 1979 ( OPINION 1/78 , ( 1979 ) ECR 2871 ) THE COURT STATED THAT ' WHERE THE ORGANIZATION OF THE COMMUNITY ' S ECONOMIC LINKS WITH NON-MEMBER COUNTRIES MAY HAVE REPERCUSSIONS ON CERTAIN SECTORS OF ECONOMIC POLICY SUCH AS THE SUPPLY OF RAW MATERIALS TO THE COMMUNITY OR PRICE POLICY , AS IS PRECISELY THE CASE WITH THE REGULATION OF INTERNATIONAL TRADE IN COMMODITIES , THAT CONSIDERATION DOES NOT CONSTITUTE A REASON FOR EXCLUDING SUCH OBJECTIVES FROM THE FIELD OF APPLICATION OF THE RULES RELATING TO THE COMMON COMMERCIAL POLICY . SIMILARLY , THE FACT THAT A PRODUCT MAY HAVE A POLITICAL IMPORTANCE BY REASON OF THE BUILDING-UP OF SECURITY STOCKS IS NOT A REASON FOR EXCLUDING THAT PRODUCT FROM THE DOMAIN OF THE COMMON COMMERCIAL POLICY . '
35 IT SHOULD BE POINTED OUT , HOWEVER , THAT IN THAT OPINION THE COURT WAS CONCERNED ONLY WITH THE PROHIBITION OF A GENERAL EXCLUSION , AS A MATTER OF PRINCIPLE , OF CERTAIN PRODUCTS FROM THE FIELD OF APPLICATION OF THE COMMON COMMERCIAL POLICY AND NOT WITH THE COUNCIL ' S DISCRETION TO EXCLUDE , ON A TRANSITIONAL BASIS , CERTAIN PRODUCTS FROM THE COMMON RULES ON EXPORTS .
36 HAVING REGARD TO THE DISCRETION WHICH IT ENJOYS IN AN ECONOMIC MATTER OF SUCH COMPLEXITY , IN THIS CASE THE COUNCIL COULD , WITHOUT CONTRAVENING ARTICLE 113 , PROVISIONALLY EXCLUDE A PRODUCT SUCH AS OIL FROM THE COMMON RULES ON EXPORTS TO NON-MEMBER COUNTRIES , IN VIEW IN PARTICULAR OF THE INTERNATIONAL COMMITMENTS ENTERED INTO BY CERTAIN MEMBER STATES AND TAKING INTO ACCOUNT THE PARTICULAR CHARACTERISTICS OF THAT PRODUCT , WHICH IS OF VITAL IMPORTANCE FOR THE ECONOMY OF A STATE AND FOR THE FUNCTIONING OF ITS INSTITUTIONS AND PUBLIC SERVICES .
37 THE ANSWER TO THE SECOND PART OF THE FIRST QUESTION MUST THEREFORE BE THAT REGULATION NO 2603/69 OF THE COUNCIL OF 20 DECEMBER 1969 ESTABLISHING COMMON RULES FOR