3 ( 6 ) OF REGULATION NO 2655/82 .
24 IT SHOULD BE NOTED IN THAT REGARD THAT THE ABSENCE FROM REGULATION NO 2092/82 CONCERNING IMPORTS FROM THAILAND OF ANY PROVISION PERMITTING HOLDERS OF PREVIOUSLY ISSUED IMPORT LICENCES TO OBTAIN CANCELLATION OF SUCH LICENCES AND RELEASE OF THE CORRESPONDING SECURITY PLACED THOSE TRADERS IN AN UNFAVOURABLE COMPETITIVE POSITION VIS-A-VIS IMPORTERS OF MANIOC FROM OTHER NON-MEMBER COUNTRIES .
25 FROM 28 JULY 1982 , HOLDERS OF PREVIOUSLY ISSUED LICENCES FOR THE IMPORT OF MANIOC FROM THAILAND FOUND THEMSELVES FACED WITH THE CHOICE OF EITHER CARRYING OUT THE IMPORTATIONS COVERED BY THE LICENCES AND PAYING THE VERY HIGH RATE OF LEVY OR LOSING THEIR SECURITY . THE CONSEQUENCE FOR THEM WAS ADDITIONAL CHARGES WHICH IMPORTERS OF MANIOC FROM OTHER NON-MEMBER COUNTRIES COULD AVOID BY RELYING ON ARTICLE 3 ( 6 ) OF REGULATION NO 2655/82 .
26 THE EFFECT OF THAT DISADVANTAGE ON IMPORTERS OF MANIOC FROM THAILAND WAS ALL THE GREATER BY VIRTUE OF THE FACT THAT FROM 28 JULY 1982 THEY WERE COMPELLED TO OPERATE UNDER A QUOTA SYSTEM WHEREAS IMPORTERS OF MANIOC FROM OTHER NON-MEMBER COUNTRIES HAD AN ADDITIONAL PERIOD OF MORE THAN TWO MONTHS TO IMPORT MANIOC UNDER PREVIOUSLY ISSUED LICENCES AT THE PREFERENTIAL RATE OF 6% .
27 SUCH A SITUATION IS CONTRARY TO THE PRINCIPLE IN COMMUNITY LAW OF EQUAL TREATMENT OF TRADERS IN COMPARABLE SITUATIONS .
28 FURTHERMORE , THE FAILURE TO INCLUDE IN REGULATION NO 2029/82 PROVISIONS PERMITTING TRADERS TO APPLY FOR THE CANCELLATION OF UNUSED IMPORT LICENCES DISREGARDS THE PURPOSE OF THE QUOTA AGREEMENTS CONCLUDED IN 1982 , WHICH WAS TO DISCOURAGE IMPORTS BEYOND THE LIMIT OF THE QUOTAS FIXED . THE REFUSAL TO RELEASE SECURITY LODGED IN CONNECTION WITH PREVIOUSLY ISSUED IMPORT LICENCES WHICH COULD NOT BE USED TO IMPORT GOODS WITHIN THE LIMITS OF THE QUOTAS ACTUALLY ENCOURAGES IMPORTERS TO CARRY OUT THE INTENDED TRANSACTIONS NOTWITHSTANDING THE FACT THAT THE QUOTA HAS BEEN EXHAUSTED .
29 IT FOLLOWS THEREFORE THAT BY FAILING TO LAY DOWN RULES UNDER WHICH IMPORTERS OF MANIOC FROM THAILAND COULD RETURN PREVIOUSLY ISSUED IMPORT LICENCES AND OBTAIN THE RELEASE OF THE SECURITY CORRESPONDING TO THEM , COMMISSION REGULATION NO 2029/82 CONTAINS A LACUNA WHICH IS TO BE FILLED BY APPLYING BY ANALOGY ARTICLE 3 ( 6 ) OF COMMISSION REGULATION NO 2655/82 TO THOSE TRADERS .
30 THE REPLY TO THE VERWALTUNGSGERICHT ' S FIRST QUESTION MUST THEREFORE BE THAT ARTICLE 3 ( 6 ) OF REGULATION NO 2655/82 OF THE COMMISSION OF 1 OCTOBER 1982 LAYING DOWN RULES FOR IMPLEMENTING THE IMPORT ARRANGEMENTS FOR 1982 FOR PRODUCTS FALLING WITHIN SUBHEADING 07.06 A OF THE COMMON CUSTOMS TARIFF ORIGINATING IN THIRD COUNTRIES OTHER THAN THAILAND MUST BE INTERPRETED AS APPLYING TO THE CASE OF IMPORTERS OF PRODUCTS FALLING WITHIN THE SAID TARIFF SUBHEADING AND ORIGINATING IN THAILAND AS PROVIDED FOR BY COMMISSION REGULATION NO 2029/82 OF 22 JULY 1982 .
QUESTION 2
31 RESPECT FOR THE GENERAL PRINCIPLE OF EQUALITY BETWEEN TRADERS IN COMPARABLE SITUATIONS MAKES IT