ONE OF THE PRINCIPLES OF THE TREATY AND WHICH IN AGRICULTURAL MATTERS IS LAID DOWN IN ARTICLE 44(2 ).
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LOOKED AT IN THE LIGHT OF THESE CONSIDERATIONS, IT DOES NOT APPEAR THAT ARTICLE 11(2 ) ( AS AMENDED ) OF REGULATION NO 23 INFRINGED THE REQUIREMENTS OF THE TREATY . IN FACT, THAT PROVISION, CONSIDERED AS A WHOLE, INDICATES A DESIRE TO ENSURE PROTECTION FOR COMMUNITY PRODUCERS ONLY WITHIN REASONABLE LIMITS . IT IS SUFFICIENT TO MENTION THAT THE REFERENCE PRICE IS BASED ON THE MARKETS OF PRODUCER COUNTRIES " WHERE THE PRICES ARE LOWEST " AND THAT IT WILL NORMALLY BE LOWER THAN THE PRICES AT WHICH THE PRODUCTS OF A MEMBER STATE ARE SOLD IN OTHER MEMBER STATES, AS THESE PRICES ALSO INCLUDE THE TRANSPORT COSTS FROM ONE STATE TO ANOTHER AND ANY IMPORT DUTIES COLLECTED BY THE IMPORTING STATE . ALTHOUGH ARTICLE 11(2 ) ( AS AMENDED ) NO LONGER MAKES THE INTRODUCTION OF A COUNTERVAILING CHARGE DEPENDENT UPON THE THREAT OF SERIOUS DISTURBANCES, IT MUST BE CONSIDERED THAT THIS CRITERION ALLOWS VERY DIFFERENT APPLICATIONS, EVEN THOUGH THE NEW RULES LAY DOWN MORE OBJECTIVE CRITERIA .
IV - THE FAILURE OF THE COMMISSION TO AMEND OR REVOKE REGULATION NO 144/65
THE COMPLAINT IS MADE THAT THE COMMISSION DID NOT REVOKE OR AMEND REGULATION NO 144/65 BEFORE 31 OCTOBER 1965, AS PROVIDED FOR IN ARTICLE 2 OF THAT REGULATION SHOULD THE INTRODUCTION OF A COUNTERVAILING CHARGE OF 2 U.A . NO LONGER FULFIL THE CONDITIONS SPECIFIED IN ARTICLE 11(2 ) ( AS AMENDED ) OF REGULATION NO 23 AND THAT TAKING INTO ACCOUNT THE LATER MOVEMENT OF PRICES RECORDED ON THE REPRESENTATIVE MARKETS, THIS CONDITION WAS ACTUALLY FULFILLED .
UNDER THE TERMS OF ARTICLE 2 OF REGULATION NO 144/65, TOGETHER WITH ARTICLE 13 OF REGULATION NO 23, THE COMMISSION WAS REQUIRED TO HEAR THE MANAGEMENT COMMITTEE FOR FRUIT AND VEGETABLES BEFORE AMENDING OR REVOKING THE FIRST REGULATION . TAKING INTO ACCOUNT THE EXPERIENCE WHICH HAS BEEN GAINED FROM THE IMPLEMENTATION OF REGULATION NO 144/65, IT IS POSSIBLE TO PUT THE LAPSE OF TIME WHICH WOULD HAVE OCCURRED BETWEEN CONSULTING THE SAID COMMITTEE AND THE ENTRY INTO FORCE OF A REGULATION AMENDING OR REVOKING THE SAID REGULATION AT A MINIMUM OF THREE DAYS . THE PRESENT COMPLAINT AMOUNTS THEREFORE TO STATING THAT THE COMMISSION SHOULD HAVE COMMENCED THE CONSULTATIVE PROCEDURE AT THE LATEST ON 24 OCTOBER 1965 . CONSEQUENTLY, TAKING INTO ACCOUNT THE FACT THAT THE MARKETS WERE CLOSED ON 23 AND 24 OCTOBER, IT IS APPROPRIATE TO CONSIDER WHETHER THE SITUATION OF THE REPRESENTATIVE MARKETS AS IT APPEARED FROM 18 TO 22 OCTOBER INCLUSIVE, THE PERIOD IMMEDIATELY FOLLOWING THE OBSERVATION PERIOD PRECEDING THE ADOPTION OF REGULATION NO 144/65, REQUIRED THE REVISION OF THE FORECASTS PREVIOUSLY MADE .
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DURING THE PERIOD IN QUESTION, THE PRICES RECORDED ON THE REPRESENTATIVE MARKETS, CORRECTED IN ACCORDANCE WITH THE SIXTH SUBPARAGRAPH OF ARTICLE 11(2 ) ( AS AMENDED ) OF REGULATION NO 23, SHOWED A SUFFICIENTLY MARKED