1981 THE VALIDITY OF THE 1970 LAW .
5 THE HAUPTZOLLAMT EMMERICH ARGUED BEFORE THE FINANZGERICHT THAT THE LEVYING OF A DIFFERENTIAL CUSTOMS DUTY ON IMPORTED COAL ORIGINATING IN NON-MEMBER COUNTRIES AND RELEASED INTO FREE CIRCULATION IN ANOTHER MEMBER STATE WAS NOT CONTRARY TO COMMUNITY LAW . IN ITS OPINION , THE ISSUE CONCERNED A MEASURE OF COMMERCIAL POLICY , WHICH REMAINS WITHIN THE POWERS OF MEMBER STATES PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 71 OF THE ECSC TREATY .
6 IN REPLY , MABANAFT CLAIMED THAT THE DISPUTED MEASURE WAS INCOMPATIBLE WITH ARTICLE 4 ( A ) OF THE ECSC TREATY , WHICH PROHIBITS WITHIN THE COMMUNITY ' ' IMPORT AND EXPORT DUTIES , OR CHARGES HAVING EQUIVALENT EFFECT , AND QUANTITATIVE RESTRICTIONS ON THE MOVEMENT OF PRODUCTS ' ' .
7 THE FINANZGERICHT CONSIDERED THAT THE CHARGING OF A DIFFERENTIAL CUSTOMS DUTY IN THE ABOVE-MENTIONED CASE DID NOT FALL WITHIN THE POWERS OF MEMBER STATES IN MATTERS OF COMMERCIAL POLICY , BUT THAT IT MIGHT NONE THE LESS BE COMPATIBLE WITH THE ECSC TREATY AS A MEASURE ADOPTED ON THE BASIS OF RECOMMENDATIONS WHICH WERE MADE TO THE FEDERAL REPUBLIC OF GERMANY BY THE HIGH AUTHORITY UNDER ARTICLE 74 OF THE ECSC TREATY , ON CONDITION THAT THOSE RECOMMENDATIONS WERE VALIDLY ADOPTED AND WERE STILL VALID AT THE MATERIAL TIME . THE FINANZGERICHT ACCORDINGLY REFERRED THE FOLLOWING QUESTION TO THE COURT :
' ' ARE THE RECOMMENDATIONS OF THE HIGH AUTHORITY OF 28 JANUARY 1959 ( AMTSBLATT DER EUROPAISCHEN GEMEINSCHAFTEN OF 11 . 2 . 1959 , P . 197 ) AND OF 30 OCTOBER 1962 ( AMTSBLATT OF 12 . 11 . 1962 , P . 2683 ) COMPATIBLE WITH ARTICLE 4 ( A ) OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ; ARE THEY CAPABLE OF JUSTIFYING NATIONAL MEASURES INTRODUCING A DIFFERENTIAL DUTY ON COAL IMPORTED FROM THE OPEN MARKET IN A MEMBER STATE BUT WHICH ORIGINATED IN A NON-MEMBER COUNTRY , AND IF SO FOR HOW LONG ARE SUCH MEASURES JUSTIFIED?
' '
8 THE RECOMMENDATION OF 28 JANUARY 1959 RECOMMENDS THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY TO INTRODUCE , ON A TEMPORARY BASIS , CUSTOMS DUTIES ON IMPORTS OF COAL ORIGINATING IN NON-MEMBER COUNTRIES AND DESTINED FOR THE FEDERAL REPUBLIC , IN EXCESS OF A DUTY-FREE QUOTA , AT A RATE WHICH IS NOT TO EXCEED DM 20 PER TONNE , AND TO ESTABLISH , FOR 1959 , A DUTY-FREE QUOTA OF NOT LESS THAN 5 MILLION TONNES ; THE RECOMMENDATION CALLS UPON THE GOVERNMENTS OF THE OTHER MEMBER STATES TO LEND THE FEDERAL REPUBLIC THE ASSISTANCE ESSENTIAL FOR THE PURPOSE OF COLLECTING SUCH DUTIES .
9 THE RECOMMENDATION OF 30 OCTOBER 1962 IS THE LAST OF A SERIES ( COMPRISING THE RECOMMENDATIONS OF 3 NOVEMBER 1959 , 3 NOVEMBER 1960 , 13 DECEMBER 1961 AND 30 OCTOBER 1962 ) WHEREBY THE HIGH AUTHORITY FIXED THE MINIMUM LEVEL FOR THE DUTY-FREE QUOTA FOR THE YEARS 1960 , 1961