IF IT COULD BE SHOWN THAT THE SYSTEM ESTABLISHED BY REGULATION NO 3589/82 LED TO THE CREATION OF UNIFORM CONDITIONS OF IMPORTATION FOR TEXTILE PRODUCTS , IRRESPECTIVE OF THE STATE IN WHICH THEY WERE RELEASED INTO FREE CIRCULATION .
36 IT MUST BE OBSERVED FIRST OF ALL IN THIS REGARD THAT , WITHIN ITS SPHERE OF APPLICATION , REGULATION NO 3589/82 IS UNDOUBTEDLY A STEP TOWARDS THE ESTABLISHMENT OF A COMMON COMMERCIAL POLICY BASED , IN ACCORDANCE WITH ARTICLE 113 ( 1 ) OF THE TREATY , ON UNIFORM PRINCIPLES .
37 HOWEVER , IT DOES NOT APPEAR THAT THE SYSTEM ESTABLISHED BY THAT REGULATION HAS BROUGHT ABOUT COMPLETE UNIFORMITY AS REGARDS CONDITIONS OF IMPORTATION . THE SECOND CLAUSE OF THE 10TH RECITAL IN THE PREAMBLE TO THE REGULATION STATES IN FACT THAT ' THE EXTENT OF THE DISPARITIES EXISTING IN THE CONDITIONS FOR IMPORTATION OF THESE PRODUCTS INTO THE MEMBER STATES AND THE PARTICULARLY SENSITIVE POSITION OF THE COMMUNITY TEXTILES INDUSTRY MEAN THAT THE SAID CONDITIONS CAN BE STANDARDIZED ONLY GRADUALLY ' .
38 CONTRARY TO TEZI ' S CONTENTION , THE DISPARITIES IN QUESTION CANNOT THEREFORE BE ATTRIBUTED SOLELY TO REGULATION NO 3589/82 ; THEY ARE THE RESULT OF MEASURES TAKEN BY THE MEMBER STATES , ON THEIR OWN INITIATIVE , BUT IN ACCORDANCE WITH THE RELEVANT REQUIREMENTS LAID DOWN BY COMMUNITY LAW . AS CAN BE SEEN FROM THE PASSAGE IN THE 10TH RECITAL QUOTED ABOVE , REGULATION NO 3589/82 MERELY MAINTAINS EXISTING DISPARITIES TO A CERTAIN EXTENT , WHILE PROCLAIMING AS ITS GOAL THEIR GRADUAL REDUCTION AND EVENTUAL ELIMINATION .
39 A FORTIORI , IT CANNOT BE MAINTAINED , AS TEZI DOES , THAT THE COMMUNITY QUANTITATIVE LIMITS HAVE BEEN DIVIDED INTO NATIONAL SUBQUOTAS FOR PURELY ADMINISTRATIVE REASONS .
40 IT IS TRUE THAT THE NINTH RECITAL IN THE PREAMBLE TO REGULATION NO 3589/82 JUSTIFIES THE DIVISION INTO NATIONAL QUOTAS BY THE NEED TO ESTABLISH A DECENTRALIZED ' SPECIAL MANAGEMENT PROCEDURE ' FOR THE COMMUNITY QUANTITATIVE LIMITS . HOWEVER , THE NINTH RECITAL MUST BE READ TOGETHER WITH THE FIRST SENTENCE OF THE 10TH RECITAL , WHICH STATES THAT ' IN ORDER TO ENSURE THE BEST POSSIBLE UTILIZATION OF THE COMMUNITY QUANTITATIVE LIMITS , THEY SHOULD BE ALLOCATED IN ACCORDANCE WITH THE REQUIREMENTS OF THE MEMBER STATES AND WITH THE QUANTITATIVE OBJECTIVES ESTABLISHED BY THE COUNCIL ' .
41 NOR CAN ARTICLE 7 ( 2 ) OF REGULATION NO 3589/82 SERVE AS A BASIS FOR ARGUING THAT THE COMMUNITY LEGISLATURE HAS PROVIDED THEREIN FOR AN INSTRUMENT WHICH MAKES THE APPLICATION OF ARTICLE 115 OF THE TREATY UNNECESSARY .
42 THE FACT THAT THE ALLOCATION OF THE COMMUNITY QUANTITATIVE LIMITS MAY BE ADAPTED ' WHERE THIS PROVES NECESSARY , PARTICULARLY IN VIEW OF TRENDS IN PATTERNS OF TRADE , IN ORDER TO ENSURE THEIR IMPROVED UTILIZATION ' COULD IN FACT LEAD , IN THE EVENT OF A REDUCTION OF A MEMBER STATE ' S NATIONAL SUBQUOTA , TO A RESTRICTION OF DIRECT IMPORTS OF TEXTILE PRODUCTS INTO