AS BEING ABLE TO ENSURE THAT THEIR EXPORTS TO THE COMMUNITY DO NOT EXCEED A LEVEL AGREED BY THE COMMISSION ' ' . COMMISSION REGULATION ( EEC ) NO 1213/78 OF 5 JUNE 1978 ( OFFICIAL JOURNAL 1978 , L 150 , P . 5 ), BY WHICH THE COMMISSION ACKNOWLEDGED THAT TAIWAN SATISFIED THE AFOREMENTIONED CONDITION , WAS REPEALED ALMOST IMMEDIATELY BY COMMISSION REGULATION ( EEC ) NO 1449/78 OF 28 JUNE 1978 ( OFFICIAL JOURNAL 1978 , L 173 , P . 25 ). DURING 1978 TAIWAN WAS ABLE TO EXPORT TO THE COMMUNITY 14 727.2 TONNES OF PRESERVED MUSHROOMS .
6 IN 1979 , IN THE ABSENCE OF A AGREEMENT ON VOLUNTARY RESTRAINT BETWEEN THE COMMISSION AND TAIWAN , IMPORTS OF MUSHROOMS FROM THAT COUNTRY WERE MUCH REDUCED ( TO 55.3 TONNES ), SINCE THE PROTECTIVE MEASURES CONTINUED TO APPLY TO NON-MEMBER COUNTRIES WHICH WERE NOT PREPARED VOLUNTARILY TO RESTRICT THEIR EXPORTS TO THE COMMUNITY . IN 1980 , AFTER FINDING THAT THE COMMISSION DID NOT INTEND TO ALLOW IT TO EXPORT TO THE COMMUNITY MORE THAN 1 000 TONNES OF PRESERVED MUSHROOMS , TAIWAN AGREED TO RESTRICT ITS EXPORTS TO THE COMMUNITY TO THAT QUANTITY .
7 FAUST ARGUES THAT IF PATTERNS OF TRADE HAD CONTINUED TO DEVELOP NORMALLY AND , IN PARTICULAR , IF THE SYSTEM OF REFERENCE QUANTITIES HAD BEEN MAINTAINED IN FORCE , IT MIGHT HAVE EXPECTED ITS MARKET SHARE TO REACH 19.12% OF THE IMPORTS OF PRESERVED MUSHROOMS FROM TAIWAN AND THAT , IN THE RESULT , THE DRACONIAN REDUCTION IN THOSE IMPORTS INFLICTED ON IT IN 1979 AND 1980 A LOSS OF FORESEEABLE COMMISSION AMOUNTING TO USD 114 930 . FAUST CLAIMS THAT IT SUFFERED THAT DAMAGE AS A RESULT OF COMMISSION REGULATIONS NOS 3096/76 , 1102/78 AND 1449/78 MENTIONED ABOVE , WHICH IT SAYS ARE CONTRARY TO COMMUNITY LAW AND THEREFORE RENDER THE COMMUNITY LIABLE UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY .
8 FAUST DISPUTES FIRST OF ALL THE VALIDITY OF REGULATION NO 3096/76 , STATING THAT THE ABANDONMENT OF THE SYSTEM OF REFERENCE QUANTITIES CONTRAVENES THE PRINCIPLES OF EQUALITY AND NON-DISCRIMINATION WHICH , IN ITS OPINION , ARE APPLICABLE EVEN TO THE EXTERNAL RELATIONS OF THE COMMUNITY AND THUS OBLIGE THE LATTER TO ACCORD TO NON-MEMBER COUNTRIES EQUAL TREATMENT IN ALL RESPECTS . IN FAUST ' S VIEW , THE INVALIDITY OF REGULATION NO 3096/76 ENTAILS THE INVALIDITY OF THE SUBSEQUENT REGULATIONS WHICH REFER TO IT .
9 THE COMMISSION REPLIES WITH JUSTIFICATION THAT THE MEASURES WHICH IT ADOPTED DO NOT CONTRAVENE SUPERIOR RULES OF COMMUNITY LAW . IN FACT , THE COUNCIL REGULATIONS PURSUANT TO WHICH THOSE MEASURES WERE ADOPTED EXPRESSLY PERMITTED A SELECTIVE APPLICATION IN FAVOUR OR TO THE DETRIMENT OF CERTAIN NON-MEMBER COUNTRIES , THUS LEAVING TO THE COMMISSION A WIDE MEASURE OF DISCRETION . FURTHERMORE , IT MUST BE EMPHASIZED THAT FAUST HAS ADDUCED NO EVIDENCE TO SHOW THAT , IN ADOPTING REGULATION NO 3096/76 RELAXING THE PROTECTIVE MEASURES ADOPTED