OF SULTANAS THE COMMISSION FAILED TO MENTION ANY CONSIDERATION OTHER THAN THAT "IMPORT PRICES REMAIN TOO LOW", WHICH, IN THE ASSOCIATION' S VIEW, CONSTITUTES PARTICULARLY DEFICIENT REASONING . THE ASSOCIATION GOES ON TO SAY THAT, EVEN SUPPOSING THAT THERE WERE A RISK OF SERIOUS DISTURBANCES ON THE MARKET, THAT RISK COULD NOT CONTINUE THROUGHOUT THE YEAR UNTIL THE FOLLOWING CROP BECAUSE THE COMMUNITY CROP COULD BE QUICKLY ABSORBED AFTER THE BEGINNING OF EACH MARKETING YEAR .
16 IT SHOULD FIRST BE OBSERVED THAT THOSE CONTENTIONS ARE BASED ON THE HYPOTHESIS, REFUTED ABOVE, THAT THERE ARE TWO CATEGORIES OF DRIED GRAPE OTHER THAN CURRANTS AND THAT THOSE CATEGORIES ARE NOT INTERCHANGEABLE .
17 IT SHOULD FURTHER BE RECALLED THAT THE THIRD RECITAL IN THE PREAMBLE TO REGULATION NO 521/77 STATES THAT "RECOURSE TO PROTECTIVE MEASURES DEPENDS ON THE EFFECT OF TRADE WITH THIRD COUNTRIES ON THE COMMUNITY MARKET; ... THE SITUATION ON THIS MARKET MUST THEREFORE BE ASSESSED BY TAKING ACCOUNT NOT ONLY OF THE FACTORS PECULIAR TO THE MARKET ITSELF BUT ALSO OF THOSE RELATING TO THE TREND OF THAT TRADE ".
18 THE RECITALS IN THE PREAMBLE TO REGULATION NO 2742/82 STATE THAT AT THE TIME OF ITS ADOPTION CERTAIN NON-MEMBER COUNTRIES WERE OFFERING PRODUCTS AT PRICES WHICH SIGNIFICANTLY UNDERCUT THE PRICES RULING IN THE COMMUNITY, AND THAT THE MARKETING OF COMMUNITY PRODUCTS WAS BADLY AFFECTED AS A RESULT, THAT STOCKS OF SULTANAS CONSTITUTED 60% OF THE HARVEST OF THE MARKETING YEAR 1981/82, THAT THOSE NON-MEMBER COUNTRIES WERE STILL CHARGING LOW PRICES AND THAT OTHER NON-MEMBER COUNTRIES WERE LIABLE TO FOLLOW THEIR LEAD .
19 IT WAS DEMONSTRATED DURING THE PROCEDURE BEFORE THE COURT, BY THE STATISTICS PRODUCED BY THE COMMISSION, THAT THERE WAS OBJECTIVE EVIDENCE SUBSTANTIATING THE PRESENCE OF CONTINUOUS DISTURBANCES, OR RISK OF DISTURBANCES, ON THE COMMUNITY MARKET FOR DRIED GRAPES DURING THE SUBSEQUENT MARKETING YEARS AS WELL . THE REASON WAS THAT IMPORTS, AND ESPECIALLY IMPORTS FROM TURKEY, HAD BEEN INCREASING, WHILE PRICES HAD BEEN STEADILY DECLINING ON THE WORLD MARKET . FURTHERMORE, ALTHOUGH IT HAD BEEN POSSIBLE FOR SURPLUS STOCKS TO BE ALMOST TOTALLY ABSORBED BY THE END OF THE YEAR ( PRECISELY BECAUSE OF THE MEASURES ADOPTED ), THE MARKET SITUATION NONE THE LESS REMAINED PRECARIOUS . BECAUSE THEY COULD BE
SUBSTITUTED FOR COMMUNITY PRODUCTS, THE IMPORTS WERE LIABLE TO ATTRACT PART OF THE INTERNAL DEMAND AND THEREBY CAUSE EVEN LARGER QUANTITIES TO BE TAKEN INTO STORAGE .
20 CONSEQUENTLY, THE COMMISSION' S VIEW THAT IMPORTS FROM NON-MEMBER COUNTRIES THROUGHOUT THE PERIOD IN QUESTION COULD HAVE DISTURBED THE COMMUNITY MARKET BY ATTRACTING DEMAND WHICH, IN THE ABSENCE OF THOSE IMPORTS, WOULD TO A CONSIDERABLE EXTENT AT LEAST HAVE ATTACHED ITSELF TO COMMUNITY PRODUCTS IS SUFFICIENTLY REASONED AND IS NOT TO BE REGARDED AS INCORRECT .
21 THE CLAIM IS ALSO MADE THAT, EVEN IF THE FIXING OF A MINIMUM PRICE WAS JUSTIFIED, IT WAS FIXED AT A LEVEL HIGHER THAN THE PRICE LEVELS APPLYING IN THE COMMUNITY .
22 IT SHOULD BE OBSERVED THAT