WORSENED BY THE SHARP DROP IN SUPPLIES OF HOME-GROWN DURUM WHEAT AND THE INCREASED NEED FOR IMPORTS FROM NON-MEMBER COUNTRIES .
8CONSEQUENTLY , BY REGULATION NO 2604/77 IT INTRODUCED MONETARY COMPENSATORY AMOUNTS IN RESPECT OF PRODUCTS UNDER IN PARTICULAR TARIFF SUBHEADINGS 10.01 B ( DURUM WHEAT ), 11.02 A I ( A ) ( GROATS AND MEAL OF DURUM WHEAT ), 19.03 A ( MACARONI , SPAGHETTI AND SIMILAR PRODUCTS CONTAINING EGGS ), 19.03 B I ( MACARONI , SPAGHETTI AND SIMILAR PRODUCTS CONTAINING NO COMMON WHEAT FLOUR OR MEAL ) AND 19.03 B II ( OTHER MACARONI , SPAGHETTI AND SIMILAR PRODUCTS ).
9A FEW DAYS LATER , BY REGULATION NO 2792/77 OF 15 DECEMBER 1977 , THE COMMISSION ADDED A PARAGRAPH TO ARTICLE 2 OF THE PRECEDING REGULATION , ACCORDING TO WHICH THE COMPENSATORY AMOUNTS INTRODUCED BY THE LATTER SHALL NOT APPLY ' ' TO OPERATIONS CARRIED OUT UNDER COVER OF A CERTIFICATE FIXING THE EXPORT REFUND OR THE IMPORT LEVY IN ADVANCE IN RESPECT OF WHICH THE APPLICATION WAS LODGED PRIOR TO 26 NOVEMBER 1977 ' ' .
10TWO WEEKS LATER , BY REGULATION NO 2917/77 , THE COMMISSION DECIDED THAT DURING THE PERIOD FROM 2 JANUARY 1978 TO 28 FEBRUARY 1978 THE COMPENSATORY AMOUNTS FIXED FOR THE PRODUCTS FALLING WITHIN TARIFF SUBHEADINGS 10.01 B ( DURUM WHEAT ) AND 11.02 A I ( A ) ( GROATS AND MEAL OF DURUM WHEAT ) WERE TO BE GRANTED ON CERTAIN EXPORTS AND IMPORTS ONLY UNDER SPECIFIED TERMS .
11THE QUESTIONS RAISED BY THE PRETURA DI TRENTO ARE AS FOLLOWS :
1 . MUST REGULATION ( EEC ) NO 974/71 OF THE COUNCIL ( AS SUCCESSIVELY AMENDED ) BE INTERPRETED AS MEANING THAT THE COMMUNITY INSTITUTIONS MAY , FOLLOWING A PERIOD OF THREE YEARS - DURING WHICH THEY REFRAINED FROM APPLYING COMPENSATORY AMOUNTS TO A BASIC AGRICULTURAL PRODUCT ( DURUM WHEAT ) - INTRODUCE SPECIFIC MONETARY COMPENSATORY AMOUNTS IN RELATION TO PRODUCTS DERIVED FROM THE SAID BASIC PRODUCT ( PASTA PRODUCTS ), EVEN THOUGH WITHIN THE SAID THREE YEARS AND CERTAINLY DURING THE LAST YEAR ( 1977 ), NO DISTURBANCES WHATEVER HAD OCCURRED ON THE MARKET IN THE BASIC AGRICULTURAL PRODUCT IN QUESTION ( DURUM WHEAT)?
2 . IN THE EVENT OF A NEGATIVE ANSWER TO QUESTION 1 ( ABOVE ), MUST COMMISSION REGULATION ( EEC ) NO 2604/77 BE CONSIDERED INVALID , AT LEAST IN SO FAR AS IT INTRODUCES MONETARY COMPENSATORY AMOUNTS ON EXPORTS OF PASTA PRODUCTS?
3 . IN THE EVENT OF AN AFFIRMATIVE ANSWER TO QUESTION 1 ( ABOVE ), MAY REGULATION NO 2604/77 IN CONJUNCTION WITH REGULATIONS ( EEC ) NOS 2792/77 AND 2917/77 BE CONSIDERED TO BE APPLICABLE TO EXPORTATIONS OF PASTA PRODUCTS FROM ITALY TO THE OTHER MEMBER STATES AND NON-MEMBER COUNTRIES AFTER 2 JANUARY 1978 , PURSUANT TO CONTRACTS CONCLUDED PRIOR TO 25 NOVEMBER 1977 , THE DATE OF THE ADOPTION OF REGULATION NO 2604/77 , DURING A PERIOD IN WHICH IT WAS NOT POSSIBLE TO FORESEE THE INTRODUCTION OF