AND THE INTENSIFICATION OF THE CRISIS . ON CONSIDERING THE SITUATION OF THOSE UNDERTAKINGS THE COMMISSION FOUND THAT SINCE THEY HAD RECEIVED AID , OFTEN MODEST AND FOR PURPOSES OTHER THAN TO COVER OPERATING LOSSES , THEY COULD NO LONGER OBTAIN AN ADJUSTMENT OF THEIR QUOTAS . IT WAS ONLY THEN THAT THE COMMISSION BECAME AWARE THAT THE EFFECT OF ARTICLE 14 OF DECISION NO 2177/83 WAS TO EXCLUDE FROM THE BENEFIT OF ADJUSTMENT SOME UNDERTAKINGS WHICH DESERVED IT . IN THE CIRCUMSTANCES THE COMMISSION CONCLUDED THAT THE APPLICATION OF THE SAID PROVISION HAD IN FACT ENCOUNTERED UNFORESEEN DIFFICULTIES AND THAT IT WAS PERFECTLY ENTITLED TO REMEDY THE SITUATION BY ADOPTING DECISION NO 2748/83 PURSUANT TO ARTICLE 18 OF DECISION NO 2177/83 .
14 FOR THE PURPOSE OF RESOLVING THIS PROBLEM IT MUST FIRST OF ALL BE EMPHASIZED THAT THE PURPOSE OF THE AMENDMENT TO ARTICLE 14 OF DECISION NO 2177/83 IS WITHIN THE LIMITS OF THE ADJUSTMENTS AUTHORIZED BY ARTICLE 18 THEREOF . THE SUBMISSION MADE BY THE APPLICANTS CONCERNS ONLY THE ACTUAL CIRCUMSTANCE WHICH JUSTIFIES THE AUTHORIZATION , NAMELY THAT THE DIFFICULTIES ENCOUNTERED WERE IN FACT UNFORESEEN . EVEN IF THE COMMISSION OUGHT TO HAVE FORESEEN THE DIFFICULTIES IN QUESTION WHEN ADOPTING DECISION NO 2177/83 , ITS FAILURE TO DO SO CANNOT AMOUNT TO A MISUSE OF POWERS . IT FOLLOWS THAT THE SUBMISSION MUST BE DISMISSED .
ALLEGED INFRINGEMENT OF DECISION NO 2320/81
15 THE APPLICANT MAINTAINS THAT ALTHOUGH THE AIM OF DECISION NO 2748/83 IS APPARENTLY TO REGULATE PRODUCTION QUOTAS , IN FACT IT SEEKS TO ESTABLISH A HIERARCHY BETWEEN THE VARIOUS KINDS OF AID WHICH WAS CERTAINLY NOT CONTEMPLATED BY DECISION NO 2320/81 . THE REAL AIM OF DECISION NO 2748/83 IS THUS TO AMEND THE RULES ON AID AND THAT AMOUNTS TO A MISUSE OF POWERS VIS-A-VIS THE APPLICANT .
16 THAT ARGUMENT IS OBVIOUSLY UNFOUNDED . IN THE FIRST PARAGRAPH OF SECTION II OF THE PREAMBLE TO DECISION NO 2320/81 THE COMMISSION STATED THAT IT WAS APPROPRIATE TO DIFFERENTIATE BETWEEN VARIOUS FORMS OF AID , WITH A VIEW TO PLACING STRICTER TIME CONSTRAINTS ON THOSE WHICH WERE LIKELY TO HAVE MORE DAMAGING EFFECTS ON COMPETITION AND TO BE LESS EFFECTIVE IN PROMOTING RESTRUCTURING . IN APPLICATION OF THAT PRINCIPLE ARTICLE 5 OF THE DECISION SUBJECTS THE AUTHORIZATION OF AID FOR CONTINUED OPERATION TO PARTICULARLY STRICT CONDITIONS BY COMPARISON WITH THOSE PROVIDED FOR OTHER FORMS OF AID , APART FROM EMERGENCY AID WHICH COULD NOT BE AUTHORIZED AFTER 31 DECEMBER 1981 . IT IS QUITE CONSISTENT WITH THE ASSESSMENT BY THE COMMISSION OF THE VARIOUS FORMS OF AID THAT BY MEANS OF THE CONTESTED DECISION IT INTRODUCED INTO THE QUOTA SYSTEM A DISTINCTION BETWEEN AID INTENDED TO COVER OPERATING LOSSES AND OTHER FORMS OF AID AUTHORIZED BY IT .
17 IN THE CIRCUMSTANCES IT MUST BE HELD THAT THE APPLICANT HAS NOT SUCCEEDED IN SHOWING THAT DECISION NO 2748/83 IS VITIATED BY MISUSE OF POWERS VIS-A-VIS THE APPLICANT . CONSEQUENTLY THE ACTION MUST BE