: 'THE COMMISSION SHALL UNDERTAKE SUCH DETERMINATION EITHER ON ITS OWN INITIATIVE OR AT THE REQUEST OF A COMPETENT AUTHORITY OF MEMBER STATE OR OF AN INTERESTED UNDERTAKING OR ASSOCIATION OF UNDERTAKINGS '.
11 TO REQUIRE THE COMMISSION TO CONSULT THE MEMBER STATES EVEN IN CASES WHERE IT IS IN NO DOUBT THAT THE EXCEPTIONS PROVIDED FOR UNDER REGULATION NO 26 CANNOT APPLY WOULD OBLIGE THE COMMISSION TO FULFIL UNNECESSARY FORMALITIES AND NEEDLESSLY DELAY ENQUIRIES INTO THE MATTERS CONCERNED .
SECOND SUBMISSION AS TO FORM
12 THE APPLICANTS CRITICIZE THE COMMISSION FIRST FOR HAVING ADDRESSED ITS FIRST STATEMENT OF OBJECTIONS OF 12 NOVEMBER 1969 ONLY TO THEIR MEMBERS AND NOT TO THE APPLICANTS THEMSELVES AND, SECONDLY, FOR HAVING, AFTER THE SECOND STATEMENT OF OBJECTIONS OF 19 NOVEMBER 1973, CONTINUED THE PROCEDURE ON THE BASIS OF THE NEW TEXT OF ARTICLE 9 OF THE AGREEMENT AS IT APPEARED AFTER THE AMENDMENT OF 21 FEBRUARY 1974 .
13 THE APPLICANTS CANNOT CLAIM THAT THEY WERE NOT INFORMED BY THE UNDERTAKINGS WHICH THEY ORGANIZE, BECAUSE THE SUBJECT OF THE STATEMENT OF OBJECTIONS WAS, OF COURSE, THE AGREEMENT CONCLUDED BETWEEN THE TWO ASSOCIATIONS .
14 MOREOVER, THE NATURE OF THE AMENDMENT OF 21 FEBRUARY 1974 DID NOT REQUIRE A FRESH STATEMENT OF OBJECTIONS .
THIRD SUBMISSION AS TO FORM
15 THE APPLICANTS CONTEND THAT THE COMMISSION HAS, SINCE 1961, USED THE NETHERLANDS AUCTIONS AS A SOURCE OF INFORMATION FOR THE PURPOSE OF FIXING THE REFERENCE PRICES FOR FRUIT AND VEGETABLES .
16 IT CLAIMS THAT THE COMMISSION CANNOT, CONSEQUENTLY, RAISE OBJECTIONS TO THE AGREEMENT WITHOUT DEPARTING FROM THE PRINCIPLES OF GOOD ADMINISTRATION AND MISUSING ITS POWERS .
17 THE COMMISSION COULD MAKE USE OF THE DETAILS OF PRICES SUPPLIED BY THE ROTTERDAM AUCTIONS AS STATISTICAL INFORMATION ENABLING IT TO DIRECT THE COMMON AGRICULTURAL POLICY WITHOUT THEREBY LEGITIMIZING THE CONDITIONS IMPOSED IN THE AGREEMENT ON THE OPERATIONS OF WHOLESALERS WHO TAKE PART IN THE SALES BY AUCTION .
FOURTH SUBMISSION AS TO FORM
18 THE APPLICANTS CRITICIZE THE DEFENDANT FOR NOT HAVING TAKEN ACCOUNT OF ASSURANCES GIVEN BY THE DIRECTOR OF THE 'RESTRICTIVE PRACTICES AND DOMINANT POSITIONS' DIRECTORATE IN HIS LETTER OF 21 DECEMBER 1971 REGARDING THE COMPATIBILITY OF AN AMENDED VERSION OF THE AGREEMENT WITH THE REQUIREMENTS OF ARTICLE 85 ( 3 ).
19 IN THE LETTER, THE DIRECTOR-GENERAL OF COMPETITION ( SIC ), TAKING NOTE OF A SPECIFIC AMENDMENT TO THE AGREEMENT WHICH THE APPLICANTS WERE PREPARED TO ACCEPT, STATES THAT, IN HIS VIEW, THE AGREEMENT AS THUS AMENDED, CAN, NOTWITHSTANDING THE REMAINING RESTRICTION ON COMPETITION, QUALIFY FOR EXEMPTION UNDER ARTICLE 85 ( 3 ).
20 EXPRESSED IN THESE TERMS, THE OPINION GIVEN COULD NOT CONVEY ANY IMPRESSION THAT IT COMMITTED THE COMMISSION; NOR, MOREOVER, IS THE SIGNATORY AUTHORIZED TO ENTER INTO SUCH A COMMITMENT .
21 THE SUBMISSIONS AS TO FORM MUST, ACCORDINGLY, BE DISMISSED .
FIRST SUBMISSION AS TO SUBSTANCE
22 THE APPLICANTS CONTEND THAT, BECAUSE THE DISPUTED DECISION WITHHELD APPLICATION OF ARTICLE 2 OF REGULATION NO 26 TO THE DISPUTED