FRAMEWORK OF THE COMMUNITY PROCEDURES PROVIDED FOR THAT PURPOSE .
21 IT FOLLOWS FROM THE FOREGOING THAT THE CONDITIONS TO WHICH THE GRANT OF INTERIM MEASURES IS SUBJECT ARE FULFILLED IN THIS CASE AND THAT PENDING THE DELIVERY OF THE JUDGMENT IN THE MAIN ACTION IT IS NECESSARY , UNDER ARTICLE 186 OF THE EEC TREATY , TO SUSPEND THE PRACTICES AT ISSUE WHICH ARE BEING APPLIED BY THE FRENCH AUTHORITIES .
22 AS REGARDS THE TERMS OF THE MEASURES TO BE ORDERED IT IS APPROPRIATE TO RECORD THAT THE FRENCH GOVERNMENT ITSELF CONSIDERED IN OCTOBER 1981 THAT RANDOM CHECKS ON ROUGHLY ONE CONSIGNMENT IN 10 WOULD SUFFICE TO AVOID ANY RISKS AND THAT NO EVIDENCE HAS BEEN PUT FORWARD TO SHOW THAT THE BASIS OF THAT ASSESSMENT HAS CHANGED IN THE MEANTIME . IT THEREFORE APPEARS APPROPRIATE , APART FROM SPECIAL CASES WHERE SPECIFIC EVIDENCE MAY JUSTIFY A SUSPICION OF FRAUD , TO RESTRICT THE FREQUENCY OF ANALYSES BEFORE RELEASE TO THE MARKET OF THE CONSIGNMENTS CONCERNED . HAVING REGARD TO THE NECESSARILY PROVISIONAL NATURE OF THE MEASURES TO BE ORDERED AND IN ORDER NOT TO PRE-JUDGE FACTORS WHICH MAY , IN ONE WAY OR ANOTHER , EMERGE DURING THE MAIN PROCEEDINGS IT IS PROPER TO RESTRICT THOSE ANALYSES TO A MAXIMUM OF 15% OF THE CONSIGNMENTS PRESENTED AT THE FRONTIER .
23 EFFECTIVE PROTECTION OF PUBLIC HEALTH DOES NOT , MOREOVER , REQUIRE THAT THE CONSIGNMENTS OF WINE CHECKED BEFORE RELEASE TO THE MARKET SHOULD BE HELD UP AT THE FRONTIER . IN THAT RESPECT THE FRENCH GOVERNMENT ITSELF CONSIDERED THAT IT OUGHT NORMALLY BE POSSIBLE TO EFFECT THE NECESSARY ANALYSES WITHIN A PERIOD OF A FORTNIGHT BUT THAT ADMINISTRATIVE DIFFICULTIES MIGHT POSSIBLY CREATE DELAYS . IT THEREFORE APPEARS APPROPRIATE TO ORDER , BY WAY OF AN INTERIM MEASURE , THAT THE ANALYSES MADE BEFORE RELEASE OF THE CONSIGNMENTS IN QUESTION TO THE MARKET MUST BE COMPLETED WITHIN A PERIOD OF 21 DAYS FROM PRESENTATION OF THOSE CONSIGNMENTS AND THE DOCUMENTS AT THE FRONTIER UNLESS THERE ARE SPECIAL REASONS WHICH JUSTIFY SPECIFIC ANALYSES IN EXCEPTIONAL CASES .
24 AS REGARDS THE CHECKING OF THE ACCOMPANYING DOCUMENTS IT HAS NOT BEEN DENIED DURING THE PRESENT PROCEEDINGS THAT IT IS FOR THE FRENCH AUTHORITIES TO VERIFY THAT ALL THE CONSIGNMENTS OF WINE PRESENTED AT THE FRONTIER ARE ACCOMPANIED BY THE APPROPRIATE DOCUMENTS DULY COMPLETED AND ISSUED BY THE COMPETENT ITALIAN DEPARTMENTS . DIFFICULTIES AND OBSTACLES CREATED BY SUCH CHECKING OF DOCUMENTS MUST HOWEVER BE PROPORTIONATE TO THE END PURSUED . ONLY SUBSTANTIAL IRREGULARITIES MAY THEREFORE JUSTIFY DELAY IN THE RELEASE TO THE MARKET OF THE CONSIGNMENTS IN QUESTION . WHEN SUCH IRREGULARITIES ARE FOUND BY THE FRENCH AUTHORITIES AND WHEN , ACCORDING TO THOSE AUTHORITIES , THEY JUSTIFY REFUSAL OF RELEASE TO THE MARKET , THEY MUST WITHOUT DELAY INFORM THE ITALIAN AUTHORITIES OF THE IRREGULARITIES AND SUPPLY THEM WITH THE NECESSARY DOCUMENTS IN ORDER TO ENABLE THEM TO FURNISH THE REQUISITE VERIFICATIONS OR PARTICULARS . WHERE THE ACCOMPANYING DOCUMENT