MEMBER STATES .
17 IN THAT CONNECTION , TEZI REFERS TO ARTICLE 7 ( 2 ), WHICH PROVIDES FOR A PROCEDURE FOR ADAPTING NATIONAL SUBQUOTAS ' PARTICULARLY IN VIEW OF TRENDS IN PATTERNS OF TRADE ' . TEZI CONSIDERS THAT THAT PROCEDURE APPLIES NOT ONLY TO DIRECT IMPORTS BUT ALSO TO CASES IN WHICH DIFFICULTIES ARISE BECAUSE OF TRADE FLOWS WITHIN THE COMMUNITY .
18 FINALLY , TEZI POINTS OUT THAT , IF THE PROCEDURE PROVIDED FOR IN ARTICLE 7 ( 2 ) PROVED INSUFFICIENT , IT WOULD STILL BE POSSIBLE TO AMEND THE COMMUNITY QUOTA UNDER ARTICLE 5 OF REGULATION NO 3589/82 .
19 TEZI CONCLUDES BY PROPOSING THAT THE COURT SHOULD ANSWER THE TWO QUESTIONS PUT BY THE NATIONAL COURT IN THE NEGATIVE .
20 HOWEVER , IT IS CONTENDED BY ALL THE GOVERNMENTS WHICH HAVE SUBMITTED WRITTEN OBSERVATIONS IN THIS CASE AND BY THE COMMISSION THAT ARTICLE 115 IS STILL APPLICABLE AS REGARDS THE TEXTILE PRODUCTS COVERED BY REGULATION NO 3589/82 .
21 IN SUPPORT OF THEIR VIEW , THEY CITE THE COURT ' S JUDGMENT OF 15 DECEMBER 1976 IN CASE 41/76 ( DONCKERWOLCKE V PROCUREUR DE LA REPUBLIQUE ( 1976 ) ECR 1921 ), IN WHICH THE COURT HELD THAT ' THE FACT THAT AT THE EXPIRY OF THE TRANSITIONAL PERIOD THE COMMUNITY COMMERCIAL POLICY WAS NOT FULLY ACHIEVED IS ONE OF A NUMBER OF CIRCUMSTANCES CALCULATED TO MAINTAIN IN BEING BETWEEN THE MEMBER STATES DIFFERENCES IN COMMERCIAL POLICY CAPABLE OF BRINGING ABOUT DEFLECTIONS OF TRADE OR OF CAUSING ECONOMIC DIFFICULTIES IN CERTAIN MEMBER STATES ' . IN THE SAME JUDGMENT , THE COURT STATED THAT ' ARTICLE 115 ALLOWS DIFFICULTIES OF THIS KIND TO BE AVOIDED BY GIVING TO THE COMMISSION THE POWER TO AUTHORIZE MEMBER STATES TO TAKE PROTECTIVE MEASURES PARTICULARLY IN THE FORM OF DEROGATION FROM THE PRINCIPLE OF FREE CIRCULATION WITHIN THE COMMUNITY OF PRODUCTS WHICH ORIGINATED IN THIRD COUNTRIES AND WHICH WERE PUT INTO FREE CIRCULATION IN ONE OF THE MEMBER STATES ' .
22 THE GOVERNMENTS WHICH HAVE PARTICIPATED IN THESE PROCEEDINGS AND THE COMMISSION SUBMIT THAT THE SYSTEM INTRODUCED BY REGULATION NO 3589/82 DOES NOT MEAN THAT IMPORTS OF THE PRODUCTS IN QUESTION ARE NOW SUBJECT TO UNIFORM CONDITIONS IN ALL THE MEMBER STATES SINCE THEY ARE RESTRICTED IN EACH MEMBER STATE TO THE LIMITS IMPOSED BY THE RESPECTIVE NATIONAL SUBQUOTAS .
23 THEY ALSO CONTEST THE VIEW THAT THE TOTAL COMMUNITY QUOTA WAS DIVIDED INTO NATIONAL SUBQUOTAS FOR PURELY ADMINISTRATIVE REASONS .
24 THE ITALIAN GOVERNMENT MAINTAINS THAT , AS IS CLEAR FROM THE 10TH RECITAL IN THE PREAMBLE TO REGULATION NO 3589/82 , THE DIVISION INTO NATIONAL SUBQUOTAS WAS ADOPTED IN VIEW OF THE ECONOMIC REQUIREMENTS OF THE VARIOUS MEMBER STATES AND THE PARTICULAR SENSITIVITY OF THE COMMUNITY ' S TEXTILE INDUSTRY .
25 THE UNITED KINGDOM CONSIDERS THAT THE NATIONAL SUBQUOTAS WERE NOT ALLOCATED ON THE BASIS OF THE NEEDS OF THE COMMUNITY MARKET AS A WHOLE BUT HAVING REGARD TO THE VARIOUS NATIONAL MARKETS