BE RECONSIDERED AND IT ARGUES , IN SUBSTANCE , THAT ARTICLE 58 EMPOWERED THE COMMISSION TO TAKE ACTION WITH REGARD ONLY TO THE PRODUCTION OF STEEL AND NOT TO ITS MARKETING , WHETHER IN THE COMMON MARKET OR ON EXPORT MARKETS . THE ECSC TREATY AS A WHOLE DOES NOT SUPPORT THE INFERENCE OF ' ' IMPLIED POWERS ' ' ENABLING THE COMMISSION TO TAKE ACTION WITH REGARD TO THE DELIVERY OF GOODS .
39 AS TO THE DISTRIBUTION OF DELIVERIES BETWEEN THE DOMESTIC MARKET AND NON-MEMBER COUNTRIES , THE APPLICANT TAKES THE VIEW THAT ARTICLE 58 DOES NOT EMPOWER THE COMMISSION TO REGULATE EXTERNAL TRADE OR , IN PARTICULAR , TO CURTAIL EXPORTS . ITS VIEW IS THAT , UNDER THE SCHEME OF THE ECSC TREATY , COMMERCIAL POLICY FALLS WITHIN THE COMPETENCE OF THE MEMBER STATES . THE APPLICANT EXPLAINS THAT THE COMMISSION WAS EMPOWERED TO FIX PRODUCTION QUOTAS ONLY AT THE LEVEL OF DOMESTIC DEMAND , AND TO PERMIT UNDERTAKINGS TO DEDUCT FROM THE OUTPUT TO BE TAKEN INTO ACCOUNT , FOR THE CALCULATION OF PRODUCTION QUOTAS , THOSE QUANTITIES PROVEN TO HAVE BEEN EXPORTED TO NON-MEMBER COUNTRIES .
40 AS THE QUESTIONS RAISED ARE THE SUBJECT , IN DECISION 1831/81 , OF MORE EXPLICIT RULES THAN THOSE IN THE PREVIOUS DECISION , IT IS APPROPRIATE TO CONSIDER ONCE MORE THE APPLICANT ' S ARGUMENTS IN THE LIGHT OF THE NEW PROVISIONS .
41 UNDER ARTICLE 5 OF DECISION 1831/81 , THE COMMISSION IS TO FIX EACH QUARTER FOR EACH UNDERTAKING ITS PRODUCTION QUOTA AND THE PART OF SUCH QUOTAS WHICH MAY BE DELIVERED IN THE COMMON MARKET . THE DETAILED RULES FOR THAT DISTRIBUTION ARE DEALT WITH IN ARTICLES 8 TO 11 ; UNDER ARTICLE 11 ( 5 ), DELIVERIES IN RESPECT OF WHICH AN UNDERTAKING DOES NOT SHOW PROOF OF EXPORT OUTSIDE THE TERRITORY OF THE COMMUNITY ARE TO BE DEEMED TO HAVE BEEN MADE WITHIN THE COMMON MARKET .
42 IT FOLLOWS FROM THOSE PROVISIONS AS A WHOLE THAT THE COMMISSION IS TO FIX FOR EACH UNDERTAKING A COMPREHENSIVE PRODUCTION QUOTA WITHIN WHICH IT SPECIFIES THAT PART WHICH MAY BE DISPOSED OF WITHIN THE COMMON MARKET ; THE REMAINDER MAY BE DELIVERED TO THE MARKETS OF NON-MEMBER COUNTRIES . ARTICLE 9 OF THE DECISION PROVIDES FOR SEPARATE ABATEMENT RATES FOR ESTABLISHING THE PRODUCTION QUOTAS AND THE PART THEREOF WHICH MAY BE DELIVERED WITHIN THE COMMON MARKET . THE APPLICABLE ABATEMENT RATES FOR BOTH THE FOURTH QUARTER OF 1981 AND THE FIRST QUARTER OF 1982 WERE FIXED , PURSUANT TO THAT PROVISION , BY DECISIONS 2979/81 OF 15 OCTOBER 1981 ( OFFICIAL JOURNAL L 298 , P . 11 ) AND 3328/81 OF 20 NOVEMBER 1981 ( OFFICIAL JOURNAL L 334 , P . 34 ), RESPECTIVELY .
43 IN ITS JUDGMENT OF 7 JULY 1982 , THE COURT STRESSED THAT , OWING TO THE VERY NATURE OF THE MACHINERY ENVISAGED BY ARTICLE 58 OF THE TREATY , ANY RESTRICTION OF PRODUCTION HAS AN IMPACT