FORM OF A FOOTNOTE ANNOTATING CERTAIN TARIFF HEADINGS, IT IS AN EXPRESSION OF THE WILL OF THE COUNCIL AND ON THAT GROUND FORMS AN INTEGRAL PART OF REGULATION NO 1052/68;
16 ANNOTATIONS, IN VARIOUS FORMS, ARE COMMONLY USED IN THIS SPHERE;
17 THE NOTE IN DISPUTE IS THEREFORE TO BE CONSIDERED AS ENJOYING THE SAME LEGAL FORCE AS THE REGULATION;
18 BY THE SIXTH QUESTION, THE COURT IS ASKED TO STATE WHETHER THE PROVISIONS OF REGULATION 1052/68 REFERRING TO COLUMNS 3, 4 AND 5 OF THE ANNEX ARE TO BE INTERPRETED IN SUCH A WAY AS TO INCLUDE A REFERENCE TO COLUMNS 1 AND 2 OF THAT ANNEX; THE NOTE IN DISPUTE IS APPENDED TO A HEADING SET OUT IN COLUMN 2;
19 THE ANNEX, WHICH IS DRAWN UP IN THE FORM OF A GENERAL SCHEDULE, IS TO BE CONSIDERED AS A COHERENT ENTITY WITHIN WHICH THE DETAILED PROVISIONS ARE MEANINGFUL ONLY IN RELATION TO THE SCHEDULE AS A WHOLE;
20 IN PARTICULAR, THE ENTRIES IN COLUMNS 3, 4 AND 5 WOULD BE MEANINGLESS UNLESS THEY WERE TAKEN IN CONJUNCTION WITH THE CORRESPONDING RUBRICS IN COLUMNS 1 AND 2;
21 IT FOLLOWS THAT THE NOTE APPENDED TO THE RUBRICS WHICH APPEAR IN COLUMN 2 OPPOSITE HEADINGS 11.01 AND 11.02 RELATES TO ALL THE PROVISIONS OF THE ANNEX WHICH CONCERN THE SAID HEADINGS, INCLUDING INTER ALIA SUBHEADING 23.02 A WHICH IS EXPRESSLY REFERRED TO BY THE NOTE ITSELF;
22 ANY REFERENCE IN THE REGULATION TO COLUMNS 3, 4 AND 5 THEREFORE CONSTITUTES AN IMPLICIT REFERENCE ALSO TO COLUMNS 1 AND 2 AND THE NOTE APPENDED THERETO;
23 THE SEVENTH QUESTION ASKS WHETHER THE VALIDITY OF THE NOTE IS AFFECTED BY THE FACT THAT REGULATION NO 1052/68 DOES NOT, ON THE POINT LAID DOWN BY THE NOTE IN DISPUTE, CONTAIN A STATEMENT OF REASONS IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 190 OF THE EEC TREATY .
24 THE REQUIREMENTS OF ARTICLE 190 OF THE TREATY ARE SATISFIED WHEN THE SAID STATEMENT OF REASONS EXPLAINS IN ESSENCE THE MEASURES TAKEN IN REGULATIONS BY THE INSTITUTIONS;
25 A SPECIFIC STATEMENT OF REASONS IN SUPPORT OF ALL THE DETAILS WHICH MIGHT BE CONTAINED IN SUCH A MEASURE CANNOT BE REQUIRED, PROVIDED SUCH DETAILS FALL WITHIN THE GENERAL SCHEME OF THE MEASURE AS A WHOLE, WHICH IN THIS CASE CANNOT BE DISPUTED;
26 THE VALIDITY OF THE NOTE IN DISPUTE CANNOT THEREFORE BE DOUBTED ON THE GROUND OF THE ABSENCE OF A STATEMENT OF REASONS;
ON THE RELATIONSHIP BETWEEN THE CLASSIFICATION CRITERIA LAID DOWN BY REGULATION NO 1052/68 AND THE BASIC REGULATIONS AND PRIOR PROVISIONS ( QUESTIONS 1 AND 4, AND 8 TO 13 )
27 THE " COLLEGE VAN BEROEP " HAS REFERRED A CERTAIN NUMBER OF QUESTIONS, FIRST, ON THE INTERPRETATION OF THE CLASSIFICATION CRITERIA LAID DOWN BY THE VARIOUS RELEVANT REGULATIONS, AND, SECONDLY, ON THE VALIDITY OF THE NOTE IN DISPUTE, IN THE ANNEX TO REGULATION 1052/68 WITH REGARD TO THE CLASSIFICATION CRITERIA FIXED BY THE BASIC REGULATIONS VIZ, REGULATION NO 120/67