. IT DECLARES THAT SUPPLY IS IN CONSIDERABLE EXCESS OF DEMAND , THAT THE SHARE OF THE MARKET TAKEN BY IMPORTS HAS INCREASED SHARPLY AND THAT PRICES HAVE BEEN CUT TO WELL BELOW PRODUCTION COSTS . THE MENTION OF THOSE THREE ASPECTS OF THE CRISIS IS SUFFICIENT TO CONVEY AN IMPRESSION OF ITS SPECIAL CHARACTERISTICS AND THUS TO DEFINE IT ADEQUATELY FOR THE PURPOSES OF THE STATEMENT OF REASONS .
29 THAT THE DECISION WAS NECESSARY IN ORDER TO ATTAIN THE OBJECTIVES SET OUT IN ARTICLE 3 IS PROCLAIMED BY THE FOURTH RECITAL , ON THE BASIS OF THE REASONS STATED IN THE SECOND AND THIRD RECITALS , THAT IS TO SAY THE PREVIOUS ATTEMPTS BY THE COMMISSION TO SECURE VOLUNTARY COMMITMENTS ON THE PART OF THE UNDERTAKINGS , THEIR FAILURE AND THE RESULTING DETERIORATION OF THE MARKET FOR CONCRETE REINFORCEMENT BARS AND OF THE FINANCIAL SITUATION OF THE UNDERTAKINGS . THAT ACCOUNT OF THE NECESSITY FOR THE DECISION IS SUFFICIENT TO PROVIDE A COHERENT STATEMENT OF REASONS ON THAT POINT .
30 FINALLY , WITH REGARD TO THE FIXING OF THE PRICES , THE NEED TO ENSURE THAT PRODUCER AND CONSUMER UNDERTAKINGS REMAIN COMPETITIVE IS REFERRED TO BY THE SIXTH RECITAL , WHICH EVINCES A CONCERN TO RETAIN ' ' FLEXIBILITY IN THE MARKET ' ' IN THE CHOICE OF BASIS PRICES EX BASING POINT AS MINIMUM PRICES , AND ALSO IN THE TENTH RECITAL , WHERE IT IS STATED THAT UNDERTAKINGS REMAIN FREE TO PUBLISH BASIS PRICES ABOVE THE MINIMUM PRICES SET . MOREOVER , IT MAY BE DEDUCED A CONTRARIO FROM THE ELEVENTH RECITAL THAT THERE EXISTS THE OPTION OF ALIGNMENT ON THE MOST FAVOURABLE COMMUNITY PRICES , PROVIDED THAT THEY ARE IN ACCORDANCE WITH THE DECISION ON MINIMUM PRICES . ON THIS POINT , ALTHOUGH THE STATEMENT OF REASONS COULD DOUBTLESS HAVE BEEN MORE EXPLICIT , IT IS NONE THE LESS SUFFICIENT .
31 THUS THE SPECIFIC REQUIREMENTS LAID DOWN BY ARTICLE 61 WITH REGARD TO THE STATING OF REASONS WERE COMPLIED WITH TO A DEGREE WHICH WAS SUFFICIENT IN LAW .
PARAGRAPH 3 : COMPLIANCE WITH THE SPECIAL FORMAL CONDITIONS LAID DOWN BY ARTICLE 61
32 UNDER ARTICLE 61 THE DRAFTING OF A DECISION CONCERNING THE INTRODUCTION OF A PRICES SYSTEM WHICH HAS THE EFFECT OF TEMPORARILY SUSPENDING THE NORMAL RULES GOVERNING THE WORKING OF THE ECSC COMMON MARKET IS SURROUNDED BY PROCEDURAL REQUIREMENTS DESIGNED TO ENSURE THAT SUCH MEASURES ARE ADOPTED CIRCUMSPECTLY AND WITH CAUTION , WHICH REQUIREMENTS MUST BE REGARDED AS ESSENTIAL AND WHICH THE COURT MUST THEREFORE EXAMINE WITH A VIEW TO ASCERTAINING WHETHER THEY WERE OBSERVED .
33 ARTICLE 61 REQUIRES IN THE FIRST PLACE THAT THE COMMISSION ' S DECISION FIXING MINIMUM PRICES BE TAKEN :
1 . ON THE BASIS OF STUDIES MADE JOINTLY WITH UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS , IN ACCORDANCE WITH THE FIRST PARAGRAPH OF ARTICLE 46 AND THE THIRD PARAGRAPH OF ARTICLE 48 ;
2 . AFTER CONSULTING THE CONSULTATIVE COMMITTEE ; AND
3 .