79/252/EEC OF 21 DECEMBER 1978 AMENDING THE UNILATERAL IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES ( OFFICIAL JOURNAL 1979 , L 60 , P . 1 ). IN ARTICLE 3 THEREOF THAT DECISION PROVIDED THAT MEMBER STATES WERE TO OPEN IMPORT QUOTAS AND , IN ANNEX IX THERETO , THAT THE QUOTA FOR THE IMPORT OF HANDKERCHIEFS FROM CZECHOSLOVAKIA INTO THE BENELUX COUNTRIES WAS TO BE 3 393 000 ITEMS . ACCORDING TO THE ORDER MAKING THE REFERENCE FOR A PRELIMINARY RULING , THE NETHERLANDS MINISTER FOR ECONOMIC AFFAIRS DECIDED TO DISTRIBUTE THAT PART OF THE BENELUX COUNTRIES ' QUOTA ALLOCATED TO THE NETHERLANDS ON THE BASIS OF IMPORTS OF HANDKERCHIEFS FROM CZECHOSLOVAKIA DURING 1977 . SINCE THE IMPORTER CONCERNED IN THIS CASE HAD NOT IMPORTED HANDKERCHIEFS FROM CZECHOSLOVAKIA DURING THE REFERENCE PERIOD THE IMPORT LICENCES FOR 1979 FOR WHICH THE IMPORTER APPLIED WERE REFUSED .
4 TONEMAN APPEALED TO THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN AGAINST THAT REFUSAL ON THE GROUND THAT THE DECISION OF 21 DECEMBER 1978 ON THE OPENING OF THE QUOTA IN QUESTION , WHICH ENTERED INTO FORCE ON 1 JANUARY 1979 , HAD NOT BEEN PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES UNTIL 12 MARCH 1979 , THAT THE NETHERLANDS AUTHORITIES HAD NEVER GIVEN ANY GENERAL NOTIFICATION OF THE IMPOSITION OF THE QUOTAS IN QUESTION , AND THAT THE TRADERS CONCERNED HAD NOT BEEN INFORMED OF THAT MEASURE IN GOOD TIME .
5 THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN TOOK THE VIEW THAT THE OUTCOME OF THE DISPUTE DEPENDED ON THE INTERPRETATION OF COMMUNITY PROVISIONS ON THE IMPOSITION OF QUOTAS AND REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING TWO QUESTIONS ON THE INTERPRETATION OF ARTICLE 4 OF REGULATION NO 1023/70 OF THE COUNCIL AND THE EFFECTS OF ANY FAILURE TO COMPLY WITH THAT PROVISION .
6 THE FIRST OF THOSE QUESTIONS IS WORDED AS FOLLOWS :
' ' MUST REGULATION NO 1023/70 OF THE COUNCIL BE INTERPRETED TO MEAN THAT THE PROVISION CONCERNING PUBLICATION CONTAINED IN ARTICLE 4 OF THE REGULATION APPLIES TO THE IMPORT QUOTAS TO BE OPENED BY THE MEMBER STATES PURSUANT TO ARTICLE 3 OF COUNCIL DECISION 79/252 OF 21 DECEMBER 1978 ' ' ?
7 ARTICLE 4 OF REGULATION NO 1023/70 PROVIDES THAT ' ' NOT LATER THAN THREE WEEKS AFTER EACH QUOTA ALLOCATION THE MEMBER STATES SHALL MAKE KNOWN , BY OFFICIAL PUBLICATION , THE PRODUCTS WHICH MAY BE IMPORTED OR EXPORTED AND THE PROCEDURE WHEREBY IMPORT OR EXPORT OF SUCH PRODUCTS IS TO BE AUTHORIZED ' ' .
8 THE COMMISSION AND THE NETHERLANDS GOVERNMENT CONSIDER THAT THAT PROVISION APPLIES ONLY TO COMMUNITY QUOTAS AND NOT TO NATIONAL QUOTAS WHICH IN CERTAIN CASES CONTINUE TO EXIST , WITH THE COMMUNITY ' S PERMISSION , IN REGARD TO STATE-TRADING COUNTRIES . THE QUOTA INVOLVED IN THIS CASE IS SUCH A NATIONAL QUOTA .
9 THE ANSWER TO THE QUESTION SUBMITTED BY THE NATIONAL COURT SHOULD BE SOUGHT BOTH WITHIN THE CONTEXT OF THE