FREE CIRCULATION IN THE COMMUNITY .
5 BY A LETTER DATED 13 OCTOBER 1982 , THE COMMISSION INVITED IRELAND , PURSUANT TO ARTICLE 169 OF THE TREATY , TO SUBMIT ITS OBSERVATIONS . IN ITS REPLY OF 22 FEBRUARY 1983 THE IRISH GOVERNMENT DEFENDED THE MEASURE WHICH HAD BEEN ADOPTED . SINCE THE COMMISSION DID NOT ACCEPT THAT DEFENCE , IT DELIVERED , ON 1 AUGUST 1983 , THE REASONED OPINION PROVIDED FOR IN ARTICLE 169 . IN THAT OPINION , THE COMMISSION STATED THAT IT HAD NO OBJECTION TO THE IRISH MEASURE IN SO FAR AS IT CONCERNED DIRECT IMPORTS FROM NON-MEMBER COUNTRIES BUT IT CONSIDERED IT INCOMPATIBLE WITH THE RULES OF COMMUNITY LAW IN SO FAR AS IT APPLIED TO PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES BUT IN FREE CIRCULATION IN ANOTHER MEMBER STATE . IN ITS REASONED OPINION THE COMMISSION ALSO STATED THAT IT WAS OPEN TO THE IRISH GOVERNMENT TO APPLY TO IT FOR AN AUTHORIZATION UNDER ARTICLE 115 OF THE EEC TREATY TO EXCLUDE POTATOES ORIGINATING IN A NON-MEMBER COUNTRY FROM COMMUNITY TREATMENT AND THAT IT WOULD THEN BE IN A POSITION TO DECIDE WHETHER THE CONDITIONS FOR THE GRANT OF SUCH AN AUTHORIZATION WERE FULFILLED .
6 IN ITS REPLY TO THE REASONED OPINION , DATED 25 OCTOBER 1983 , IRELAND ONCE AGAIN DEFENDED THE MEASURE WHICH HAD BEEN ADOPTED AND APPLIED TO THE COMMISSION FOR RETROACTIVE AUTHORIZATION UNDER ARTICLE 115 IN RESPECT OF THE INCIDENTS COMPLAINED OF . THE COMMMISION DID NOT GRANT THAT APPLICATION AND IT BROUGHT THE PRESENT ACTION ON 23 DECEMBER 1983 .
THE ARGUMENTS OF THE PARTIES
7 THE ARGUMENTS OF THE PARTIES , AS THEY APPEAR FROM THE DOCUMENTS RELATING TO THE PROCEDURE PRIOR TO THE BRINGING OF THE ACTION AND FROM THE PLEADINGS IN THE ACTION , MAY BE SUMMARIZED AS FOLLOWS .
8 THE COMMISSION CONSIDERS THAT THE POTATOES ORDER 1981 INFRINGES ARTICLES 9 , 10 AND 30 OF THE EEC TREATY INASMUCH AS IT ONLY EXEMPTS FROM THE OBLIGATION TO OBTAIN AN IMPORT LICENCE POTATOES ORIGINATING IN OTHER MEMBER STATES AND THEREBY RESTRICTS THE IMPORTATION OF POTATOES ORIGINATING IN NON-MEMBER COUNTRIES BUT IN FREE CIRCULATION IN THOSE STATES IN ACCORDANCE WITH THE PROVISIONS OF COMMUNITY LAW RELATING TO TARIFFS AND TRADE . THE COMMISSION REFERS IN THIS CONNECTION TO THE JUDGMENT OF 15 DECEMBER 1976 ( CASE 41/76 DONCKERWOLCKE V PROCUREUR DE LA REPUBLIQUE ( 1976 ) ECR 1921 ) IN WHICH THE COURT DEFINED THE SCOPE OF THE CONCEPT OF FREE CIRCULATION .
9 THE COMMISSION EMPHASIZES THAT THE IRISH ORDER IS FAR FROM BEING PURELY FORMAL BECAUSE IT EXPRESSLY PROHIBITS THE IMPORTATION OF POTATOES OTHERWISE THAN UNDER A LICENCE , BECAUSE IT IMPOSES SUBSTANTIAL PENALTIES FOR OFFENCES AGAINST IT AND BECAUSE IT APPLIES PERMANENTLY TO ALL POTATOES REGARDLESS OF THEIR ORIGIN .
10 IRELAND ADVANCES THE FOLLOWING ARGUMENTS IN DEFENCE OF THE CONTESTED MEASURE .
( A ) THE COMMISSION WAS MADE AWARE OF THE PROPOSAL TO ADOPT THE MEASURE IN QUESTION , GAVE