REQUIRE THE INDEPENDENT DEALERS TO OBSERVE THE MINIMUM PRICES IMMEDIATELY .
( 5 ) THE FAILURE TO APPLY THE MEASURE TO IMPORTS FROM NON-MEMBER COUNTRIES , ENTAILING THE ATTENDANT POSSIBILITY OF ALIGNMENT
108 ACCORDING TO THE APPLICANTS , COMMUNITY PURCHASERS WERE ABLE TO OBTAIN SUPPLIES AT PRICES BELOW THE MINIMUM PRICES QUITE LEGALLY BY RECOURSE TO IMPORTS FROM NON-MEMBER COUNTRIES . ACCORDING TO THE GERMAN APPLICANTS , THE ITALIAN PRODUCERS HAD USED THE FREEDOM THUS GRANTED IN RESPECT OF SUCH IMPORTS TO SELL THEIR CONCRETE REINFORCEMENT BARS IN BAVARIA BELOW THE MINIMUM PRICES BY ROUTING THEM THROUGH SWITZERLAND , WHICH , IT IS ALLEGED , HAD A CONSIDERABLE INFLUENCE ON THE LEVEL OF PRICES IN BAVARIA , WHERE IT WAS NO LONGER POSSIBLE TO SELL AT THE MINIMUM PRICES ; FURTHER , THE FREEDOM ACTUALLY GRANTED TO THE COMMUNITY UNDERTAKINGS TO ALIGN THEIR PRICES ON OFFERS FROM NON-MEMBER COUNTRIES WHICH WERE LOWER THAN THE MINIMUM PRICES IS SAID TO HAVE LASTED UNTIL 14 MARCH 1978 , THE DATE OF DECISION NO 527/78 ( OFFICIAL JOURNAL L 73 , P . 16 ) PROHIBITING ALIGNMENT ON OFFERS ORIGNATING IN CERTAIN THIRD COUNTRIES .
109 IN REPLY TO THOSE COMPLAINTS THE COMMISSION POINTS OUT IN THE FIRST PLACE THAT IN THIS FIELD ARTICLES 74 AND 86 OF THE TREATY DO NOT EMPOWER IT TO TAKE MEASURES DIRECTLY PROHIBITING IMPORTS FROM NON-MEMBER COUNTRIES , AND THAT WITHIN THE FRAMEWORK OF ITS POWERS IT HAD ISSUED THREE RECOMMENDATIONS ON 15 APRIL 1977 - THAT IS , TWO WEEKS BEFORE DECISION NO 962/77 - ALL THREE OF WHICH WERE DESIGNED TO COMBAT IMPORTS ORIGINATING IN NON-MEMBER COUNTRIES ( RECOMMENDATIONS NO 77/382/ECSC , NO 77/329/ECSC AND NO 77/330/ECSC , OFFICIAL JOURNAL L 114 OF 5 MAY 1977 , PP . 4 , 6 AND 15 ).
110 THEREFORE THE COMMISSION CANNOT BE ACCUSED OF NOT HAVING TRIED TO COMBAT IMPORTS FROM NON-MEMBER COUNTRIES . IT IS IMPORTANT TO POINT OUT ALSO THAT IN ITS NEGOTIATIONS WITH NON-MEMBER COUNTRIES THE COMMISSION FACES CONSIDERABLE DIFFICULTIES AS A RESULT OF THE FACT THAT THE ECSC IS A NET EXPORTER OF STEEL ; IN SUCH CIRCUMSTANCES IT IS COMPELLED TO ENSURE THE CONTINUANCE OF COMMUNITY EXPORTS AT THE SAME TIME AS IT MUST ATTEMPT TO LIMIT IMPORTS INTO THE COMMUNITY , AND IT HAD REASON TO FEAR THAT BY TAKING NON-NEGOTIATED RESTRICTIVE DECISIONS WITH REGARD TO NON-MEMBER COUNTRIES IT MIGHT PROVOKE RETALIATORY MEASURES ON THEIR PART WHICH WOULD BE DETRIMENTAL TO THE GENERAL INTEREST .
111 AS REGARDS THE SPECIAL CASE OF IMPORTS OF ITALIAN CONCRETE REINFORCEMENT BARS VIA SWITZERLAND , THE COMMISSION MAINTAINS IN THE FIRST PLACE THAT SUCH IMPORTS WERE ABNORMALLY HIGH ONLY IN OCTOBER AND DECEMBER 1977 , AND NOT FROM JUNE TO SEPTEMBER 1977 , AND SECONDLY THAT IN THE CONTEXT OF MEASURES TAKEN AGAINST IMPORTS IT HAD CONCLUDED AN AGREEMENT WITH SWITZERLAND EARLY IN 1978 WHEREBY THAT COUNTRY UNDERTOOK TO OBSERVE THE MINIMUM PRICES IN CONNEXION WITH ITS EXPORTS OF CONCRETE REINFORCEMENT BARS TO THE