AND VEGETABLES MARKETED WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1969 ( II ), P . 611 ) AS AMENDED BY COMMISSION REGULATION ( EEC ) NO 2150/80 OF 18 JULY 1980 ( OFFICIAL JOURNAL , L 210 , P . 5 ), HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .
2 IT IS TO BE NOTED THAT THE FIRST STEPS IN THE DIRECTION OF A COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES , BASED ON THE DEFINITION OF COMMON QUALITY STANDARDS , WERE TAKEN BY REGULATION NO 23 OF THE COUNCIL OF 4 APRIL 1962 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1959-62 , P . 97 ). ARTICLE 16 OF THAT REGULATION REQUIRES MEMBER STATES TO TAKE STEPS TO ADOPT PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION SO THAT THE PROVISIONS CONCERNING THE COMMON ORGANIZATION OF THE MARKET MAY BE APPLIED FROM 1 JULY 1982 .
3 THOSE PROVISIONS , WHICH WERE SUBSEQUENTLY REPEATEDLY AMENDED AND SUPPLEMENTED , WERE CODIFIED IN REGULATION ( EEC ) NO 1035/72 OF THE COUNCIL , ARTICLE 8 OF WHICH PROVIDES FOR THE INSTITUTION OF CHECKS ON QUALITY STANDARDS AT ALL MARKETING STAGES AND DURING TRANSPORT , BY THE AUTHORITIES APPOINTED BY EACH MEMBER STATE . THE SAME PROVISION STIPULATES THAT MEMBER STATES SHALL COMMUNICATE TO THE OTHER MEMBER STATES AND THE COMMISSION DETAILS OF THE AUTHORITIES WHICH THEY HAVE APPOINTED TO BE RESPONSIBLE FOR CHECKING . UNDER THE TERMS OF ARTICLE 38 OF THE SAME REGULATION , MEMBER STATES AND THE COMMISSION ARE TO COMMUNICATE TO EACH OTHER THE INFORMATION NECESSARY FOR APPLYING THE REGULATION . IN ADDITION , MEMBER STATES ARE REQUIRED TO NOTIFY THE COMMISSION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION PURSUANT TO THE REGULATION NOT LATER THAN ONE MONTH AFTER THEIR ADOPTION .
4 BY REGULATION NO 2638/69 THE COMMISSION ADOPTED , ON THE BASIS OF THE RULES IN FORCE AT THAT TIME , VARIOUS PROVISIONS RELATING TO THE QUALITY CONTROL OF FRUIT AND VEGETABLES MARKETED WITHIN THE COMMUNITY . ARTICLE 1 OF THAT REGULATION PROVIDES THAT FORWARDING AREAS ARE TO BE ESTABLISHED FOR THE ORGANIZATION OF INSPECTIONS . ANNEX I THERETO DEFINES FIVE SEPARATE FORWARDING AREAS FOR ITALY .
5 ARTICLE 5 OF THE SAME REGULATION REQUIRED MEMBER STATES TO RECORD IRREGULARITIES IN CONSIGNMENTS OF FRUIT AND VEGETABLES ORIGINATING IN OTHER MEMBER STATES AND TO KEEP THE COMMISSION INFORMED OF CASES OF NON-COMPLIANCE WHICH HAD BEEN ESTABLISHED . THAT REQUIREMENT OF NOTIFICATION WAS SUBSEQUENTLY EXTENDED AND DEFINED IN COMMISSION REGULATION ( EEC ) NO 2150/80 , WHICH CAME INTO FORCE ON 1 JANUARY 1981 . THE NEW VERSION OF ARTICLE 5 REQUIRES MEMBER STATES TO FURNISH THE COMMISSION WITH A MONTHLY SUMMARY OF THE INSPECTIONS CARRIED OUT WITHIN THEIR TERRITORIES AND IN ADDITION TO PROVIDE INFORMATION CONCERNING CASES OF FAILURE TO COMPLY IN RESPECT OF CONSIGNMENTS OF FRUIT AND VEGETABLES FROM OTHER MEMBER STATES .
6 IT APPEARS FROM THE PAPERS BEFORE THE