IT IS FORESEEABLE THAT THE PERCENTAGE OF HOTHOUSES WITHOUT A CONDENSER WILL DECLINE, BECAUSE MANY GROWERS WILL MOVE TO A MORE MODERN AND RELATIVELY MORE EXPENSIVE HEATING SYSTEM THAN AT PRESENT .
54 IT FOLLOWS THAT, AT LEAST IN THE MEDIUM TERM, THE POSITION OF HOLDINGS NOT EQUIPPED WITH A CONDENSER WILL INEVITABLY BECOME MARGINAL, SO THAT IT WAS NOT COMMERCIALLY JUSTIFIABLE FOR GASUNIE TO FIX ITS HORTICULTURAL TARIFF BY REFERENCE TO SUCH UNDERTAKINGS .
55 THE CONCLUSION MUST THEREFORE BE THAT DECISION 85/215 CORRECTLY FOUND THAT THE CONTESTED TARIFF WAS LOWER THAN WAS NECESSARY IN ORDER TO TAKE ACCOUNT OF THE RISK OF CONVERSION TO COAL .
3 WHETHER THE CONTESTED TARIFF AFFECTS TRADE BETWEEN MEMBER STATES AND DISTORTS COMPETITION
56 LASTLY, THE APPLICANTS DENY THAT THE ELEMENT OF AID IN THE DISPUTED TARIFF AFFECTS TRADE BETWEEN MEMBER STATES AND DISTORTS, OR THREATENS TO DISTORT, COMPETITION BY FAVOURING CERTAIN UNDERTAKINGS OR THE PRODUCTION OF CERTAIN GOODS . THEY ARGUE THAT THE INCREASE IN THE SHARE OF DUTCH GROWERS IN THE COMMUNITY VEGETABLE MARKET IS DUE TO OTHER FACTORS SUCH AS SPECIALIZATION OF PRODUCTION, COMPLIANCE WITH STRINGENT QUALITY STANDARDS, STANDARDIZED PACKAGING, A VERY HIGH LEVEL OF KNOWLEDGE, A HIGH DEGREE OF COOPERATION AND THE AVAILABILITY OF SUPPLIES THROUGHOUT THE YEAR .
57 ALTHOUGH THOSE FACTORS MAY CERTAINLY HAVE PLAYED AN IMPORTANT PART IN THE GROWTH IN DUTCH EXPORTS TO THE OTHER MEMBER STATES OF THE COMMUNITY IN RECENT YEARS, IT IS SUFFICIENT TO OBSERVE THAT OWING TO THE ELEMENT OF AID IN THE CONTESTED TARIFF MANY DUTCH GROWERS HAVE BENEFITED FROM A REDUCTION OF AROUND 2.5 CENTS PER CUBIC METRE OF GAS CONSUMED, WHICH IS EQUIVALENT TO A REDUCTION IN THE PRICE OF GAS OF ABOUT 5.5 %.
58 A BENEFIT OF THAT ORDER OF MAGNITUDE IS LIKELY TO DISTORT COMPETITION WITHIN THE COMMON MARKET, BOTH BY REASON OF THE TOTAL VOLUME OF GAS USED BY THE DUTCH GROWERS ( 2 500 MILLION M3 PER ANNUM ) AND BECAUSE, ACCORDING TO THE INFORMATION CONTAINED IN THE DOCUMENTS BEFORE THE COURT, ENERGY COSTS ACCOUNT FOR 25 TO 30% OF THE TOTAL OPERATING COSTS OF HOTHOUSE HORTICULTURE . IT FOLLOWS THAT A REDUCTION IN THE PRICE OF GAS OF AROUND 5.5% GRANTED BY THE PUBLIC AUTHORITIES HAS APPRECIABLE REPERCUSSIONS ON TOTAL OPERATING COSTS AND ARTIFICIALLY LOWERS THE PRICES OF THE PRODUCTS IN QUESTION .
59 AS REGARDS THE QUESTION WHETHER THE CONTESTED AID AFFECTS TRADE BETWEEN MEMBER STATES, AS IS AFFIRMED BY BOTH THE COMMISSION AND THE INTERVENERS, IT SHOULD BE POINTED OUT THAT THE FIGURES SET OUT BY THE COMMISSION IN DECISION 85/215 ( WHICH THE APPLICANTS HAVE NOT DISPUTED ) DEMONSTRATE THAT THIS CONDITION IS FULFILLED . IT APPEARS FROM THOSE FIGURES THAT THE NETHERLANDS AT PRESENT ACCOUNTS FOR 65% OF HOTHOUSE PRODUCTION OF TOMATOES IN THE COMMUNITY, OF WHICH 91% ARE EXPORTED ( 55% OF THAT FIGURE GOING TO THE FEDERAL REPUBLIC OF GERMANY ALONE ). SIMILARLY, THE NETHERLANDS PRODUCES 75% OF THE COMMUNITY' S HOTHOUSE GHERKINS AND CUCUMBERS,