OF MAKING IT KNOWN TO ALL PARTIES CONCERNED THAT THE REASONS UPON WHICH THE ORIGINAL DECISION WAS BASED WERE INCORPORATED WITHOUT MODIFICATION SO FAR AS THE SUBSEQUENT ADJUSTMENTS WERE CONCERNED .
THE NEXT QUESTION TO BE CONSIDERED IS WHETHER THE STATEMENT OF REASONS THUS INCORPORATED IN THE DECISION OF 24 JANUARY 1964 WAS SUFFICIENT TO SUPPORT THE DECISION . THE OBJECTION IS THAT THIS STATEMENT OF REASONS DID NOT GIVE THE CONCRETE FACTS UPON WHICH THE COMMISSION RELIED IN MAKING THE DECISION .
UNDER ARTICLE 7 OF REGULATION NO 89 OF THE COMMISSION THE EXPORTING STATES DETERMINE EVERY THURSDAY THE DATA FOR CALCULATING THE FREE-AT - FRONTIER PRICE FOR EACH PRODUCT FALLING WITHIN THE SCOPE OF THE REGULATION . THEY THEN CALCULATE THE FREE-AT-FRONTIER PRICE THEREFROM AND SUPPLY THE COMMISSION WITH SUCH DATA AND SUCH PRICES EACH THURSDAY NOT LATER THAN 3 P.M . UNDER ARTICLES 8 AND 9 OF THIS REGULATION THE COMMISSION SHALL DETERMINE THE FREE-AT-FRONTIER PRICE ON THE BASIS OF THESE DATA EVERY FRIDAY . IF THE DATA FOR CALCULATING THE SAID PRICES CHANGE BEFORE EITHER OF THOSE DAYS, THE MEMBER STATES SHALL INFORM THE COMMISSION OF THE NEW POSITION AND THE FREE-AT-FRONTIER PRICE RESULTING FROM IT FORTHWITH . THE COMMISSION IS IN TURN TO FIX THE FREE-AT - FRONTIER PRICE BEFORE THE NORMAL DATE SHOULD THIS PROVE NECESSARY ON THE BASIS OF THE DATA FURNISHED BY A MEMBER STATE OR OF INFORMATION DERIVING FROM ITS OWN RESOURCES .
THE DEGREE OF PRECISION OF THE STATEMENT OF REASONS FOR SUCH A DECISION MUST BE WEIGHED AGAINST PRACTICAL REALITIES AND THE TIME AND TECHNICAL FACILITIES AVAILABLE FOR MAKING SUCH A DECISION . A SPECIFIC STATEMENT OF REASONS FOR EACH INDIVIDUAL DECISION FIXING A FREE-AT-FRONTIER PRICE AS ENVISAGED BY THE FINANZGERICHT WOULD MEAN THE PUBLICATION AND TECHNICAL EVALUATION OF ALL THE FACTS SUBMITTED BY THE EXPORTING MEMBER STATE OR GATHERED BY THE COMMISSION'S STAFF FOR SEVERAL HUNDREDS OF PRICES REQUIRING TO BE FIXED . IN VIEW, FIRST, OF THE TIME AVAILABLE FOR THE ISSUE OF THE DECISIONS AND, SECONDLY, OF THE NUMBER OF PRICES TO BE FIXED, THE REQUIREMENT OF SUCH A SPECIFIC STATEMENT OF REASONS WOULD BE INCOMPATIBLE WITH THE PROPER FUNCTIONING OF THE MACHINERY PROVIDED FOR IN REGULATION NO 19 OF THE COUNCIL AND REGULATION NO 89 OF THE COMMISSION . THE PREPARATION AND DRAFTING OF THIS KIND OF STATEMENT OF REASONS WOULD TAKE UP SO MUCH TIME THAT THE DETERMINATION OF PRICES WOULD RUN THE RISK OF BEING, TO SOME EXTENT, OUT OF DATE BY THE TIME IT WAS ISSUED .
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MOREOVER A COMPARISON OF THE FREE-AT-FRONTIER PRICES AS FIXED WITH THE GENERAL CRITERIA PUBLISHED IS SUFFICIENT TO INFORM PERSONS WITH A LEGITIMATE INTEREST OF THE CHARACTER OF THE DATA ON THE BASIS OF WHICH THE DECISION WAS TAKEN AND OF THE CONCLUSIONS TO BE DRAWN THEREFROM . THE NEED TO PROTECT THE PARTIES TO WHOM THE DECISION IS ADDRESSED AND NATIONALS OF MEMBER STATES AFFECTED BY THE DECISION, AS ALSO THE NEED FOR PROPER