CERTIFICATES APPLIED FOR .
6 INTERAGRA CONTENDED , HOWEVER , THAT THE RULE IN ARTICLE 3 ( 3 ) OF REGULATION NO 2044/75 DOES NOT APPLY IN THE CASE OF INVITATIONS TO TENDER OPENED IN AN IMPORTING NON-MEMBER COUNTRY FOR WHICH ARTICLE 6 OF THE SAME REGULATION LAYS DOWN , SO IT CONTENDS , A SPECIAL RULE CONCERNING THE ISSUE OF CERTIFICATES .
7 ARTICLE 6 OF REGULATION NO 2044/75 PROVIDES THAT IN THE CASE OF EXPORTS IN CONNECTION WITH AN INVITATION TO TENDER OPENED IN A NON-MEMBER COUNTRY THE EXPORT CERTIFICATE IS TO BE VALID FROM ITS DAY OF ISSUE WITHIN THE MEANING OF ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 193/75 . ARTICLE 9 ( 1 ) OF REGULATION NO 193/75 STATES THAT FOR THE PURPOSE OF DETERMINING THEIR PERIOD OF VALIDITY LICENCES OR CERTIFICATES ARE TO BE CONSIDERED TO HAVE BEEN ISSUED ON THE DAY ON WHICH THE APPLICATION FOR THEM WAS LODGED , THAT DAY BEING INCLUDED IN THE CALCULATION OF SUCH PERIOD OF VALIDITY .
8 IT IS CLEAR FROM THE VERY WORDS USED IN ARTICLE 9 ( 1 ) OF REGULATION NO 193/75 THAT THE DATE OF ISSUE USED FOR THE PURPOSE OF DETERMINING THE PERIOD OF VALIDITY OF A CERTIFICATE IS DEEMED TO BE THE DATE ON WHICH THE APPLICATION FOR A CERTIFICATE WAS LODGED AND THAT THAT DATE MAY BE DIFFERENT FROM THE DATE ON WHICH THE CERTIFICATE WAS ACTUALLY GRANTED OR THAT ON WHICH THE CERTIFICATE WAS PHYSICALLY DELIVERED TO THE EXPORTING UNDERTAKING .
9 IT THUS APPEARS FROM THE CONTEXT IN WHICH THE CONCEPTS OF DAY OF ISSUE AND DATE OF ISSUE ARE USED IN ARTICLES 3 ( 3 ) AND 6 RESPECTIVELY OF REGULATION NO 2044/75 THAT THE FIRST CONCEPT RELATES TO THE DAY ON WHICH THE EXPORT CERTIFICATE IS GRANTED AND THE SECOND TO THE DAY FROM WHICH THE PERIOD OF VALIDITY OF THE CERTIFICATE GRANTED MUST BE CALCULATED . CONSEQUENTLY , THERE IS NO CONTRADICTION BETWEEN THOSE TWO PROVISIONS AND ARTICLE 6 CANNOT BE CONSIDERED TO BE AN EXCEPTION TO THE RULE LAID DOWN BY ARTICLE 3 ( 3 ).
10 IN ITS OBSERVATIONS INTERAGRA TOOK THE VIEW THAT REGULATION NO 3137/80 OF 4 DECEMBER 1980 , AMENDING REGULATION NO 2044/75 FOR THE 18TH TIME , PROVIDES CONFIRMATION OF THE INTERPRETATION WHICH IT PLACES ON REGULATION NO 2044/75 AS IN FORCE IN NOVEMBER 1980 . IT IS NOT NECESSARY FOR THE COURT TO RULE UPON THE EXACT SCOPE OF THAT AMENDMENT , HOWEVER , FIRST BECAUSE THE QUESTION WHICH THE NATIONAL COURT HAS SUBMITTED CONCERNS THE SCOPE , ON 17 NOVEMBER 1980 , OF ARTICLES 3 AND 6 OF REGULATION NO 2044/75 AND SECONDLY BECAUSE THE AMENDMENT OF 4 NOVEMBER 1980 WAS RETROACTIVE ONLY TO 22 NOVEMBER 1980 , THAT IS TO SAY TO A DATE SUBSEQUENT TO THAT ON WHICH THE SPECIAL MEASURE CONSTITUTED BY REGULATION NO 2993/80 ENTERED INTO EFFECT .
11 THE ANSWER TO THE QUESTION SUBMITTED BY THE TRIBUNAL