NOT FURTHER PREPARED :
. . .
B . OTHER ' ' .
4 THE REGULATIONS WHICH GOVERN , FOR EACH YEAR , THE SCHEME OF GENERALIZED PREFERENCES IN FAVOUR OF DEVELOPING COUNTRIES INCLUDING YUGOSLAVIA , LIST IN ANNEX A THERETO THE PRODUCTS TO WHICH THE SCHEME APPLIES . AS FAR AS CONCERNS THE PRODUCTS FALLING WITHIN HEADING 07.04 THE ANNEXES REPRODUCE THE WORDING OF THE ABOVE-MENTIONED HEADING BUT LIST ONLY TWO PRODUCTS COMING UNDER SUBHEADING B , ONE OF WHICH IS MUSHROOMS , EXCLUDING CULTIVATED MUSHROOMS . THE DISAGREEMENT BETWEEN THE PARTIES IN THE MAIN ACTION DERIVES FROM THE FACT THAT , FOR THE YEARS IN QUESTION , AND ONLY THOSE YEARS , THE DESCRIPTION OF THE PRODUCT IN THE ANNEX CONTAINS AN ADDITIONAL CONDITION , NAMELY THAT THE MUSHROOMS MUST BE ' ' WHOLE ' ' .
5 FOLCI SUBMITS THAT THE WORD ' ' WHOLE ' ' NEED NOT NECESSARILY BE UNDERSTOOD AS MEANING THAT ALL THEIR PARTS ARE PRESENT .
6 HOWEVER , ALTHOUGH THE LANGUAGE VERSIONS WHICH ARE MODELLED ON THE FRENCH WORDING OF THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE MAKE IT POSSIBLE TO CONSIDER THE INTERPRETATION ADVOCATED BY FOLCI , THAT IS NOT SO IN THE CASE OF THE ENGLISH VERSION . THE LATTER CLEARLY INDICATES THAT THE WORD ' ' WHOLE ' ' APPLIES ONLY TO PRODUCTS WHICH ARE NOT ' ' CUT , SLICED , BROKEN OR IN POWDER ' ' . THESE QUALIFYING WORDS MAY BE REGARDED AS BEING IMPLICIT IN THE EXPRESSION ' ' EVEN CUT ' ' ETC . OF THE OTHER LANGUAGE VERSIONS .
7 FOLCI ALSO MAINTAINED BEFORE THE COURT THAT A LITERAL INTERPRETATION IS INADEQUATE BUT THAT THE WORDING MUST BE INTERPRETED REASONABLY AND PRAGMATICALLY . AS ALMOST ALL THE WILD MUSHROOMS ORIGINATING IN YUGOSLAVIA AND OTHER DEVELOPING COUNTRIES ARE BOLETI , AND AS BOLETI ARE NOT SUITABLE FOR DRYING UNLESS THEY HAVE FIRST BEEN SLICED , FOLCI ' S INTERPRETATION SHOULD BE ADOPTED . OTHERWISE THE PREFERENTIAL SYSTEM WOULD BE ILLUSORY AS FAR AS WILD MUSHROOMS ARE CONCERNED .
8 THE COMMISSION , IN ANSWER TO A QUESTION PUT TO IT BY THE COURT , EXPLAINED WHY THE WORD ' ' WHOLE ' ' WAS INSERTED IN THE TWO REGULATIONS IN QUESTION AND THEN REMOVED FROM THE REGULATIONS GOVERNING THE PREFERENTIAL SYSTEM FOR THE FOLLOWING YEARS : THE PURPOSE OF THIS CONDITION IS TO PREVENT PRESERVED MUSHROOMS FROM ALSO CONTAINING CULTIVATED MUSHROOMS WHICH COULD NOT BE IDENTIFIED IN THE FORM OF PRESERVED , CUT MUSHROOMS . HOWEVER , IT WAS DISCOVERED THAT CERTAIN DEVELOPING COUNTRIES WERE ONLY PRODUCING PRESERVED , CUT MUSHROOMS AND IT WAS THEREFORE THOUGHT MORE IMPORTANT TO ALLOW THEM TO PARTICIPATE IN THE PREFERENTIAL SCHEME THAN TO MAKE SURE OF EXCLUDING PRESERVES ILLEGALLY CONTAINING CULTIVATED MUSHROOMS . FOR THAT REASON , IT IS STATED , THE CONDITION WAS ABOLISHED FOR 1977 AND SUBSEQUENT YEARS .
9 IN FACT THE MERE REPRODUCTION OF THE TITLE OF TARIFF HEADING 07.04 - WHICH INCLUDES NOT ONLY