UNDER ARTICLE 177 OF THE EEC TREATY THREE QUESTIONS ON THE INTERPRETATION OF COUNCIL REGULATION NO 2861/77 OF 19 DECEMBER 1977 OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL FALLING WITHIN SUBHEADING 02.01 A II B ) OF THE COMMON CUSTOMS TARIFF ( 1978 ) ( OFFICIAL JOURNAL L 330 , P . 7 ).
2 REGULATION NO 2861/77 OPENS A COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL TOTALLING 38 500 TONNES EXPRESSED AS BONED OR BONELESS MEAT FOR 1978 . ARTICLE 2 DISTRIBUTES THIS VOLUME BETWEEN THE MEMBER STATES , ALLOCATING A SHARE OF 11 050 TONNES TO ITALY .
3 THE FOURTH RECITAL IN THE PREAMBLE TO THE REGULATION STATES THAT SINCE THE TARIFF QUOTA IN QUESTION IS RELATIVELY SMALL IT OUGHT TO BE POSSIBLE TO PROVIDE FOR A SYSTEM OF ALLOCATION BASED ON A SINGLE APPORTIONMENT BETWEEN THE MEMBER STATES , WITHOUT THEREBY DEROGATING FROM ITS COMMUNITY NATURE AND THAT IT APPEARS BEST TO LEAVE TO EACH MEMBER STATE THE CHOICE OF A MANAGEMENT SYSTEM FOR ITS SHARE OF THE QUOTA . ARTICLE 3 OF THE REGULATION PROVIDES THAT MEMBER STATES SHALL TAKE ALL APPROPRIATE STEPS TO GUARANTEE ALL PERSONS CONCERNED , ESTABLISHED WITHIN THEIR TERRITORIES , FREE ACCESS TO THE QUOTA SHARES ALLOCATED TO THEM .
4 THE USE BY THE PERSONS CONCERNED OF THE SHARE ALLOCATED TO ITALY IS GOVERNED BY THE DECREE OF THE MINISTER FOR FOREIGN TRADE OF 20 MAY 1978 AS AMENDED BY THE DECREE OF THE MINISTRY FOR FOREIGN TRADE OF 22 JUNE 1978 ( GAZZETTA UFFICIALE NOS 143 AND 174 RESPECTIVELY ). IN THE AMENDED VERSION THE DECREE PROVIDES FOR THE SHARE TO BE DISTRIBUTED BETWEEN THE PERSONS CONCERNED SO THAT 10% IS ALLOCATED TO THE MINISTRY OF DEFENCE , 10% TO LOCAL CONSUMER BODIES ON THE BASIS OF THE NUMBER OF INHABITANTS IN THE LOCALITY AND 80% TO COMMERCIAL AND INDUSTRIAL UNDERTAKINGS AND TRADERS ENGAGED IN RETAIL SALES . IN ADDITION THE DECREE FURTHER DIVIDES THAT QUANTITY OF 80% BETWEEN THE COMMERCIAL AND INDUSTRIAL UNDERTAKINGS ON THE ONE HAND AND TRADERS ENGAGED IN RETAIL SALES ON THE OTHER . THE SUBDIVISION BETWEEN THE TWO CATEGORIES IS ON AN EQUAL BASIS AS REGARDS 30% OF THE SAID QUANTITY , AS REGARDS 10% IT IS BASED UPON THE AMOUNTS OF VALUE ADDED TAX PAID , AND AS REGARDS 60% IT IS BASED UPON THE QUANTITIES OF FROZEN BEEF AND VEAL IMPORTED FROM NON-MEMBER COUNTRIES IN 1977 AS WELL AS UPON THE PROPORTION OF PURCHASES MADE FROM THE INTERVENTION AGENCY .
5 IN THE FIRST AND SECOND QUESTIONS , WHICH ARE BEST EXAMINED TOGETHER , THE TRIBUNALE AMMINISTRATIVO ASKS WHETHER REGULATION NO 2861/77 AND OTHER RULES OF COMMUNITY LAW ALLOW A MANAGEMENT SYSTEM FOR THE NATIONAL SHARE OF A COMMUNITY QUOTA WHICH IS BASED ON A NUMBER OF CRITERIA FOR APPORTIONMENT CORRESPONDING TO OBJECTIVE DIFFERENCES IN THE SITUATIONS OF THE TRADERS CONCERNED AND WHETHER THOSE CRITERIA CAN RESULT IN THREE SPECIFIED