THE COMMISSION THE LATTER ON 16 OCTOBER 1975 GAVE THE BELGIAN AUTHORITIES A PERIOD OF 15 DAYS WITHIN WHICH TO GIVE THEIR ANSWER TO VARIOUS PROPOSALS FOR A SOLUTION WHICH THE COMMISSION HAD MADE AT A MEETING WITH REPRESENTATIVES OF THE BELGIAN DEPARTMENTS CONCERNED ON 10 NOVEMBER 1974 .
21ONLY BY LETTER DATED 5 MARCH 1976 DID THE BELGIAN GOVERNMENT INFORM THE COMMISSION OF THE AMENDMENTS WHICH IT PROPOSED TO MAKE TO THE SYSTEM OF SUPERVISION OF DESIGNATIONS OF ORIGIN .
22SINCE , HOWEVER , THE COMMISSION TOOK THE VIEW THAT THE AMENDMENTS CONTEMPLATED WERE NOT LIKELY TO RENDER THE BELGIAN RULES IN QUESTION COMPATIBLE WITH ARTICLE 30 OF THE TREATY , BY LETTER DATED 14 OCTOBER 1976 IF FORMALLY REQUESTED THE BELGIAN GOVERNMENT UNDER THE FIRST PARAGRAPH OF ARTICLE 169 OF THE TREATY TO SUBMIT ITS OBSERVATIONS WITHIN A PERIOD OF 15 DAYS , WHICH WAS SUBSEQUENTLY EXTENDED TO A MONTH .
23SINCE THERE WAS NO ANSWER TO THAT FORMAL REQUEST THE COMMISSION DELIVERED A REASONED OPINION DATED 8 DECEMBER 1976 UNDER ARTICLE 169 OF THE TREATY , WHICH WAS NOTIFIED TO THE BELGIAN GOVERNMENT ON 16 DECEMBER 1976 , INVITING IT TO TAKE THE REQUISITE MEASURES TO COMPLY WITH THE SAID OPINION WITHIN A PERIOD OF A MONTH .
24ON 8 DECEMBER 1976 THE BELGIAN GOVERNMENT REPLIED TO THE LETTER CONTAINING THE FORMAL REQUEST STATING THAT THE PROBLEM WOULD SOON BE RESOLVED BY THE FORTHCOMING PUBLICATION OF AN ARRETE MINISTERIEL , THE TEXT OF WHICH IT SENT TO THE COMMISSION , BEING THE ABOVE-MENTIONED ARRETE MINISTERIEL OF 2 DECEMBER 1976 .
25IT ALSO STATED THAT THE REPEAL OF THE PROVISIONS OF THE ROYAL DECREE NO 57 OF 20 DECEMBER 1934 ON SPIRITS WAS PROVIDED FOR IN A DRAFT LAW CONCERNING THE CONTROL OF FOODSTUFFS AND OTHER PRODUCTS , THE DISCUSSION OF WHICH IN PARLIAMENT WAS ALMOST CONCLUDED .
ADMISSIBILITY
26THE KINGDOM OF BELGIUM STATES THAT HAVING REGARD TO THE WORDING OF THE CONCLUSIONS IN THE APPLICATION , THE ACTION RELATES TO THE ARRETE MINISTERIEL OF 2 DECEMBER 1976 AND NOT TO THE ROYAL DECREE NO 57 OF 20 DECEMBER 1934 .
27SINCE THE ARRETE MINISTERIEL WAS REPEALED AFTER THE ACTION WAS BROUGHT , IT IS CLAIMED THAT THE LATTER HAS LOST ITS PURPOSE AND IS THEREFORE INADMISSIBLE .
28IN THIS RESPECT IT SHOULD BE REMEMBERED IN THE FIRST PLACE THAT THE ACTION TAKEN BY THE COMMISSION PRIOR TO INSTITUTION PROCEEDINGS , INCLUDING THE DELIVERY OF THE REASONED OPINION OF 8 DECEMBER 1976 , INDEED REFERRED TO THE PROVISIONS OF ARTICLE 1 OF THE ROYAL DECREE NO 57 OF 20 DECEMBER 1934 .
29IT WAS NOT UNTIL AFTER THE SAID OPINION HAD BEEN ISSUED THAT THE BELGIAN GOVERNMENT SENT THE COMMISSION THE TEXT , AT THAT TIME NOT YET PUBLISHED IN THE MONITEUR BELGE , OF THE ARRETE MINISTERIEL OF 2 DECEMBER 1976 WHICH CONSISTED NOT OF INDEPENDENT RULES BUT WAS CONFINED TO RENDERING MORE EXPLICIT THE PROVISIONS OF ARTICLE 1 OF THE ROYAL DECREE NO 57 IN RELATION