OF DIRECT IMPORTS IS A MORE GENERAL NATIONAL MEASURE , NAMELY THE MINISTERIAL DECREE OF 6 MAY 1976 ( OFFICIAL JOURNAL OF THE ITALIAN REPUBLIC , ORDINARY SUPPLEMENT OF 16 . 6 . 1976 , NO 157 ), WHICH IMPOSED A COMPLETE PROHIBITION OF DIRECT IMPORTS WITHOUT MINISTERIAL AUTHORIZATION , SO THAT FROM 30 SEPTEMBER 1983 , IN THE ABSENCE OF A MINISTERIAL DECREE OPENING A QUOTA , THE DIRECT IMPORTATION OF THE PRODUCTS IN QUESTION WAS COMPLETELY PROHIBITED .
14 THAT VIEW GIVES RISE TO SERIOUS DOUBTS IN SEVERAL RESPECTS . THE ASSERTION THAT THE MINISTERIAL DECREE OF 7 JANUARY 1983 WAS ADOPTED IN THE CONTEXT OF THE SYSTEM ESTABLISHED BY THE DECREE OF 6 MAY 1976 FINDS NO SUPPORT IN THE RECITALS IN THE PREAMBLE TO THE FORMER DECREE WHICH REFER TO SEVERAL LEGAL PROVISIONS WITHOUT MAKING ANY MENTION OF THE LATTER DECREE . MOREOVER THE COMMISSION ITSELF , IN THE RECITALS IN THE PREAMBLE TO THE DECISION CONTESTED IN THE MAIN PROCEEDINGS , STARTS FROM THE HYPOTHESIS THAT A QUOTA HAS BEEN ESTABLISHED BY THE ITALIAN AUTHORITIES , AND DOES NOT REFER TO ANY OTHER NATIONAL MEASURE .
15 AS A RESULT IT IS IMPOSSIBLE AT THIS STAGE OF THE PROCEEDINGS TO FIND WITH SUFFICIENT CERTAINTY THAT THERE IS A NATIONAL MEASURE IN THE SENSE REQUIRED BY ARTICLE 115 OF THE TREATY .
16 IT SHOULD BE ADDED THAT EVEN IF IT HAD TO BE ACCEPTED , AS THE COMMISSION SUGGESTS , THAT THE DECREE OF 6 MAY 1976 CONSTITUTES A NATIONAL MEASURE FOR THE PURPOSES OF ARTICLE 115 OF THE TREATY , IT IS DOUBTFUL WHETHER IT CAN BE A MEASURE EXECUTED IN ACCORDANCE WITH THE TREATY .
17 THE COMMISSION ITSELF ADMITS THAT THE PROHIBITION OF IMPORTS WHICH IT SAYS IS LAID DOWN BY THE DECREE OF 6 MAY 1976 CAN BE IN ACCORDANCE WITH THE TREATY ONLY TO THE EXTENT TO WHICH THE SYSTEM WHICH IT ESTABLISHES IS , IN ITS TURN , IN ACCORDANCE WITH REGULATION NO 288/82 OF 5 FEBRUARY 1982 ON COMMON RULES FOR IMPORTS ( OFFICIAL JOURNAL , L 35 OF 9 . 2 . 1982 ).
18 ARTICLE 20 OF THAT REGULATION EXPRESSLY REQUIRES THAT ANY MEMBER STATE WHICH INTENDS TO CHANGE A QUANTITATIVE RESTRICTION MUST INFORM ALL THE OTHER MEMBER STATES AND THE COMMISSION . THE COMMISSION HAS PROVIDED NO EVIDENCE WHICH WOULD ESTABLISH THAT THE TRANSFORMATION OF THE QUOTA GRANTED IN PARTICULAR FOR THE PERIOD 1 OCTOBER 1982 TO 30 SEPTEMBER 1983 INTO A TOTAL PROHIBITION OF DIRECT IMPORTS INTO ITALY AS FROM THE LATTER DATE WAS THE SUBJECT OF SUCH CONSULTATION . IT FOLLOWS THAT , ALSO IN THE CONTEXT OF REGULATION NO 288/82 , IT IS NOT POSSIBLE TO FIND THAT AFTER 30 SEPTEMBER 1983 THERE WAS A NATIONAL MEASURE TAKEN IN ACCORDANCE WITH THE TREATY , WHEREAS THE APPLICATION OF ARTICLE 115 IS CONDITIONAL UPON THE EXISTENCE OF SUCH A MEASURE .
19 FINALLY , IT MUST BE POINTED OUT THAT THE DECISION CONTESTED