INCLUSIVE REMAINS TO BE CONSIDERED .
30 IN THAT REGARD IT SHOULD FIRST BE MADE CLEAR THAT , IN RELATION TO THE ABOVE-MENTIONED PERIOD , THE QUESTION IS IN FACT CONCERNED ONLY WITH THE RECOMMENDATION OF 28 JANUARY 1959 .
31 AS MAY BE SEEN FROM SECTION A , THE RECOMMENDATION AUTHORIZES THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY TO INTRODUCE TEMPORARY CUSTOMS DUTIES ON COAL ORIGINATING IN NON-MEMBER COUNTRIES AND DESTINED FOR THE FEDERAL REPUBLIC , TO BE LEVIED ON IMPORTS IN EXCESS OF A DUTY-FREE QUOTA . PARAGRAPH 2 OF SECTION A STIPULATES THAT THE DUTY-FREE QUOTA FOR 1959 MAY NOT BE LESS THAN 5 MILLION TONNES .
32 THE RECOMMENDATION THEREBY LAYS DOWN THE PRINCIPLE OF OPENING A DUTY-FREE QUOTA IN ORDER TO SAFEGUARD , AS THE FIFTH RECITAL IN THE PREAMBLE EXPLAINS , THE TRADITIONAL PATTERNS OF IMPORTATION INTO THE COMMUNITY , SO AS TO ACHIEVE AN ORDERLY SUPPLY TO THE MARKET . HOWEVER , THE RECOMMENDATION CONFINES ITSELF TO FIXING A MINIMUM QUOTA FOR 1959 ALONE , ON THE UNDERSTANDING THAT THE LEVEL MAY BE AMENDED THEREAFTER IN THE LIGHT OF DEVELOPMENTS ON THE COAL MARKET .
33 IN THOSE CIRCUMSTANCES IT IS UNNECESSARY THAT THE QUOTA LEVEL SHOULD BE FIXED BY THE MEMBER STATE CONCERNED BY REFERENCE TO A MINIMUM INDICATED IN A RECOMMENDATION FROM THE HIGH AUTHORITY , AS WAS THE CASE UP TO AND INCLUDING 1963 . THE ONLY MATTER OF IMPORTANCE IS THAT THE HIGH AUTHORITY SHOULD BE IN A POSITION TO ASCERTAIN , IN GOOD TIME , THAT THE QUOTA HAS BEEN FIXED AT A SUITABLE LEVEL TO ENSURE THE PRESERVATION OF TRADITIONAL PATTERNS OF IMPORTATION . THAT FACILITY HAS ALWAYS BEEN GUARANTEED AS FAR AS GERMAN LEGISLATION ON QUOTAS IS CONCERNED , AND CONSEQUENTLY THE ABSENCE OF ANY RECOMMENDATION FROM THE HIGH AUTHORITY , FIXING THE MINIMUM QUOTA , IN NO WAY AFFECTS THE VALIDITY OF THE RECOMMENDATION OF 28 JANUARY 1959 .
34 ALTHOUGH THE ECSC TREATY DOES NOT EXPRESSLY LIMIT THE DURATION OF THE VALIDITY OF THE EXCEPTIONAL PROVISIONS DEROGATING FROM ITS RULES , IT IS OBVIOUS THAT SUCH PROVISIONS CANNOT BE REGARDED AS BEING STILL VALID ONCE THE CIRCUMSTANCES JUSTIFYING THEM HAVE CEASED TO OBTAIN .
35 IN THAT REGARD IT SHOULD BE OBSERVED THAT , EVEN AFTER THE PERIOD FROM 1959 TO 1963 THE DEMAND FOR COAL WITHIN THE COMMUNITY , TO WHICH COMMUNITY OUTPUT HAD TO ADAPT ITSELF , WAS IN CONSTANT DECLINE . THERE IS THEREFORE NO DOUBT THAT THE LIBERALIZATION OF IMPORTS OF PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES DURING THE MAJORITY OF THE YEARS TO BE TAKEN INTO CONSIDERATION WOULD STILL FURTHER HAVE DEPRESSED THE MARKET AND WOULD VERY SERIOUSLY HAVE HARMED GERMAN OUTPUT BY INCREASING TO AN INTOLERABLE EXTENT STOCKS WHICH WERE ALREADY VERY HIGH .
36 FURTHER , CERTAIN INCREASES IN DEMAND SUCH AS THOSE OF 1968 TO 1970 AND OF 1974 , WHICH WERE SUBSEQUENTLY SHOWN TO BE SHORT-LIVED PHENOMENA , CANNOT , CONTRARY TO THE OPINION OF