JULY 1971 ( OJ L 164, 22 . 7 . 1971, P . 14 ) PROTECTIVE MEASURES IN THE FORM OF RESTRICTIONS APPLICABLE TO IMPORTS FROM ALL THIRD COUNTRIES WITH THE EXCEPTION OF GREECE . IN VIEW OF THE SPECIAL TRADE REGULATION OF THE AGREEMENT OF ASSOCIATION BETWEEN THE COMMUNITY AND GREECE IT PROVIDED IN REGULATION NO 1643/71 OF 28 JULY 1971 ANOTHER PROTECTIVE MEASURE FOR IMPORTS FROM GREECE : THE ISSUE OF AN IMPORT LICENCE DEPENDS UNDER ARTICLE 2 OF THIS REGULATION ON THE WRITTEN UNDERSTANDING OF THE IMPORTER TO ENSURE " THAT THIS IMPORT IS PURSUANT TO A CONTRACT WHICH PROVIDES THAT THE PURCHASE AND DELIVERY FREE-AT-FRONTIER OF THE COMMUNITY OR AT A PLACE OUTSIDE THE COMMUNITY IS AT A PRICE ABOVE THE PRICE GIVEN IN THE ANNEX TO THIS REGULATION FOR THE PARTICULAR QUALITY ... ". THE REQUEST FOR A PRELIMINARY RULING IS CONCERNED WITH THE VALIDITY OF THIS PROVISION .
THE VALIDITY OF ARTICLE 2 OF REGULATION NO 1643/71
A - ON THE NECESSITY OF THE DISPUTED MEASURE AND THE CHARACTERISTIC OF THE THREAT OF A SERIOUS DISTURBANCE AS A CONSEQUENCE OF IMPORTS ( THIRD PARAGRAPH OF THE OBSERVATIONS OF THE FRANKFURT-ON-MAIN COURT ON THE SECOND PARAGRAPH )
4 THE REASONS GIVEN BY THE NATIONAL COURT WHICH COULD INFLUENCE THE VALIDITY OF THE DISPUTED PROVISION GIVE RISE FIRST TO AN EXAMINATION OF THE QUESTION AS TO WHETHER THE MEASURE WAS NECESSARY, BECAUSE THE MARKET FOR TOMATO CONCENTRATES IN THE COMMUNITY WAS SUBJECT TO OR THREATENED WITH A SERIOUS DISTURBANCE BY REASON OF THE IMPORTS .
5 AS A JUSTIFICATION OF ITS MEASURE THE COMMISSION REFERRED TO THE CONTINUED INCREASE OF IMPORTS OF TOMATO CONCENTRATE FROM GREECE - IN THE COURSE OF THE ECONOMIC YEARS 1968-1970 FROM 4000 TO 22000 TONS - AT PRICES WHICH REPRESENTED FROM 60 TO 70 PER CENT OF THE COST PRICES OF THE COMMUNITY INDUSTRY . THE COMMISSION OBSERVES THAT THIS DIFFERENCE IN PRICE HAS LED TO THE CLOSING OF A GREAT NUMBER OF TOMATO PROCESSING CONCERNS IN ITALY, WHICH IN TURN HAS DIMINISHED THE POSSIBLE OUTLETS FOR FRESH TOMATOES PRODUCED IN THIS PART OF THE COMMON MARKET . HAVING REGARD TO THE FACT THAT THIS POSITION AS FAR AS COULD BE SEEN WOULD CONTINUE, THE COMMISSION CAME TO THE CONCLUSION THAT SERIOUS DISTURBANCES THREATENED THE MARKET OF THE COMMUNITY " BY IMPORTS ORIGINATING FROM GREECE " BOTH FOR THE PROCESSING INDUSTRY AS FOR THE OUTLET OF BASIC PRODUCERS WHICH COULD LEAD TO PRICES ON THE INTERNAL MARKET DETRIMENTAL TO THE OBJECTS OF ARTICLE 39 OF THE TREATY .
6 THE ADMINISTRATIVE COURT OBSERVES THAT THE FIGURES MENTIONED IN THE RECITALS OF THE REGULATION ACCOUNT FOR LESS THAN 10 PER CENT OF THE TOMATO CONCENTRATE PRODUCTION IN THE COMMUNITY AND IT THEREFORE QUERIES WHETHER SUCH A VOLUME OF IMPORTS COULD DISTURB THE INTERNAL MARKET .
7 THE NECESSITY OF THE PROTECTIVE MEASURES AS THE 7TH AND 8TH RECITALS OF THE DISPUTED REGULATION MADE CLEAR WAS TO BE JUDGED NOT ONLY BY REASON