ABOUT 40 U.A . IN RELATION TO THOSE OF THE PREVIOUS YEAR .
ALTHOUGH THE REASON WHY THE MINIMUM GUARANTEED PRICE , THE FIXING OF WHICH IS PROMPTED BY VERY DIFFERENT OBJECTIVES , WAS INCREASED AS MUCH AS THE INTERVENTION , TARGET AND THRESHOLD PRICES IS NOT CLEAR , IT IS CONCEIVABLE THAT IN THE UNCERTAIN CONDITIONS OF THE WORLD MARKET THE COUNCIL CONSIDERED IT WISER TEMPORARILY TO MAINTAIN THE WHOLE SYSTEM IN FORCE .
IN ANY EVENT IN VIEW OF THE CIRCUMSTANCES MENTIONED IT IS NOT POSSIBLE TO DESCRIBE THE POSTPONEMENT OF AMENDMENT OF THE SYSTEM TO A SUBSEQUENT DATE AND THE DECISION TO MAINTAIN FOR 1974/75 THE PREVIOUS STRUCTURES OF THE SYSTEM AS A SUFFICIENTLY FLAGRANT INFRINGEMENT OF ARTICLES 39 AND 40 OF THE TREATY .
THIS CONCLUSION IS CONFIRMED BY THE FACT THAT AS FROM THE 1976/77 CEREAL YEAR THE SYSTEM OF AIDS HAS BEEN AMENDED SO AS TO REMEDY THE ABOVEMENTIONED DISCRIMINATION .
17 FURTHER IN THE EXCEPTIONAL CONDITIONS WHICH GOVERNED THE TREND IN PRICES OF DURUM WHEAT HARVESTED IN FRANCE DURING 1974/75 IT WAS NOT CLEAR THAT THE EXISTENCE OF THE SYSTEM OF AIDS AND THEIR MAINTENANCE AT THE PREVIOUS LEVEL COULD HAVE ANY EFFECT ON THIS TREND COMPARABLE TO THAT OBSERVED IN RESPECT OF THE PREVIOUS PERIOD .
18 THE APPLICANTS , AS THEY HAD ALREADY DONE IN JOINED CASES 63 TO 69/72 , COMPLAINED FURTHER THAT THE COMMUNITY INSTITUTIONS DID NOT REDUCE THE MARGIN BETWEEN THE INTERVENTION PRICE FIXED FOR DURUM WHEAT AND THE THRESHOLD PRICE .
WHERE THE PRODUCT IS IN SHORT SUPPLY ON THE MARKET AS IN THE PRESENT CASE THERE IS NO REASON FOR A LARGE MARGIN BETWEEN THESE TWO PRICES FOR IT MAKES COMPETITION MORE DIFFICULT FOR THOSE MEAL PRODUCERS OBLIGED TO OBTAIN SUPPLIES MAINLY ON THE WORLD MARKET IN RELATION TO THOSE LOCATED IN AREAS WHERE COMMUNITY DURUM WHEAT IS CULTIVATED .
THE REASONS WHY IT HAS BEEN POSSIBLE TO CONSIDER THE DIFFERENCE BETWEEN THESE TWO PRICES NECESSARY , THAT IS PREVENTION OF UNDESIRABLE INTERFERENCE BETWEEN THE SALE OF DURUM WHEAT ON THE ONE HAND AND THAT OF COMMON WHEAT ON THE OTHER NO LONGER EXISTED FOR THE YEAR 1974/75 DURING WHICH THE DIFFERENCE IN PRICES FIXED FOR THE TWO PRODUCTS , WHICH IN PREVIOUS YEARS WAS SOME 20 % , WAS INCREASED CONSIDERABLY .
19 FOR 1974/75 THE DIFFERENCE BETWEEN THE INTERVENTION AND THRESHOLD PRICES WAS , IN RELATION TO THAT OF 1973/74 , REDUCED IN TERMS OF PERCENTAGE AND , AT LEAST UNTIL 7 OCTOBER 1974 , EVEN IN ABSOLUTE TERMS .
THIS DIFFERENCE WAS NECESSARY TO MAINTAIN COMMUNITY PREFERENCE IN THOSE COUNTRIES WHERE DURUM WHEAT IS PRODUCED SINCE A REDUCTION IN THE THRESHOLD PRICE IN RELATION TO THE INTERVENTION PRICE WOULD ENDANGER THE FLOW OF THE COMMUNITY PRODUCT FROM SOUTHERN ITALY TO NORTHERN ITALY AND FROM THE SOUTH OF FRANCE TO THE ATLANTIC COAST .
FIXING DIFFERENT THRESHOLD PRICES FOR MEMBER STATES NOT GROWING DURUM WHEAT AND OTHER MEMBER STATES AS SUGGESTED BY THE APPLICANTS