IN RESPECT OF WHICH IT HAS LEFT NO ROOM FOR DOUBT , NAMELY THE RELEASE INTO FREE CIRCULATION WITHIN THE COMMUNITY OF THE QUANTITIES OF TAPIOCA AT ISSUE STORED IN A NETHERLANDS PORT . THE COMMISSION ' S OPPORTUNITY TO DEFEND ITSELF HAS NOT BEEN AFFECTED BY THAT AMENDMENT .
17 THE SECOND QUESTION IS WHETHER THE MEASURES APPLIED FOR ARE URGENT IN THE SENSE THAT IN ORDER TO PREVENT THE APPLICANT FROM SUSTAINING SERIOUS AND IRREPARABLE DAMAGE , THEY MUST TAKE EFFECT BEFORE THE DECISION ON THE MAIN ACTION . THE APPLICANT HAS POINTED OUT IN THAT REGARD THAT TAPIOCA IS NOT IN ITSELF A HIGHLY PERISHABLE PRODUCT BUT THAT RELATIVELY LARGE QUANTITIES HAVE FOR SOME TIME BEEN STORED IN LIGHTERS , PENDING THE ISSUE OF IMPORT LICENCES ; THAT , IN THE MEANTIME , SINCE THE END OF WINTER , CONSIDERABLE FLUCTUATIONS IN TEMPERATURE AND HIGH DAYTIME TEMPERATURES HAVE BEEN OR MAY BE OBSERVED ; AND THAT THIS WILL UNDOUBTEDLY LEAD WITHIN A SHORT TIME TO THE FERMENTATION OF THE TAPIOCA KEPT IN STORAGE , THEREBY CAUSING IRREPARABLE DAMAGE , WHILST THE RELATIVE HUMIDITY COULD ALSO LEAD TO THE APPEARANCE OF MOULD . THERE IS NO REASON TO QUESTION THE VERACITY OF THOSE STATEMENTS .
18 AT THE HEARING , HOWEVER , THE COMMISSION STATED THAT SOME HOURS EARLIER IT HAD BEEN INFORMED BY BANGKOK THAT THE THAI AUTHORITIES HAD ISSUED EXPORT CERTIFICATES IN RESPECT OF THE EXCESS QUANTITIES UNLOADED FROM THE PANAMAX MERCURY , THAT IS TO SAY THE TAPIOCA FORMING THE SUBJECT-MATTER OF CASE 82/85 R . THE NUMBERS ON THE CERTIFICATES HAD BEEN NOTIFIED TO THE COMMISSION .
19 ACCORDINGLY , THE MEASURES APPLIED FOR IN CASE 82/85 R ARE NO LONGER URGENT . THE BOARD WILL HAVE TO ISSUE IMPORT LICENCES FOR THE QUANTITIES IN RESPECT OF WHICH EXPORT CERTIFICATES HAVE BEEN GRANTED IN THAILAND .
20 ADMITTEDLY , THE APPLICANT POINTED OUT AT THE HEARING THAT THE QUANTITIES IN RESPECT OF WHICH EXPORT CERTIFICATES HAD BEEN ISSUED , ACCORDING TO THE INFORMATION RECEIVED FROM BANGKOK , DID NOT CORRESPOND EXACTLY TO THE QUANTITIES STORED IN THE NETHERLANDS , BUT THAT DISPARITY IS OF NO IMPORTANCE IN THESE PROCEEDINGS . THE APPLICANT ' S REQUEST IS ADDRESSED TO THE COMMISSION WHICH CAN NOT ISSUE IMPORT LICENCES OR EXPORT CERTIFICATES IN RESPECT OF EXCESS QUANTITIES BUT CAN ONLY PLACE THE THAI AUTHORITIES , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN BY ARTICLE 4 ( 2 ) OF REGULATION NO 3675/83 , IN A POSITION TO ISSUE FURTHER EXPORT CERTIFICATES . THE COMMISSION MADE A REQUEST TO THAT END IN CONNECTION WITH THE LOADING OF THE PANAMAX MERCURY AND THE THAI AUTHORITIES TOOK APPROPRIATE ACTION AS A RESULT .
21 AS REGARDS THE EXCESS QUANTITIES UNLOADED FROM THE THALASSINI EPHI , THAT IS TO SAY THE TAPIOCA FORMING THE SUBJECT-MATTER OF CASE 83/85 R , THE COMMISSION WAS UNABLE TO SAY AT THE HEARING WHAT ACTION THE THAI AUTHORITIES HAD TAKEN IN RESPONSE TO ITS REQUEST