BE INTERPRETED ' TO MEAN THAT FROM THE DATE OF THE ENTRY INTO FORCE OF THE AGREEMENT , THAT IS , 1 OCTOBER 1970 , THE MEMBER STATES WERE NO LONGER EMPOWERED TO INTRODUCE DIRECTLY ( ON THE BASIS OF BILATERAL COMMERCIAL AGREEMENTS PREVIOUSLY CONCLUDED WITH SPAIN ) QUANTITATIVE RESTRICTIONS OF WHATEVER NATURE , INCLUDING IMPORT QUOTAS , WITH REGARD TO PRODUCTS ORIGINATING IN SPAIN ( AND IN PARTICULAR THOSE COVERED BY ARTICLE 11 OF ANNEX I TO THE AGREEMENT BETWEEN THE EEC AND SPAIN , TARIFF HEADING 08.04 , FRESH TABLE GRAPES ) THROUGHOUT ALL THE MONTHS OF THE YEAR ' .
10 THESE TWO QUESTIONS SHOULD BE CONSIDERED TOGETHER .
11 AS REGARDS THE INTERPRETATION OF THE AGREEMENT , IN ITS OBSERVATIONS RIVOIRA RELIED ON ARTICLES 1 AND 11 ( UNDER HEADING 08.04 OF THE COMMON CUSTOMS TARIFF ) TOGETHER OF ANNEX I TO THE AGREEMENT , TO ARGUE THAT THOSE PROVISIONS PROHIBIT QUANTITATIVE RESTRICTIONS ON IMPORTS OF FRESH GRAPES .
12 IT WAS ARGUED THAT , IN FACT , SINCE ARTICLE 11 PROVIDES THAT IMPORTS OF THE PRODUCT INTO THE COMMUNITY SHALL BE SUBJECT TO CUSTOMS DUTIES REDUCED BY 50 % DURING THE PERIOD BETWEEN 1 JANUARY AND 31 MARCH , ARTICLE 1 , ACCORDING TO WHICH ' IMPORTS INTO THE COMMUNITY OF PRODUCTS ORIGINATING IN SPAIN WHICH ARE COVERED BY THE PROVISIONS OF THIS ANNEX . . . SHALL BE ADMITTED WITHOUT QUANTITATIVE RESTRICTIONS ' , PROHIBITS QUOTA RESTRICTIONS SUCH AS THOSE INVOKED BY THE FRENCH AUTHORITIES .
13 HOWEVER , IN ITS OBSERVATIONS , THE COMMISSION ARGUED THAT THE SAID ARTICLE 1 MUST BE INTERPRETED AS MEANING THAT QUANTITATIVE RESTRICTIONS ARE PROHIBITED ONLY IN SO FAR AS THE PROVISIONS OF THE ANNEX APPLY TO THE PRODUCTS REFERRED TO , AND THAT CONSEQUENTLY , AS FAR AS FRESH TABLE GRAPES ARE CONCERNED , THAT PROHIBITION OPERATES ONLY DURING THE PART OF THE YEAR BETWEEN 1 JANUARY AND 31 MARCH .
14 ALTHOUGH AT FIRST SIGHT THE BROADER INTERPRETATION PUT FORWARD BY RIVOIRA MAY APPEAR ACCEPTABLE , THE INTERPRETATION SUGGESTED BY THE COMMISSION IS MORE IN ACCORDANCE WITH BOTH THE GENERAL SCHEME AND THE OBJECTIVES OF THE AGREEMENT .
15 INDEED , CERTAIN PROVISIONS OF ANNEX I TO THE AGREEMENT - AND AS FAR AS FRESH GRAPES ARE CONCERNED , ARTICLE 9 ( 2 ) THEREOF - PROVIDE FOR QUOTA RESTRICTIONS , AND THEREFORE QUANTITATIVE RESTRICTIONS , SO THAT IT MUST BE CONCLUDED THAT ARTICLE 1 IS NOT INTENDED TO PROHIBIT ALL QUANTITATIVE RESTRICTIONS .
16 HOWEVER , WHERE THE AGREEMENT PROVIDES FOR REDUCED DUTIES ON IMPORTS AT CERTAIN PERIODS , IT IS NORMAL FOR IT TO STIPULATE THAT THAT ADVANTAGE MAY NOT BE FETTERED BY QUANTITATIVE RESTRICTIONS .
17 ON THE OTHER HAND , IT CANNOT BE CONCLUDED THAT FOR THE REST OF THE YEAR , IN THIS CASE FOR THE PERIOD BETWEEN 1 APRIL AND 31 DECEMBER , SUCH RESTRICTIONS ARE ALSO PROHIBITED , AS THE FACT THAT THE REDUCED CUSTOMS DUTY APPLIES ONLY FOR