, MAKING USE OF THE POSSIBILITY LEFT TO THE MEMBER STATES BY THE PROVISION CITED , THE FRENCH REPUBLIC NOTIFIED THE COMMISSION , FOR THE YEARS 1970 AND 1971 , OF A QUANTITATIVE RESTRICTION CONCERNING SPANISH TABLE GRAPES CONSISTING IN A LIMITATION OF IMPORTS THEREOF TO A QUOTA OF FF 5 MILLION FOR THE PERIOD BETWEEN MID-NOVEMBER AND 31 JANUARY .
22 THE EFFECT OF THE AGREEMENT BETWEEN THE COMMUNITY AND SPAIN IS FURTHER TO LIMIT THE FREEDOM OF THE MEMBER STATES AND , CONSEQUENTLY , THE POSSIBILITY FOR THE FRENCH REPUBLIC TO EXTEND THE NOTIFIED RESTRICTION TO THE MONTH OF JANUARY .
23 ON THE OTHER HAND , IT RESULTS FROM THE FOREGOING THAT , HAVING REGARD TO THE COMBINED PROVISIONS OF ARTICLE 1 OF REGULATION NO 2513/69 AND OF ARTICLES 1 AND 11 OF ANNEX I TO THE AGREEMENT BETWEEN THE EEC AND SPAIN , MEMBER STATES COULD CONTINUE TO APPLY TO TABLE GRAPES OF SPANISH ORIGIN DURING THE PART OF THE YEAR BETWEEN 1 JULY AND 31 DECEMBER QUANTITATIVE RESTRICTIONS IN EXISTENCE PRIOR TO REGULATION NO 2513/69 .
24 FINALLY , AS TO THE INTERPRETATION OF ARTICLE 115 OF THE TREATY WHICH HAS BEEN REQUESTED , SINCE CERTAIN MEMBER STATES INCLUDING THE FRENCH REPUBLIC HAVE ACTUALLY MADE USE OF THE POSSIBILITY OF CONTINUING TO APPLY QUANTITATIVE RESTRICTIONS TO IMPORTS OF TABLE GRAPES OF SPANISH ORIGIN , DIFFERENCES AROSE AT THE TIME BETWEEN THE MEASURES OF COMMERCIAL POLICY APPLIED BY THE MEMBER STATES , WHICH IS THE BASIC CONDITION FOR THE APPLICATION OF ARTICLE 115 .
25 IT FOLLOWS FROM THE FOREGOING THAT DURING THE PART OF THE YEAR BETWEEN 1 JULY AND 31 DECEMBER TABLE GRAPES WERE NOT COVERED BY A COMMUNITY IMPORT SYSTEM SUCH AS TO MAKE ARTICLE 115 INAPPLICABLE TO THE CASE .
26 IT IS NOT DISPUTED THAT TWO MEMBER STATES OBTAINED THE AUTHORIZATION OF THE COMMISSION WHICH IS REFERRED TO IN THE SECOND SENTENCE OF THE FIRST PARAGRAPH OF THAT ARTICLE , TO EXCLUDE SPANISH TABLE GRAPES FROM COMMUNITY TREATMENT DURING THE LAST MONTHS OF THE YEAR , WHICH AUTHORIZATION EMPOWERED THEM , BY WAY OF DEROGATION FROM ARTICLE 30 OF THE TREATY , TO CHECK THE ORIGIN OF PRODUCTS IN TRADE WITHIN THE COMMUNITY .
27 IT IS IMPORTANT TO POINT OUT THAT , ACCORDING TO THE INFORMATION SUPPLIED BY THE COMMISSION , THE FRENCH REPUBLIC NEITHER REQUESTED NOR OBTAINED SUCH AUTHORIZATION .
28 BE THAT AS IT MAY , THE ANSWER SHOULD BE THAT , FOR THE YEARS 1970 AND 1971 THE EXISTENCE OF THE COMMERCIAL AGREEMENT BETWEEN THE COMMUNITY AND SPAIN FORMED NO OBSTACLE TO THE APPLICATION TO IMPORTS OF TABLE GRAPES OF ARTICLE 115 OF THE TREATY .
29 QUESTIONS 3 TO 6 REFERRED TO THE COURT BY THE PRESIDENT OF THE TRIBUNALE DI SALUZZO SEEK TO ASCERTAIN WHAT CHECKS AT FRONTIERS WITHIN THE COMMUNITY ARE STILL COMPATIBLE WITH COMMUNITY LAW .
30 THE THIRD AND FOURTH QUESTIONS ASK WHETHER THE FACT THAT THE IMPORTATION OF PRODUCTS IN FREE