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COMMON CUSTOMS TARIFF - ESTABLISHMENT - PRODUCTS IN LIST G - SILK - ITALIAN MARKET - ISOLATION - SUPPORT FOR THE INTRODUCTION OF PROTECTIVE MEASURES - NON-BINDING NATURE - NO DEROGATION FROM THE EEC TREATY - POWERS AND OBLIGATIONS OF THE COMMISSION
( EEC TREATY, ARTICLES 14, 15 AND 226 )
PROTOCOL NO VIII, ARTICLE 2 OF THE AGREEMENT OF 2 MARCH 1960 REGARDING THE ESTABLISHMENT OF A PART OF THE COMMON CUSTOMS TARIFF CONCERNING PRODUCTS IN LIST G ( OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF 20 DECEMBER 1960, P . 1855 )
ARTICLE 2 OF PROTOCOL NO VIII LAYS DOWN A POLICY WHICH THE COMMISSION MUST TAKE INTO ACCOUNT WITHOUT BEING BOUND BY ANY SPECIFIC LEGAL OBLIGATION . AS THIS PROVISION HAS NOT LAID DOWN ANY POSITIVE MEASURE OF LAW IT NEITHER INVOLVES A DEPARTURE FROM ARTICLE 14 OR 15 OF THE EEC TREATY, NOR SUBSTITUTES FOR THEM A SPECIAL RULE CONCERNING ITALIAN SILK PRODUCTS . MOREOVER, ARTICLE 2 OF PROTOCOL NO VIII INVOLVES NO DEPARTURE FROM ARTICLE 226 OF THE EEC TREATY . WHILE EXPRESSING ' SUPPORT FOR THE APPLICATION OF ARTICLE 226 OF THE TREATY ', THE MEMBER STATES INTENDED TO REMAIN WITHIN THE ACTUAL FRAMEWORK OF THAT ARTICLE AND LEAVE INTACT THE DISCRETIONARY POWER VESTED BY IT IN THE COMMISSION .