Since 1967 Italy has insisted that all pasta marketed on its territory be made from durum wheat. Law No 580 of 4 July 1967 bans imports from other Member States of pasta made from common wheat or from a mixture of durum and common wheat. The Commission pointed out to the Italian authorities that this law runs counter to the EEC Treaty's rules on the free movement of goods (Articles 30 et seq.). In addition, the Court of Justice confirmed this legal incompatibility in two judgments of July 1988 and June 1989. Pending the amendment of Law No 580/67, the Italian authorities have issued a circular setting out their interpretation of the legal position (No 131149 of 2 November 1992, published in the Official Journal of the Italian Republic of 13 November 1992, General Series No 248). The circular explains that pasta which has been lawfully manufactured and marketed in another Member State of the Community may now be imported and marketed in Italy, even if it does not meet the conditions laid down in Law No 580. The Commission welcomes this solution, which takes account of the principle of the free movement of goods and that of mutual recognition and which bears witness to the spirit of cooperation now prevailing between the Member States and the Community institutions. The Commission has also noted to its satisfaction that the Italian Government and other governments are gradually falling into line with its recommended approach for the swift settlement of disputes, i.e. that pending the formal amendment of contested legislation Member States should take provisional steps (e.g. circulars or similar administrative acts) to ensure compliance with the rules on the free movement of goods within the single European market. * * *
