OWN POWERS , BUT AS THE FULFILMENT OF THE DUTY TO COOPERATE IN ACHIEVING THE AIMS OF THE COMMON ORGANIZATION OF THE MARKET WHICH , IN A SITUATION CHARACTERIZED BY THE INACTION OF THE COMMUNITY LEGISLATURE , ARTICLE 5 OF THE TREATY IMPOSES ON THEM . CONSEQUENTLY , THE MEASURES ADOPTED BY THE MEMBER STATES MAY ONLY BE TEMPORARY AND PROVISIONAL IN NATURE AND THEY MUST CEASE TO BE APPLIED AS SOON AS COMMUNITY MEASURES ARE INTRODUCED .
24 HOWEVER , IN VIEW OF THE RISK , RIGHTLY MENTIONED BY THE COMMISSION , THAT THE CONSOLIDATION OF UNILATERAL AND POSSIBLY DIFFERENT NATIONAL RULES MAY HAVE THE EFFECT , OWING TO CONTINUING INACTION ON THE PART OF COMMUNITY AUTHORITIES , OF CREATING OBSTACLES TO TRADE , IT IS IMPORTANT TO DRAW ATTENTION TO CERTAIN CONDITIONS WHICH MUST BE TAKEN INTO ACCOUNT IN APPRAISING SUCH RULES .
25 IN THE FIRST PLACE IT SHOULD BE BORNE IN MIND THAT , AS THE COURT HELD IN ITS JUDGMENT OF 23 JANUARY 1975 IN CASE 51/74 ( VAN DER HULST V PRODUKTSCHAP VOOR SIERGEWASSEN , ( 1975 ) ECR 79 ) AND OF 18 MAY 1977 IN CASE 111/76 ( OFFICIER VAN JUSTITIE V VAN DEN HAZEL , ( 1977 ) ECR 901 ), PROVISIONS ADOPTED OR MAINTAINED BY MEMBER STATES IN THE CIRCUMSTANCES DESCRIBED ABOVE ARE PERMISSIBLE ONLY IF THEY ARE COMPATIBLE WITH THE PRINCIPLES OF THE COMMON ORGANIZATION OF THE MARKET .
26 IT MAY BE OBSERVED , AS THE COMMISSION HAS ACKNOWLEDGED , THAT IN PRINCIPLE MEASURES OF THE KIND PROVIDED FOR BY THE RULES APPLIED BY THE BOARD WITH RESPECT TO QUALITY AND MARKETING STANDARDS ARE UNOBJECTIONABLE WITH REGARD TO THE REQUIREMENTS OF THE COMMON ORGANIZATION OF THE MARKET IN POULTRYMEAT .
27 SECONDLY , IT MUST BE EMPHASIZED THAT THE APPLICATION OF NATIONAL QUALITY AND MARKETING STANDARDS MUST NOT RESTRICT THE FREEDOM TO IMPORT POULTRYMEAT LAWFULLY PRODUCED AND MARKETED IN OTHER MEMBER STATES IN ACCORDANCE WITH THE QUALITY AND MARKETING STANDARDS IN FORCE THERE .
28 FINALLY , IF FREE TRADE IS RESTRICTED BY THE DIFFERENCES BETWEEN THE NATIONAL RULES OR THE ABSENCE OF MEASURES FOR ENSURING APPROPRIATE QUALITY CONTROL LEADS TO ECONOMIC DISTURBANCES IN THE MARKET SECTOR IN QUESTION , THE COUNCIL ' S FAILURE TO ACT CANNOT DISCHARGE THE COMMISSION FROM ITS DUTY TO TAKE THE NECESSARY STEPS , USING ITS POWERS UNDER ARTICLE 155 OF THE TREATY , TO ENSURE THAT THE PRODUCTS COVERED BY THE ORGANIZATION OF THE MARKET CAN MOVE FREELY WITHIN THE COMMUNITY UNDER CONDITIONS CONSISTENT WITH THE AIMS OF THAT ORGANIZATION .
29 TAKING ALL THOSE CONSIDERATIONS INTO ACCOUNT , THE ANSWER TO THE QUESTION REFERRED TO THE COURT BY THE COLLEGE VAN BEROEP MUST BE THAT ARTICLE 2 OF REGULATION NO 2777/75 IS TO BE INTERPRETED AS MEANING THAT , IN A SITUATION CHARACTERIZED BY THE ABSENCE OF THE IMPLEMENTING MEASURES PROVIDED FOR BY THAT REGULATION , NATIONAL PROVISIONS LAYING DOWN MARKETING AND QUALITY STANDARDS FOR SLAUGHTERED POULTRY AND ENFORCEABLE BY