THE SUBJECT OF BILATERAL AGREEMENTS CONCLUDED UNDER ARTICLE XXVIII OF THE GENERAL AGREEMENT, MODIFYING OR WITHDRAWING PREVIOUS TARIFF CONCESSIONS, CANNOT ALTER THE NATURE OF THE OBLIGATIONS ASSUMED BY THE COMMUNITY WITH RESPECT THERETO .
CONSEQUENTLY, NO PROVISION IN THE GENERAL AGREEMENT OR IN AGREEMENTS MADE UNDER ARTICLE XVIII THEREOF CAN AFFECT THE VALIDITY OF REGULATION NO 974/71 AND ITS IMPLEMENTING REGULATIONS .
32 THIS BOUND DUTY HOWEVER, WAS INCLUDED UNDER THE HEADING OF " AGREED DUTIES " IN THE COMMON CUSTOMS TARIFF .
ACCORDINGLY THIS PROVISION, HAVING BEEN INCORPORATED INTO A COMMUNITY REGULATION, IS CAPABLE OF GIVING RISE TO RIGHTS OF WHICH PARTIES MAY AVAIL THEMSELVES IN A COURT OF LAW .
IT IS ITSELF CLEAR AND PRECISE, AND DOES NOT LEAVE ANY MARGIN OF DISCRETION TO THE AUTHORITIES BY WHOM IT IS TO BE APPLIED .
WE MUST THEREFORE NOW SEE WHETHER THE COMPENSATORY AMOUNTS IN QUESTION ARE COMPATIBLE WITH THE COMMON CUSTOMS TARIFF .
33 ALTHOUGH THE COMPENSATORY AMOUNTS DO CONSTITUTE A PARTITIONING OF THE MARKET, HERE THEY HAVE A CORRECTIVE INFLUENCE ON THE VARIATIONS IN FLUCTUATING EXCHANGE RATES WHICH, IN A SYSTEM OF MARKET ORGANIZATION FOR AGRICULTURAL PRODUCTS BASED ON UNIFORM PRICES, MIGHT CAUSE DISTURBANCES IN TRADE IN THESE PRODUCTS .
DIVERSION OF TRADE CAUSED SOLELY BY THE MONETARY SITUATION CAN BE CONSIDERED MORE DAMAGING TO THE COMMON INTEREST, BEARING IN MIND THE AIMS OF THE COMMON AGRICULTURAL POLICY, THAN THE DISADVANTAGES OF THE MEASURES IN DISPUTE .
CONSEQUENTLY THESE COMPENSATORY AMOUNTS ARE CONDUCIVE TO THE MAINTENANCE OF A NORMAL FLOW OF TRADE UNDER THE EXCEPTIONAL CIRCUMSTANCES CREATED TEMPORARILY BY THE MONETARY SITUATION .
THEY ARE ALSO INTENDED TO PREVENT THE DISRUPTION IN THE MEMBER STATE CONCERNED OF THE INTERVENTION SYSTEM SET UP UNDER COMMUNITY REGULATIONS .
FURTHERMORE, THESE ARE NOT LEVIES INTRODUCED BY SOME MEMBER STATES UNILATERALLY, BUT COMMUNITY MEASURES WHICH, BEARING IN MIND THE EXCEPTIONAL CIRCUMSTANCES OF THE TIME, ARE PERMISSIBLE WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY .
BY ADOPTING THEM THE COUNCIL HAS NOT CONTRAVENED THE PROVISIONS OF THE COMMON CUSTOMS TARIFF .
34 THE RESPONSE TO THE THIRD QUESTION MUST THEREFORE BE THAT EXAMINATION OF IT HAS NOT REVEALED ANY ELEMENTS CAPABLE OF AFFECTING THE VALIDITY OF REGULATION NO 974/71, NOR THAT OF REGULATIONS NOS 1013/71, 1014/71 AND 501/72 BY REASON OF THE FACT THAT WHEN ADDED TO THE LEVY, THE COMPENSATORY AMOUNTS IN QUESTION EXCEED THE MAXIMUM TOTAL OF THE DUTY BOUND UNDER GATT IN RELATION TO TARIFF HEADING 04.04 .
IV - QUESTION FOUR
35 THE FOURTH QUESTION ASKS WHETHER THE AUTHORIZATION TO CHARGE COMPENSATORY AMOUNTS WAS NO LONGER VALID ON 15 MARCH 1972 - THE DATE OF THE IMPORTATION IN QUESTION - IN VIEW OF ARTICLE 8 ( 2 ) OF REGULATION NO 974/71 .
THE POINT RAISED BY THIS QUESTION IS WHETHER OR NOT THE CONDITIONS IMPOSED BY ARTICLE 8 OF REGULATION NO 974/71 FOR ITS CEASING TO BE APPLICABLE HAD BEEN MET ON THAT DATE BY REASON OF THE FACT THAT, AFTER THE WASHINGTON AGREEMENT OF