WITH THE RULES RELATING TO THE FREE MOVEMENT OF GOODS AND THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT : ON THE ONE HAND BECAUSE IT IS CALCULATED , BY THE GRANT OF A BONUS ON SALES OF BACON INTENDED TO BE MARKETED OUTSIDE THE NATIONAL TERRITORY , TO DISTORT PATTERNS OF TRADE BETWEEN MEMBER STATES AND THE COMPETITION OF COMMUNITY PRODUCERS ON EXTERNAL MARKETS ; AND ON THE OTHER HAND BY THE FACT THAT IT CONFERS ON A CENTRAL MARKETING AGENCY , VESTED WITH POWER TO CHARGE LEVIES ON THE WHOLE OF THE PRODUCTION OF ONE OF THE PRODUCTS COMING UNDER THE COMMON ORGANIZATION OF THE MARKET , THE RIGHT TO IMPOSE CHARGES IN SUCH CONDITIONS THAT TRADERS WHO CHOOSE TO MARKET THEIR PRODUCTS DIRECTLY WITHOUT RECOURSE TO AN INTERMEDIARY WHICH IS PRIVILEGED UNER THE LAW ARE PENALIZED .
20 THE ANSWER TO BE GIVEN TO QUESTIONS 4 , 5 AND 7 CONSIDERED TOGETHER SHOULD THEREFORE BE THAT REGULATION NO 2759/75 , HAVING REGARD TO THE PROVISIONS OF THE TREATY RELATING TO THE FREE MOVEMENT OF GOODS , MUST BE INTERPRETED AS MEANING THAT A NATIONAL SYSTEM IS INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT WHERE THE OBJECT OF THAT SYSTEM IS TO PERMIT A CENTRAL MARKETING AGENCY VESTED BY LAW WITH POWER TO CHARGE A LEVY ON THE WHOLE OF THE PRODUCTION OF A COMMODITY COMING UNDER THE COMMON ORGANIZATION OF THE MARKET , SUCH AS PIG CARCASSES INTENDED FOR THE PRODUCTION OF BACON ,
( A ) TO EFFECT , FROM THE PROCEEDS OF THE RECEIPTS FROM THE LEVY , THE PAYMENT OF BONUSES FOR CERTAIN PRODUCTS INTENDED TO BE MARKETED IN THE COMMON MARKET OR EXPORTED TO NON-MEMBER COUNTRIES ;
( B)TO INFLICT A FINANCIAL DISADVANTAGE ON ANY PRODUCER , WHO IS COMPELLED TO PAY THE PRODUCTION LEVY , BY REASON OF THE FACT THAT HE EFFECTS HIS SALES DIRECTLY WITHOUT AVAILING HIMSELF OF THE INTERMEDIARY OR OF THE SERVICES OF THE CENTRAL MARKETING AGENCY .
THE LEVY DEMANDED WITHIN THE FRAMEWORK OF A MARKETING SYSTEM WITH THE ABOVE-MENTIONED CHARACTERISTICS IS NOT DUE FROM PRODUCERS TO THE EXTENT TO WHICH IT IS EMPLOYED FOR PURPOSES INCOMPATIBLE WITH THE REQUIREMENTS OF THE TREATY ON THE FREE MOVEMENT OF GOODS AND WITH THE COMMON ORGANIZATION OF THE MARKET .
21 IT FOLLOWS THAT RECOURSE TO THE PROVISIONS OF ARTICLES 92 TO 94 OF THE TREATY CANNOT MODIFY THE REQUIREMENTS FLOWING , FOR THE MEMBER STATES , FROM OBSERVANCE OF THE RULES RELATING TO THAT COMMON ORGANIZATION . QUESTIONS 1 , 2 AND 3 PUT BY THE NATIONAL COURT MAY THEREFORE BE LEFT UNANSWERED .
22 SIMILARLY THE PROVISIONS RELATING TO THE COMMON ORGANIZATION OF THE MARKET CANNOT BE THWARTED BY DESCRIBING AS A ' ' STATE MONOPOLY ' ' AN AGENCY VESTED WITH CERTAIN STATUTORY POWERS , SUCH AS THE PBC . THAT CONSEQUENCE RESULTS FROM ARTICLE 38 ( 2 ) OF THE TREATY WHICH GIVES PRIORITY TO THE RULES FOR THE ORGANIZATION OF THE