ALSO TO ITS AIMS AND OBJECTS .
27 REGULATION NO 234/68 CONTAINS NO REFERENCE, EITHER IN POSITIVE OR IN NEGATIVE TERMS, TO THE COMPATIBILITY OR OTHERWISE OF NATIONAL REGULATIONS, PRESENT OR FUTURE, WITH THE COMMON MARKET ORGANIZATION ESTABLISHED BY ITS PROVISIONS .
28 CONSIDERATION MUST THEREFORE BE GIVEN TO THE QUESTION WHETHER THE EXISTENCE OF A NATIONAL INTERVENTION MECHANISM, SUCH AS THAT ESTABLISHED BY THE NETHERLANDS REGULATIONS, IS OF SUCH A NATURE AS TO UNDERMINE THE AIMS AND OBJECTS OF REGULATION NO 234/68 .
29 WHEN THE VOLUME OF NATIONAL PRODUCTION IS OF SUCH MAGNITUDE IN THE COMMON MARKET AS THAT OF BULB PRODUCTION IN THE NETHERLANDS, A MECHANISM OF THIS KIND CAN BE OF VALUE IN PROMOTING THE RATIONAL MARKETING OF PRODUCTION AND ENSURING STABLE MARKET CONDITIONS NOT ONLY IN THE MEMBER STATE CONCERNED BUT ALSO THROUGHOUT THE COMMUNITY .
30 IT IS STILL NECESSARY, HOWEVER, TO STUDY NOT ONLY THE NATIONAL INTERVENTION MECHANISM AS A WHOLE BUT ALSO ITS CONSTITUENT PARTS, ESPECIALLY THE QUALITY STANDARDS WHICH MUST BE SATISFIED BY PRODUCTS TO QUALIFY FOR INTERVENTION, IN THEIR RELATIONSHIP TO THE QUALITY STANDARDS FIXED BY THE COMMUNITY FOR THE MARKETING OF THE PRODUCTS .
31 IN THIS CONNEXION NATIONAL QUALITY STANDARDS WHICH ARE LESS DEMANDING THAN COMMUNITY STANDARDS MAY TEND TO ENCOURAGE THE PRODUCTION OF UNMARKETABLE BULBS .
32 IF THE EXTRA COST WHICH THIS IMPOSES ON THE FUND FINANCING THE INTERVENTION IS COVERED BY THE LEVY AND THUS DISTRIBUTED AMONG THE MARKETED PRODUCTS, INCLUDING EXPORTS, THIS MILITATES AGAINST THE AIM PURSUED BY THE COMMON ORGANIZATION OF THE MARKET AND THE REGULATIONS ARE TO THAT EXTENT INCOMPATIBLE WITH IT .
33 THE PLAINTIFF IN THE MAIN ACTION CONTENDS THAT THE NETHERLANDS REGULATIONS ON THE SURPLUS LEVY AND THE TRADE LEVY EMBODY ELEMENTS OF DISCRIMINATION WHICH ARE IN BREACH OF THE PRINCIPLES ENSHRINED IN THE TREATY .
34 IN THIS CONTEXT, THE PROHIBITIONS AGAINST DISCRIMINATION WHICH REQUIRE TO BE CONSIDERED ARE THE OUTCOME, FIRST, OF THE PRINCIPLE UNDERLYING ARTICLE 95 OF THE TREATY CONCERNING INTERNAL TAXATION AND, SECOND, OF THE PROVISION IN THE SECOND PARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY UNDER WHICH COMMON ORGANIZATIONS OF THE AGRICULTURAL MARKETS SHALL EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY .
35 REGULATIONS SUCH AS THOSE UNDER CONSIDERATION CONFLICT WITH THE PROHIBITIONS WHICH ARE EMBODIED IN THESE PROVISIONS, IF ONLY BY ANALOGY, IN CIRCUMSTANCES WHERE EXPORTED GOODS ARE SUBJECT TO A HEAVIER CHARGE THAN THOSE PLACED ON THE NATIONAL MARKET, OR WHERE THE REVENUE FROM THE CHARGE IS INTENDED TO PLACE NATIONAL PRODUCTS AT AN ADVANTAGE .
36 THE REPLY TO THE QUESTION REFERRED MUST THEREFORE BE THAT
( A ) A NATIONAL INTERVENTION MECHANISM IS INCOMPATIBLE WITH REGULATION NO 234/68 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN LIVE PLANTS INSOFAR AS PRODUCTS WHICH DO NOT SATISFY COMMUNITY STANDARDS LAID DOWN UNDER THE REGULATION QUALIFY FOR THE INTERVENTION;
( B ) AN INTERNAL LEVY ON SALES OF A PRODUCT IS INCOMPATIBLE WITH THE