OF THE TREATY .
7 UNDER ARTICLE 37 ( 1 ), MEMBER STATES SHALL PROGRESSIVELY ADJUST THEIR STATE MONOPOLIES OF A COMMERCIAL CHARACTER SO AS TO ENSURE THAT NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES . WITHOUT REQUIRING THE ABOLITION OF THE SAID MONOPOLIES , THIS PROVISION PRESCRIBES IN MANDATORY TERMS THAT THEY MUST BE ADJUSTED IN SUCH A WAY AS TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED SUCH DISCRIMINATION SHALL CEASE TO EXIST . PARAGRAPH ( 2 ) REFERS TO THE OBLIGATION ON ALL MEMBER STATES TO REFRAIN , AS FROM THE BEGINNING OF THE TRANSITIONAL PERIOD , FROM INTRODUCING ANY NEW MEASURES LIKELY TO RESTRICT THE SCOPE OF THE ARTICLES DEALING WITH THE ABOLITION OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES . PARAGRAPH ( 3 ), MOREOVER , PROVIDES THAT THE TIME-TABLE FOR ADJUSTMENT PROVIDED FOR IN PARAGRAPH ( 1 ) OF THE ARTICLE MUST BE HARMONIZED WITH THE ABOLITION OF QUANTITATIVE RESTRICTIONS ON THE SAME PRODUCTS PROVIDED FOR IN ARTICLES 30 TO 34 .
8 ARTICLE 37 ( 1 ) IS NOT CONCERNED EXCLUSIVELY WITH QUANTITATIVE RESTRICTIONS BUT PROHIBITS ANY DISCRIMINATION , WHEN THE TRANSITIONAL PERIOD HAS ENDED , REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED BETWEEN NATIONALS OF MEMBER STATES . IT FOLLOWS THAT ITS APPLICATION IS NOT LIMITED TO IMPORTS OR EXPORTS WHICH ARE DIRECTLY SUBJECT TO THE MONOPOLY BUT COVERS ALL MEASURES WHICH ARE CONNECTED WITH ITS EXISTENCE AND AFFECT TRADE BETWEEN MEMBER STATES IN CERTAIN PRODUCTS , WHETHER OR NOT SUBJECT TO THE MONOPOLY , AND THUS COVERS CHARGES WHICH RESULT IN DISCRIMINATION AGAINST IMPORTED PRODUCTS AS COMPARED WITH NATIONAL PRODUCTS COMING UNDER THE MONOPOLY . IT FOLLOWS FROM THESE PROVISIONS AND THEIR STRUCTURE THAT THE OBLIGATION LAID DOWN IN PARAGRAPH ( 1 ) AIMS AT ENSURING COMPLIANCE WITH THE FUNDAMENTAL RULE OF THE FREE MOVEMENT OF GOODS THROUGHOUT THE COMMON MARKET , IN PARTICULAR BY THE ABOLITION , IN TRADE BETWEEN MEMBER STATES , OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT . A CHARGE OF THE TYPE AT ISSUE INTRODUCED AFTER THE ENTRY INTO FORCE OF THE EEC TREATY IS , ACCORDINGLY , CONTRARY TO ARTICLE 37 ( 2 ).
9 NEVERTHELESS , THE GERMAN GOVERNMENT TAKES THE VIEW , WHICH ACCORDS WITH THE RECOMMENDATION OF THE COMMISSION , THAT ARTICLE 37 ( 4 ) CONSTITUTES JUSTIFICATION FOR A CHARGE HAVING EQUIVALENT EFFECT WHICH IS DESIGNED TO ENSURE SAFEGUARDS FOR THE EMPLOYMENT AND STANDARD OF LIVING OF GERMAN PRODUCERS , OF AGRICULTURAL ALCOHOL BECAUSE IT IS THE EQUIVALENT OF THE SAFEGUARDS WHICH THEY ENJOYED BY VIRTUE OF THE MONOPOLY ' S EXCLUSIVE RIGHT TO IMPORT , WHICH WAS ABOLISHED BY THE GERMAN GOVERNMENT IN ORDER TO COMPLY WITH THE OBLIGATIONS ARISING UNDER PARAGRAPH ( 1 ) OF THE ARTICLE .
10 IF A MONOPOLY HAS RULES WHICH ARE DESIGNED TO MAKE IT EASIER TO DISPOSE OF AN AGRICULTURAL PRODUCT , ARTICLE 37 (