AND FOR SKIMMED-MILK POWDER USED AS FEED , THE COMMISSION IS BOUND TO TAKE INTO CONSIDERATION ALL THE FACTORS LISTED IN ARTICLE 2A ( 1 ) OF REGULATION NO 986/68 SO THAT THE RELATIONSHIP BETWEEN THE TWO AIDS MAY ACCORD WITH THE NEEDS OF THE MARKET FOR EACH PRODUCT AND THE REQUIREMENTS OF THE COMMON ORGANIZATION OF THE MARKETS IN QUESTION .
21 WITHIN THE CONTEXT OF THAT ASSESSMENT , THE REASONS WHICH ARE SUCH AS TO JUSTIFY THE SIZE OF THE GAP TO BE CREATED BETWEEN THE AID FOR SKIMMED MILK AND THE AID FOR SKIMMED-MILK POWDER MAY NOT BE BASED ON THE PARTICULAR POSITION OF CERTAIN UNDERTAKINGS OR GROUPS OF UNDERTAKINGS CONCERNED BUT MUST STEM FROM THE SECTOR CONCERNED AS A WHOLE AND FROM A COMPREHENSIVE ASSESSMENT OF THE RELATIONSHIPS SUBSISTING IN THE COMMON MARKET BETWEEN THE ONE PRODUCT AND THE OTHER .
22 ON THIS MATTER IT IS NOT OPEN TO DISPUTE , FIRST , THAT THE CONDITIONS UNDER WHICH SKIMMED MILK AND SKIMMED-MILK POWDER USED AS FEED ARE MARKETED AND UTILIZED ARE NOT IDENTICAL , PARTICULARLY BECAUSE OF THE ADVANTAGES IN TERMS OF CONSERVATION , STORAGE AND QUANTITIES REQUIRED WHICH SKIMMED-MILK POWDER OFFERS IN COMPARISON WITH LIQUID SKIMMED MILK AND , SECONDLY , THAT SKIMMED-MILK POWDER HAS ACCESS TO OTHER MARKETS , SUCH AS THAT FOR FEEDINGSTUFFS FOR ANIMALS OTHER THAN YOUNG CALVES UNDER MORE FAVOURABLE CONDITIONS THAN LIQUID SKIMMED MILK .
23 IT IS ALSO INDISPUTABLE THAT SKIMMED-MILK POWDER MAY BENEFIT FROM THE ADVANTAGES OFFERED BY THE INTERVENTION SYSTEM PROVIDED FOR IN ARTICLE 6 OF REGULATION NO 804/68 , WHEREAS SKIMMED MILK IS EXCLUDED FROM ACCESS TO SUCH A SYSTEM .
24 MOREOVER , THE OPPORTUNITY OF BEING OFFERED FOR INTERVENTION , WHICH IS AVAILABLE ONLY TO SKIMMED-MILK POWDER , IS THE SOURCE OF DIFFICULTIES IN THE FUNCTIONINING OF THE COMMON ORGANIZATION OF THE MARKET IN QUESTION SINCE IT HAS PRECISELY THE EFFECT OF ENCOURAGING THE PROCESSING OF SKIMMED MILK INTO SKIMMED-MILK POWDER SO THAT IT MAY GAIN ACCESS TO THE INTERVENTION SYSTEM WITH THE RESULT THAT IT CONTRIBUTES TO THE AGGRAVATION OF THE FINANCIAL BURDEN AFFLICTING THAT SYSTEM . THE FIGURES SUPPLIED BY THE COMMISSION IN ANSWER TO A WRITTEN QUESTION PUT BY THE EUROPEAN PARLIAMENT ON 23 NOVEMBER 1979 ( WRITTEN QUESTION NO 1150/79 , OFFICIAL JOURNAL C 66 , P . 46 ) REVEAL PRECISELY THAT IN 1978 THE PROCESSING OF SKIMMED MILK INTO SKIMMED-MILK POWDER INCREASED BY 8.9% IN COMPARISON WITH THE PREVIOUS YEAR .
25 THEREFORE , HAVING REGARD TO THESE FACTORS , IT DOES NOT APPEAR THAT IN FIXING THE AIDS AT LEVELS SUCH THAT THE RELATIONSHIP BETWEEN THE AID FOR SKIMMED MILK AND THAT FOR SKIMMED-MILK POWDER FOR USE AS FEED WAS 9.77 THE COMMISSION COMMITTED AN OBVIOUS ERROR OR A MISUSE OF POWER OR THAT IT CLEARLY EXCEEDED THE LIMITS OF ITS DISCRETIONARY POWER .
26 FOR THOSE REASONS , THE ANSWER TO THE SECOND QUESTION MUST BE THAT IN FIXING THE AIDS AT LEVELS SUCH THAT