SEEDS, SHOWS THAT THE ADDITIONAL SUBSIDY SHOULD BE MAINTAINED FOR THE MARKETING YEAR' IN QUESTION .
REGULATION NO 1357/73 PROVIDES 'WHEREAS, PENDING COMPLETION OF THE EXAMINATION OF THE PROBLEMS RAISED BY THE MOVEMENT OF OIL SEEDS WITHIN THE ENLARGED COMMUNITY, THE ADDITIONAL SUBSIDY SHOULD BE MAINTAINED FOR THE 1973/74 MARKETING YEAR '.
12 THE DEFENDANTS HAVE STATED THAT THE DIFFICULTIES WHICH THESE RULES AIM AT LESSENING ARE CAUSED IN PARTICULAR BY THE FACT THAT TRANSPORT COSTS OF 100 KG OF COLZA SEED FROM FRANCE TO ITALY ARE HIGHER THAN THAT OF THE 41 KG OF OIL WHICH THEY CONTAIN, SO THAT IN SPITE OF THE SYSTEM INTRODUCED BY REGULATION NO 136/66 TO OFFSET THE TRANSPORT COSTS OF SEED, FRENCH OIL COULD COME ONTO THE ITALIAN MARKET AT A LOWER PRICE THAN THAT OF OIL PRODUCED IN THE COUNTRY FROM SEED HARVESTED IN FRANCE .
THE ADDITIONAL SUBSIDY IN QUESTION IS THUS INTENDED TO COMPENSATE FOR THE DISADVANTAGES IN COMPETITION CAUSED TO THE ITALIAN MILLS FAR FROM THE COMMUNITY PRODUCTION AREAS BY THE STRUCTURE OF THE COMMON ORGANIZATION OF THE MARKET .
13 THE OBJECTIVES REFERRED TO IN ARTICLE 40 OF THE TREATY, THAT IS THE ESTABLISHMENT OF A COMMON AGRICULTURAL POLICY AND A COMMON ORGANIZATION OF AGRICULTURAL MARKETS, PRESUPPOSES THE ADOPTION OF COMMON RULES AND CRITERIA AND THE CONSEQUENT EXCLUSION OF ANY DISCRIMINATION BASED ON THE NATIONALITY OR LOCALITY OF THE OIL MILLS .
IN THIS LIGHT THE VARIOUS FACTORS IN THE COMMON ORGANIZATION OF THE MARKETS, PROTECTIVE MEASURES, AIDS, SUBSIDIES, ETC . MAY BE DISTINGUISHED ACCORDING TO THE AREAS AND OTHER CONDITIONS OF PRODUCTION OR CONSUMPTION ONLY IN TERMS OF CRITERIA OF AN OBJECTIVE NATURE WHICH ENSURE A PROPORTIONATE DISTRIBUTION OF ADVANTAGES AND DISADVANTAGES FOR THOSE CONCERNED WITHOUT DISTINGUISHING BETWEEN THE TERRITORY OF MEMBER STATES .
ADDITIONAL SUBSIDIES LIMITED TO OIL MILLS ESTABLISHED IN ONE OF THE MEMBER STATES ARE THEREFORE IN GENERAL INCOMPATIBLE WITH THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY IN SO FAR AS THEY ARE NOT JUSTIFIED BY CIRCUMSTANCES SPECIAL TO THE WHOLE OF THE NATIONAL MARKET IN QUESTION .
14 AT ITS INITIATION HOWEVER THE COMMON ORGANIZATION OF THE MARKET MAY NOT COMPLETELY MEASURE UP TO THE OBJECTIVES LISTED IN ARTICLE 39 OF THE TREATY AND MAY CONTAIN GAPS CAPABLE OF ENDANGERING THE STABILITY OF THE MARKET IN A PART OF THE COMMUNITY .
ALTHOUGH IT IS INCUMBENT UPON THE INSTITUTIONS RESPONSIBLE TO SEEK WITH ALL DUE DILIGENCE THE CAUSES OF SUCH DIFFICULTIES AND TO ADAPT THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS AS SOON AS POSSIBLE TO REMEDY THE DEFECTS REVEALED, THEY ARE AT LIBERTY, IN THE MEANTIME, TO TAKE PROVISIONAL MEASURES, WHICH ARE LIMITED TO THOSE MEMBER STATES IN WHICH THE MARKET HAS BEEN MORE PARTICULARLY AFFECTED .
15 SUCH WOULD APPEAR TO HAVE BEEN THE CASE WITH REGARD TO REGULATION NO 876/67 AND THE REGULATIONS WHICH RE-ENACTED IT .
ALTHOUGH THE EXPLANATION GIVEN BY THE DEFENDANTS, ACCORDING TO WHICH THE INTRODUCTION OF FRENCH OILS AT PRICES VERY MUCH LESS THAN