( 1 ) AND ARTICLE 26 OF REGULATION ( EEC ) NO 2772/75 AND ARTICLE 5 OF REGULATION ( EEC ) NO 95/69 IT IS CLEAR THAT THOSE PROVISIONS DO NOT RESERVE TO THE PUBLIC AUTHORITIES THE EXCLUSIVE RIGHT TO AFFIX THE MARKING AND TO PREPARE AND DISTRIBUTE LABELS BUT THAT THEY LEAVE THE MEMBER STATES ENTIRELY AT LIBERTY TO ENTRUST THE ORGANIZATION OF AND THE DETAILED RULES FOR SUPERVISION TO THE AGENCY WHICH THEY REGARD AS BEING THE MOST SUITABLE IN THEIR INTERNAL ORDER TO CARRY OUT THAT TASK .
10THE DISCRETIONARY POWER HELD BY THE MEMBER STATES IN THIS RESPECT BY VIRTUE OF THE AFORESAID PROVISIONS AUTHORIZES THEM TO ENTRUST EXCLUSIVELY TO THE PUBLIC AUTHORITIES THE PREPARATION AND DISTRIBUTION OF BANDS AND LABELS .
11THE FIRST QUESTION SHOULD BE ANSWERED TO THAT EFFECT .
12THE FOLLOWING SECOND QUESTION IS ASKED :
' ' MUST THE SAID REGULATIONS BE INTERPRETED TO MEAN THAT THE MEMBER STATES MAY MAKE THE ISSUE OF BANDS AND LABELS CONDITIONAL ON PAYMENT OF A CONSIDERATION FAR IN EXCESS OF THE COST OF SUCH BANDS AND LABELS?
' '
13THAT QUESTION MAY BE DIVIDED INTO TWO PARTS , THE FIRST ASKING WHETHER THE REGULATIONS AUTHORIZE THE MEMBER STATES TO MAKE THE ISSUE OF BANDS AND LABELS CONDITIONAL ON PAYMENT OF A CONSIDERATION , THE SECOND , IF THAT IS THE CASE , RAISING THE PROBLEM OF THE VALIDITY OF THAT CONSIDERATION IF THE AMOUNT IS FAR IN EXCESS OF THE COST OF SUCH BANDS AND LABELS .
14WHILST THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN EGGS AND ON MARKETING STANDARDS FOR EGGS CONTAIN DETAILED RULES RELATING TO GRADING BY QUALITY AND WEIGHT , PACKING , WAREHOUSING , TRANSPORT , PRESENTATION AND MARKING OF EGGS THEY CONTAIN NO PROVISION RELATING TO THE SELLING PRICE OF LABELS OR THE METHOD OF FINANCING THE ADMINISTRATE COSTS INHERENT IN THE SUPERVISION .
15AS THE REGULATIONS NEITHER OBLIGE MEMBER STATES TO DISTRIBUTE THE LABELS TO USERS FREE OF CHARGE NOR PROHIBIT THEM FROM REQUIRING A CONSIDERATION FOR THE ISSUE OF BANDS , IT MUST BE CONCLUDED THAT THEY LEAVE THE MEMBER STATES FREE TO RESOLVE THE PROBLEM OF FINANCING THE SUPERVISION .
16THAT FREEDOM ALLOWED TO THE MEMBER STATES CANNOT , HOWEVER , BE USED IN SUCH A WAY AS TO JEOPARDIZE THE OBJECTIVE OF THE RULES WHICH GRANT IT .
17ARTICLE 4 OF ITALIAN LAW NO 419 PROVIDES THAT : ' ' THE REVENUE FROM THE SALE OF LABELS SHALL SERVE TO FINANCE THE CHECKS SPECIFIED FOR THE APPLICATION OF THE PRESENT LAW ' ' .
18THE ITALIAN STATE HAS THUS CHOSEN AS THE MEANS OF FINANCING THE SYSTEM THE SALE OF THE LABELS WHOSE PRICE REPRESENTS BOTH THE INTRINSIC COST ( MANUFACTURE AND DISTRIBUTION ) OF THE LABELS AND A CONTRIBUTION TO THE ADMINISTRATIVE COSTS RESULTING FROM THE CARRYING OUT OF THE SUPERVISION REQUIRED BY THE COMMUNITY RULES .
19THE SALE OF THE LABELS IS THUS DIRECTLY LINKED TO THE INTRODUCTION OF THE COMMUNITY SYSTEM