ALL CONTRACTS , WERE AGREEMENTS BETWEEN UNDERTAKINGS WHICH WERE INTENDED TO RESTRICT OR DISTORT COMPETITION WITHIN THE COMMON MARKET AND WHICH AFFECTED TRADE BETWEEN MEMBER STATES . THE UNITED KINGDOM POLICY THUS AUTHORIZES AND EVEN REQUIRES OIL COMPANIES TO INFRINGE ARTICLE 85 OF THE TREATY , CONTRARY TO ARTICLES 3 ( F ), 5 AND 85 OF THE TREATY .
44 AS HAS JUST BEEN STATED , A MEASURE SUCH AS THAT IN QUESTION WHICH IS SPECIFICALLY DIRECTED AT EXPORTS OF OIL TO A NON-MEMBER COUNTRY IS NOT IN ITSELF LIKELY TO RESTRICT OR DISTORT COMPETITION WITHIN THE COMMON MARKET . IT CANNOT THEREFORE AFFECT TRADE WITHIN THE COMMUNITY AND INFRINGE ARTICLES 3 ( F ), 5 AND 85 OF THE TREATY .
45 THE ANSWER TO THE FIRST PART OF THE QUESTION MUST THEREFORE BE THAT ARTICLES 34 AND 85 OF THE TREATY , UPON THEIR TRUE CONSTRUCTION , DO NOT PREVENT A MEMBER STATE FROM ADOPTING A POLICY RESTRICTING OR PROHIBITING EXPORTS OF OIL TO A NON-MEMBER COUNTRY ON THE BASIS OF ARTICLE 10 OF REGULATION NO 2603/69 .
THE OBLIGATION TO PROVIDE INFORMATION , TO GIVE NOTICE OR TO SEEK PRIOR APPROVAL
46 BULK ARGUES FIRST OF ALL THAT TITLE II OF REGULATION NO 2603/69 , ENTITLED ' COMMUNITY INFORMATION AND CONSULTATION PROCEDURE ' , AND TITLE III OF THE REGULATION , ENTITLED ' PROTECTIVE MEASURES ' , REQUIRED THE UNITED KINGDOM , UNDER ARTICLES 4 , 6 , 7 AND 8 OF THE REGULATION IN PARTICULAR , WHICH SHOULD BE READ IN CONJUNCTION WITH ARTICLE 113 OF THE TREATY , TO INFORM THE COMMUNITY AUTHORITIES AND OBTAIN THEIR CONSENT BEFORE IMPLEMENTING THE POLICY IN QUESTION .
47 SECONDLY , WITH REGARD TO THE MEMBER STATES ' OBLIGATION TO GIVE PRIOR NOTICE , BULK REFERS TO THE JUDGMENTS OF THE COURT ON FISHERIES QUESTIONS , IN PARTICULAR THE JUDGMENTS OF 4 OCTOBER 1979 ( CASE 141/78 , FRANCE V UNITED KINGDOM , ( 1979 ) ECR 2923 ), 10 JULY 1980 ( CASE 32/79 , COMMISSION V UNITED KINGDOM , ( 1980 ) ECR 2403 ) AND 5 MAY 1981 ( CASE 804/79 , COMMISSION V UNITED KINGDOM , ( 1981 ) ECR 1045 ). IT POINTS OUT THAT ON 6 JULY 1981 THE COMMISSION HAD SUBMITTED TO THE COUNCIL A PROPOSAL FOR AN AMENDMENT TO REGULATION NO 2603/69 DELETING CRUDE OIL FROM THE ANNEX TO THAT REGULATION , EXCEPT IN THE CASE OF FRANCE . IT FOLLOWS BY ANALOGY THAT DURING A PERIOD WHEN THE COUNCIL WAS IN THE COURSE OF FORMULATING A COMMON POLICY IN A FIELD RESERVED BY THE TREATY TO THE COMMUNITY , THE UNITED KINGDOM COULD NOT IMPLEMENT A UNILATERAL MEASURE WITHOUT FIRST CONSULTING THE COMMISSION . ONLY THE COMMISSION , UNDER ARTICLES 5 AND 155 OF THE TREATY , HAD THE POWER TO AUTHORIZE THAT MEASURE OR TO RAISE OBJECTIONS OR RESERVATIONS WITH WHICH THE UNITED KINGDOM WOULD HAVE BEEN OBLIGED TO COMPLY .
48 THIRDLY , BULK ARGUES THAT ARTICLE