OF PIGMEAT IN THE FORM OF BACON , A MARKET ORGANIZATION MANAGED AS FROM 1939 BY A PUBLIC BODY , THE PBC , COMPOSED OF REPRESENTATIVES OF THE GOVERNMENT AND OF THE TRADES INTERESTED , AND ENDOWED BY LAW WITH EXTENSIVE POWERS FOR CONTROLLING , AS A CENTRAL MARKETING AGENCY , THE WHOLE OF THE SECTOR IN QUESTION . IN ORDER TO FINANCE ITS ACTIVITIES THE PBC HAD THE STATUTORY RIGHT TO CHARGE A LEVY ON PIG CARCASSES INTENDED FOR THE MANUFACTURE OF BACON . THIS LEVY WAS USED ON THE ONE HAND FOR FINANCING THE PBC ' S GENERAL ACTIVITIES INTENDED TO IMPROVE THE PRODUCTION AND MARKETING OF BACON AND , ON THE OTHER HAND , FOR THE PAYMENT OF A BONUS - GRANTED IN FACT IN THE FORM OF A REFUND OF A PART OF THE LEVY CHARGED - FOR THE EXPORT , PRINCIPALLY TO THE UNITED KINGDOM , OF HIGH QUALITY BACON .
3 AT THE TIME OF IRELAND ' S ACCESSION TO THE COMMUNITY THE COMPATIBILITY OF THIS SYSTEM WITH COMMUNITY LAW WAS CONSIDERED BY THE IRISH AUTHORITIES AND THE TRADE CIRCLES CONCERNED . IT WAS CONCEDED ON THAT OCCASION THAT THE POWERS AND DUTIES OF THE PBC MIGHT NO LONGER BE IN ALL RESPECTS COMPATIBLE WITH THE REQUIREMENTS OF COMMUNITY LAW . IT WAS UNDERSTOOD IN CONSEQUENCE THAT THE PBC WOULD THENCEFORTH RELINQUISH ITS STATUTORY POWERS AND WOULD CARRY OUT ITS DUTIES IN FUTURE ONLY ON A VOLUNTARY BASIS , WHICH WAS ACCEPTED BY ALL THE REPRESENTATIVES OF THE TRADES CONCERNED .
4 HOWEVER , THERE WAS ONE EXCEPTION TO THE VOLUNTARY NATURE OF THE ACTIVITIES OF THE PBC FROM THEN ON : THE PBC STILL HAS THE STATUTORY RIGHT TO CHARGE THE LEVY INTENDED TO FINANCE ITS VARIOUS ACTIVITIES AND IT ALSO CONTINUES TO PAY A BONUS FOR THE EXPORT OF HIGH QUALITY BACON , IT BEING UNDERSTOOD THAT THE BONUS IS PAYABLE ONLY TO THOSE OF THE PRODUCERS WHO EFFECT THEIR EXPORTS THROUGH THE INTERMEDIARY OF THE PBC ACTING AS A CENTRAL MARKETING AGENCY . IT IS COMMON GROUND THAT THE RESULT OF THIS IS THAT ALL PRODUCERS OF CARCASSES INTENDED FOR MANUFACTURE INTO BACON ARE COMPELLED TO PAY THE LEVY BUT ONLY THOSE WHO USE THE PBC AS THEIR INTERMEDIARY RECEIVE THE EXPORT BONUS . THIS ACTION ESSENTIALLY CONCERNS THE FUNCTIONING OF THIS LEVY/BONUS SCHEME WHICH , ACCORDING TO THE INFORMATION SUPPLIED BY THE NATIONAL COURT , FORMS A DISTINCT ELEMENT IN THE WHOLE OF THE PBC ' S ACTIVITIES .
5 IT APPEARS FROM THE FILE THAT IN THE BEGINNING THE DEFENDANT IN THE MAIN ACTION TOOK PART IN THE ARRANGEMENT MADE IN THE CONDITIONS DESCRIBED ABOVE BETWEEN THE IRISH AUTHORITIES AND THE PRODUCERS . DURING THAT PERIOD IT PAID THE CONTRIBUTION ON THE CARCASSES INTENDED FOR THE PRODUCTION OF BACON AND EXPORTED ITS PRODUCT THROUGH THE INTERMEDIARY OF THE PBC AND DREW THE BONUS . AT A LATER STAGE MCCARREN & CO . FELT THAT IT COULD WITH GREATER ADVANTAGE