THE ANNEX TO ITS REJOINDER , WHICH ARE NOT DISPUTED BY MEGGLE , IN THE YEARS WHICH FOLLOWED THE INTRODUCTION OF REPRESENTATIVE RATES THE PRODUCTION OF CASEIN AND CASEINATES IN FACT CONSISTENTLY INCREASED IN THE FEDERAL REPUBLIC OF GERMANY AND IN THE OTHER MEMBER STATES WHICH PRODUCE THOSE PRODUCTS , SO THAT THERE IS NO EVIDENCE TO SUGGEST THAT THE FAILURE TO ADOPT THE MEASURES SOUGHT BY MEGGLE CAUSED , OR COULD CAUSE , A DISRUPTION OF THE MARKET IN MILK .
22 A FURTHER POINT TO BE CONSIDERED IS WHETHER THE INACTION OF THE COMMUNITY INSTITUTIONS IN THE ABOVE-MENTIONED CIRCUMSTANCES CAUSED , OR COULD CAUSE , DEFLECTIONS OF INTRA-COMMUNITY TRADE IN CASEIN AND CASEINATES , AS CONTENDED BY MEGGLE .
23 ON THE BASIS OF THE RELEVANT STATISTICS PRODUCED BY THE COMMISSION IT IS POSSIBLE TO ESTABLISH THAT BETWEEN 1973 AND 1983 TWO OF THE COMMUNITY ' S LEADING PRODUCERS OF CASEIN AND CASEINATES , THE FEDERAL REPUBLIC OF GERMANY , A COUNTRY WITH A STRONG CURRENCY , AND FRANCE , A COUNTRY WITH A WEAK CURRENCY , LOST PART OF THEIR MARKET SHARES ; GERMANY ' S SHARE FELL FROM 25.2% TO 17.1% AND FRANCE ' S FROM 39% TO 31% . ON THE OTHER HAND , THE NETHERLANDS , A COUNTRY WITH A STRONG CURRENCY , AND IRELAND , A COUNTRY WITH A WEAK CURRENCY , INCREASED THEIR MARKET SHARES FROM 18% AND 13% RESPECTIVELY TO 19% . IT IS CLEAR THEREFORE THAT THOSE CHANGES IN MARKET SHARES WERE NOT BROUGHT ABOUT BY THE OPERATION OF THE REPRESENTATIVE RATES SINCE , IF THAT HAD BEEN THE CASE , ALL THE COUNTRIES WITH WEAK CURRENCIES WOULD HAVE BENEFITED AND ALL THE COUNTRIES WITH STRONG CURRENCIES WOULD HAVE BEEN PLACED AT A DISADVANTAGE .
24 NOR DO STATISTICS ON PRODUCTION AND EXPORTS FOR THE SAME PERIOD REVEAL ANY LINK BETWEEN THE REPRESENTATIVE RATES AND THE CHANGES IN THOSE AREAS . IN FACT , THE PRODUCTION OF CASEIN AND CASEINATES IN THE FEDERAL REPUBLIC OF GERMANY INCREASED TO AN EXTENT WHICH IS NEITHER BELOW THE COMMUNITY AVERAGE NOR BELOW THE FIGURE REPORTED FOR FRANCE WHEREAS , IF MARKETS HAD SHRUNK , THIS WOULD HAVE HAD AN ADVERSE EFFECT ON GERMAN PRODUCTION . IT IS ALSO NOTABLE THAT EXPORTS FROM THE FEDERAL REPUBLIC OF GERMANY HAVE INCREASED AND THE FACT THAT THEY ARE MAINLY TO NON-MEMBER COUNTRIES IS IRRELEVANT IN THAT REGARD SINCE THE SYSTEM OF REPRESENTATIVE RATES SHOULD ALSO HAVE AFFECTED THOSE EXPORTS .
25 IT SHOULD ALSO BE BORNE IN MIND THAT , AS APPEARS FROM THE FOURTH RECITAL IN THE PREAMBLE TO COUNCIL REGULATION NO 3033/80 , THE APPLICATION OF THE PROVISIONS OF THAT REGULATION TO CASEIN AND CASEINATES HAS BEEN DEFERRED ON THE GROUND THAT , ' IN ACCORDANCE WITH ARTICLE 11 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC