THOSE PRODUCTS OF THE RULES RELATING TO AIDS . ONLY IF THE PARTICULAR CONDITIONS SPECIFIED IN ARTICLE 37 ARE SATISFIED MAY THE COMMISSION ACT AGAINST NATIONAL AIDS AFFECTING COMPETITION WITHIN THE COMMUNITY .
14 IT FOLLOWS FROM THE FOREGOING THAT , SO LONG AS AN AGRICULTURAL PRODUCT HAS NOT BEEN MADE SUBJECT TO A COMMON ORGANIZATION OF THE MARKET , ARTICLE 46 CONSTITUTES FOR THE COMMISSION A USEFUL INSTRUMENT WHICH ALLOWS IT TO ADOPT IMMEDIATE SAFEGUARDS AGAINST DISTORTIONS OF COMPETITION CREATED BY A MEMBER STATE . THE INTRODUCTION OF A COUNTERVAILING CHARGE PURSUANT TO THAT ARTICLE THUS FACILITATES THE ACHIEVEMENT - BY THE MAINTENANCE OF NORMAL TRADE PATTERNS IN THE EXCEPTIONAL AND TEMPORARY CIRCUMSTANCES WHICH JUSTIFY THE MEASURE - OF THE AIMS OF ARTICLE 39 OF THE TREATY , WHICH SEEKS INTER ALIA TO STABILIZE THE MARKETS AND TO ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL POPULATION CONCERNED .
15 MOREOVER , ALTHOUGH SUCH A COUNTERVAILING CHARGE APPEARS TO BE AN IMPEDIMENT TO INTRA-COMMUNITY TRADE , IT CANNOT BE COMPARED TO A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY . IT IS A CHARGE IMPOSED IN THE GENERAL INTEREST , THE AMOUNT OF WHICH IS FIXED BY THE COMMISSION AND NOT UNILATERALLY BY A MEMBER STATE . IT ENABLES PRODUCTS FROM STATES WHERE AIDS ARE GRANTED TO BE EXPORTED TO OTHER MEMBER STATES WITHOUT DISTURBING THEIR MARKETS AND THUS PREVENTS ARTIFICIAL DIFFERENCES BETWEEN PRICES IN THE EXPORTING MEMBER STATE AND THOSE IN THE IMPORTING MEMBER STATE , RESULTING FROM DISPARITIES IN THE NATIONAL MARKETS BEFORE THE ESTABLISHMENT OF A COMMON ORGANIZATION , FROM CREATING IMBALANCES IN TRADE . IN EACH CASE IT IS FOR THE COMMISSION TO ENSURE THAT THE DURATION AND THE AMOUNT OF THE CHARGE REMAIN WITHIN THE LIMITS CIRCUMSCRIBED BY THE NEED TO RE-ESTABLISH EQUILIBRIUM .
16 FINALLY , IT FOLLOWS FROM THE REASONS SET OUT ABOVE THAT ARTICLE 46 IS NOT DEPRIVED OF ITS RAISON D ' ETRE , EVEN IF OTHER PROVISIONS OF THE TREATY SERVE TO MITIGATE THE EFFECTS OF DISTORTIONS OF COMPETITION THUS CREATED . ON THE CONTRARY , IN SO FAR AS A COMMON ORGANIZATION OF THE MARKETS CREATING HARMONIOUS CONDITIONS OF COMPETITION HAS NOT BEEN ESTABLISHED , ARTICLE 46 MAKES IT POSSIBLE TO COUNTER , WITH THE UTMOST ALACRITY , THE IMBALANCES CAUSED BY CERTAIN NATIONAL SUPPORT MEASURES . SUCH A MECHANISM IS RENDERED NECESSARY SOLELY BY THE DISTURBANCE OF COMPETITION CAUSED BY A MEMBER STATE , REGARDLESS OF THE VIEW THAT MAY BE TAKEN OF THE LEGALITY OF THE NATIONAL MEASURES WHICH CREATE THAT DISTURBANCE . IT IS THEREFORE THE TASK OF THE COMMISSION , SUBJECT TO THE REVIEW OF THE COURT , TO ASSESS SOLELY , ACCORDING TO THE TERMS OF ARTICLE 46 , WHETHER THE RULES OF A MEMBER STATE AFFECT THE COMPETITIVE POSITION OF THE PRODUCTS OF ANOTHER MEMBER STATE AND THEREFORE JUSTIFY THE IMPOSITION OF A COUNTERVAILING CHARGE .
17 IT ALSO FOLLOWS THAT , CONTRARY TO THE COMMISSION ' S VIEW