LAID DOWN BY REGULATION NO 804/68 BUT BY THE ABOVEMENTIONED SPECIAL SYSTEM .
8 THE SECOND QUESTION MUST ACCORDINGLY BE ANSWERED TO THE EFFECT THAT THE SYSTEM APPLICABLE AT THE TIME OF THE FACTS WITH WHICH THE MAIN ACTION IS CONCERNED TO PRODUCTS FALLING WITHIN SUBHEADINGS 04.04 E I ( B ) ( 3 ) AND ( 4 ) OF THE COMMON CUSTOMS TARIFF IN THE CONTEXT OF ARTICLE 14 OF REGULATION NO 804/68 OF THE COUNCIL OF 27 JUNE 1968 CONSTITUTES A ' SPECIAL PROVISION ' WITHIN THE MEANING OF THE SECOND SUBPARAGRAPH OF ARTICLE 14 ( 3 ) AND THE SECOND INDENT OF ARTICLE 14 ( 6 ), AS SUBSEQUENTLY DEFINED BY ARTICLE 8 OF REGULATION NO 823/68 AS AMENDED BY ARTICLE 2 OF REGULATION NO 467/75 OF 27 FEBRUARY 1975 .
9 THE THIRD QUESTION , WHICH ARISES ONLY IN THE EVENT OF THE PRODUCTS IN QUESTION FALLING WITHIN THE GENERAL SYSTEM ESTABLISHED BY REGULATION NO 804/68 , DOES NOT IN CONSEQUENCE CALL FOR AN ANSWER .
THE FIRST AND FOURTH QUESTIONS , RELATING TO THE FIXING OF THE LEVY
10 QUESTION 1 SEEKS , IN SUBSTANCE , A DECISION ON WHETHER THE LEVIES IMPOSED FOR THE 1976/77 MILK YEAR ON THE IMPORTATION OF KASHKAVAL AND CHEESE OF SHEEP ' S MILK SHOULD HAVE BEEN ALIGNED ON THE MOVEMENTS IN THE FREE-AT-FRONTIER PRICES FOR THOSE PRODUCTS . QUESTION 4 ( WHICH ASSUMES THE EXISTENCE OF A SPECIAL PROVISION PURSUANT TO ARTICLE 8 OF REGULATION NO 823/68 ) ASKS AT LETTER ( A ) WHETHER THE FREE-AT-FRONTIER PRICES FOR THE SAID PRODUCTS ARE TO BE FIXED ONLY BY AGREEMENT WITH THE THIRD COUNTRIES CONCERNED OR WHETHER , UNDER ARTICLE 14 OF REGULATION NO 804/68 AND THE SUBSEQUENT REGULATIONS THERETO , THE PLAINTIFF , HAS A RIGHT TO ASK THE COMMISSION TO ALIGN THE PRICES IN QUESTION .
11 ARTICLE 8 OF REGULATION NO 823/68 PROVIDES THAT WHERE , ON IMPORTATION INTO THE COMMUNITY , THE PRICE OF THE PRODUCTS IN QUESTION IS NOT LESS THAN 130 U . A . OR , WHERE APPROPRIATE , 115 U . A . PER 100 KG , AS IS ACCEPTED TO BE THE CASE HERE , THE LEVY PER 100 KG SHALL BE EQUAL ' TO THE THRESHOLD PRICE LESS 130 U . A . ' . ACCORDING TO THE WORDING OF THIS PROVISION , THEREFORE , THE LEVY IS EQUAL TO THE THRESHOLD PRICE ( THAT IS TO SAY , A PRICE DETERMINED , IN ACCORDANCE WITH ARTICLE 4 OF REGULATION NO 804/68 , IN TERMS OF THE TARGET PRICE FOR MILK APPLICABLE WITHIN THE COMMUNITY ) LESS A STANDARD AMOUNT INDICATED BY THE REGULATION . FROM THIS IT FOLLOWS THAT THE LEVIES ON THE PRODUCTS IN QUESTION , DETERMINED UNDER THE ABOVEMENTIONED STANDARD PROCEDURE , ARE FIXED WITHOUT REGARD TO THE FREE-AT-FRONTIER PRICE AND THUS WITHOUT REGARD TO ANY CONSIDERATIONS WHICH INTERESTED THIRD COUNTRIES OR AN IMPORTER COULD PUT FORWARD WITH REGARD TO A PRICE FACTOR EXTRANEOUS TO THE