THE COUNCIL OF 18 DECEMBER 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR . BY VIRTUE OF THE CONTESTED PROVISION THE OBLIGATION, LAID DOWN BY ARTICLE 9(1 ), ON THE PART OF THE INTERVENTION AGENCIES DESIGNATED BY THE MEMBER STATES TO BUY IN, SUBJECT TO CERTAIN CONDITIONS, AT THE INTERVENTION PRICE THE QUANTITIES OF RAW OR WHITE BEET OR CANE SUGAR OFFERED TO THEM, TERMINATES ON 31 DECEMBER 1969 . THE DEFENDANT HAS RAISED AN OBJECTION OF INADMISSIBILITY UNDER ARTICLE 91 OF THE RULES OF PROCEDURE, ARGUING THAT THERE IS AT ISSUE NO DECISION WHICH IS OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANT .
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IN ORDER TO DETERMINE WHETHER THE APPLICATION IS ADMISSIBLE, IT IS NECESSARY TO EXAMINE WHETHER THE CONTESTED MEASURE IS A REGULATION OR A DECISION WITHIN THE MEANING OF ARTICLES 173 AND 189 OF THE TREATY . BY VIRTUE OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY THE CRITERION FOR DISTINGUISHING BETWEEN A REGULATION AND A DECISION IS WHETHER THE MEASURE AT ISSUE IS OF ' GENERAL APPLICATION ' OR NOT . THE NATURE OF THE CONTESTED PROVISION MUST THEREFORE BE STUDIED AND IN PARTICULAR THE LEGAL EFFECTS WHICH IT IS INTENDED TO OR DOES ACTUALLY PRODUCE .
HAVING OBSERVED THAT THIS PROVISION IS ADDRESSED TO VARIOUS CLASSES OF PERSONS, NAMELY, THE INTERVENTION AGENCIES, THE OTHER BUYERS AND THE SELLERS, INCLUDING THOSE PRODUCERS WHO MANUFACTURE EXCLUSIVELY RAW BEET SUGAR, THE APPLICANT SAYS THAT IN THE PRESENT CASE, IN ORDER TO DECIDE WHETHER THE MEASURE AT ISSUE IS IN THE NATURE OF A REGULATION OR AN INDIVIDUAL DECISION, IT IS NECESSARY TO EXAMINE SPECIFICALLY WHAT SIGNIFICANCE THE MEASURE HAS FOR THE APPLICANT OR FOR THE CLASS OF PERSONS TO WHICH IT BELONGS . ACCORDING TO THE APPLICANT THE EFFECTS OF THE CONTESTED MEASURE ARE OF DIRECT AND INDIVIDUAL CONCERN TO ' A SPECIFIC CLASS OF PERSONS : THE PRODUCERS OF RAW BEET SUGAR ' BECAUSE THE CONTESTED MEASURE PRODUCES FOR THEM SPECIFIC EFFECTS WHICH ARE DIFFERENT FROM AND MORE BURDENSOME THAN THOSE WHICH IT PRODUCES ON THE OTHER PERSONS TO WHICH IT APPLIES .
THE COMMON ORGANIZATION OF THE MARKET IN SUGAR, ESTABLISHED BY REGULATION NO 1009/67, IS ESSENTIALLY GOVERNED BY MEANS OF PRICE . IN ORDER TO ENSURE THAT THE NECESSARY GUARANTEES IN RESPECT OF EMPLOYMENT AND STANDARDS OF LIVING ARE MAINTAINED FOR COMMUNITY GROWERS OF SUGAR BEET AND SUGAR CANE THIS REGULATION MAKES PROVISION FOR MEASURES TO STABILIZE THE SUGAR MARKET BY PROVIDING FOR THE FIXING OF A TARGET PRICE AND AN INTERVENTION PRICE FOR WHITE SUGAR, AS WELL AS DERIVED INTERVENTION PRICES WHICH TAKE ACCOUNT BOTH OF DIFFERENCES BETWEEN REGIONAL PRICES AND OF THE STAGE OF PROCESSING OF THE PRODUCTS . THE OBLIGATION ON THE PART OF THE INTERVENTION AGENCIES TO BUY IN THE QUANTITIES OFFERED TO THEM IS AN ESSENTIAL CONDITION FOR MAINTAINING A LEVEL OF PRICES CORRESPONDING TO THE INTERVENTION PRICES . THUS, BY REQUIRING THESE AGENCIES TO BUY IN RAW SUGAR BEET UNTIL 31