ACCOUNT OF THE DIFFERENCES IN THE CONDITIONS OF COMPETITION IN THE OTHER MEMBER STATES WHICH SHOULD HAVE LED IT TO COME TO THE SAME CONCLUSIONS WITH REGARD TO THE LATTER AS IT CAME TO IN THE CASE OF THE THREE COUNTRIES REFERRED TO ABOVE .
41IN FACT THREE SUBSTANTIALLY DIFFERENT SYSTEMS OF CUSTOMS DUTY APPLY IN THE MEMBER STATES CONCERNED : A ZERO TARIFF IN GERMANY COVERING A BANANA QUOTA WHICH MEETS MOST OF THIS COUNTRY ' S REQUIREMENTS , A TRANSITIONAL TARIFF IN IRELAND AND DENMARK AND THE COMMON CUSTOMS TARIFF OF 20% FOR IMPORTS INTO BENELUX .
42THE COMMISSION HAS NOT EITHER TAKEN ACCOUNT OF THE CONSUMER HABITS OF THE MEMBER STATES CONCERNED THE ANNUAL CONSUMPTION OF FRESH FRUITS PER CAPITA IN GERMANY IS EQUAL TO 2.5 TIMES THAT OF IRELAND AND TWICE THAT OF DENMARK ), DIFFERING COMMERCIAL PATTERNS , CONCENTRATIONS AND MONETARY POINTS OF VIEW .
43THE APPLICANT DRAWS THE CONCLUSION FROM ALL THESE FINDINGS THAT THE GEOGRAPHIC MARKET TAKEN BY THE COMMISSION INCLUDES AREAS IN WHICH THE CONDITIONS OF COMPETITION ARE SO DIFFERENT THAT THEY CANNOT BE CONSIDERED AS CONSTITUTING A SINGLE MARKET .
44THE CONDITIONS FOR THE APPLICATION OF ARTICLE 86 TO AN UNDERTAKING IN A DOMINANT POSITION PRESUPPOSE THE CLEAR DELIMITATION OF THE SUBSTANTIAL PART OF THE COMMON MARKET IN WHICH IT MAY BE ABLE TO ENGAGE IN ABUSES WHICH HINDER EFFECTIVE COMPETITION AND THIS IS AN AREA WHERE THE OBJECTIVE CONDITIONS OF COMPETITION APPLYING TO THE PRODUCT IN QUESTION MUST BE THE SAME FOR ALL TRADERS .
45THE COMMUNITY HAS NOT ESTABLISHED A COMMON ORGANIZATION OF THE AGRICULTURAL MARKET IN BANANAS .
46CONSEQUENTLY IMPORT ARRANGEMENTS VARY CONSIDERABLY FROM ONE MEMBER STATE TO ANOTHER AND REFLECT A SPECIFIC COMMERCIAL POLICY PECULIAR TO THE STATES CONCERNED .
47THIS EXPLAINS WHY FOR EXAMPLE THE FRENCH MARKET OWING TO ITS NATIONAL ORGANIZATION IS RESTRICTED UPSTREAM BY A PARTICULAR IMPORT ARRANGEMENT AND OBSTRUCTED DOWNSTREAM BY A RETAIL PRICE MONITORED BY THE ADMINISTRATION .
48THIS MARKET , IN ADDITION TO ADOPTING CERTAIN MEASURES RELATING TO A ' ' TARGET PRICE ' ' ( ' ' PRIX OBJECTIF ' ' ) FIXED EACH YEAR AND TO PACKAGING AND GRADING STANDARDS AND THE MINIMUM QUALITIES REQUIRED , RESERVES ABOUT TWO THIRDS OF THE MARKET FOR THE PRODUCTION OF THE OVERSEAS DEPARTMENTS AND ONE THIRD TO THAT OF CERTAIN COUNTRIES ENJOYING PREFERENTIAL RELATIONS WITH FRANCE ( IVORY COAST , MADAGASCAR , CAMEROON ) THE BANANAS WHEREOF ARE IMPORTED DUTY- FREE , AND IT INCLUDES A SYSTEM THE RUNNING OF WHICH IS ENTRUSTED TO THE ' ' COMITE INTERPROFESSIONNEL BANANIER ' ' ( ' ' C.I.B . ' ' ).
49THE UNITED KINGDOM MARKET ENJOYS ' ' COMMONWEALTH PREFERENCES ' ' , A SYSTEM OF WHICH THE MAIN FEATURE IS THE MAINTENANCE OF A LEVEL OF PRODUCTION FAVOURING THE DEVELOPING COUNTRIES OF THE COMMONWEALTH AND OF A PRICE PAID TO THE ASSOCIATIONS OF PRODUCERS DIRECTLY LINKED TO THE SELLING PRICE OF THE GREEN BANANA CHARGED IN THE UNITED KINGDOM .
50ON THE