PACKAGES OF DOMESTIC PRODUCTS OF THE NET MINIMUM WEIGHT AND THE NUMBER OF UNITS OR BUNDLES .
7 THE ONLY ISSUE BETWEEN THE PARTIES IS WHETHER THE KINGDOM OF BELGIUM HAD THE POWER TO ADOPT THOSE RULES, WHICH EXTEND TO OTHER PRODUCTS REQUIREMENTS WHICH THE RELEVANT COMMUNITY LEGISLATION LAYS DOWN SOLELY FOR ONIONS, ARTICHOKES, CELERY AND HEADED CABBAGE .
8 AS THE COURT HAS POINTED OUT ON MANY OCCASIONS, MOST RECENTLY IN ITS JUDGMENT OF 26 JUNE 1979 IN CASE 177/78 PIGS AND BACON COMMISSION V MCCARREN AND COMPANY LIMITED (( 1979 )) ECR 2161 AND ITS JUDGMENT OF 7 FEBRUARY 1984 IN CASE 237/83 ( JONGENEEL KAAS BV AND OTHERS V STATE OF THE NETHERLANDS (( 1983 )) ECR 483, ONCE THE COMMUNITY HAS ADOPTED, PURSUANT TO ARTICLE 40 OF THE TREATY, REGULATIONS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURES WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT .
9 THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES IS GOVERNED BY REGULATION NO 1035/72 OF THE COUNCIL, WHICH ESTABLISHED A COMMUNITY SYSTEM OF QUALITY STANDARDS TO WHICH THE PRODUCTS GOVERNED BY THE REGULATION MUST COMPLY . QUALITY STANDARDS ARE ALSO LAID DOWN FOR CERTAIN PRODUCTS IN REGULATION NO 23/62 OF THE COUNCIL AND IN COMMISSION REGULATIONS NOS 58/62, 183/64, 1641/71 AND 778/83 MENTIONED ABOVE . AS IS APPARENT FROM THE PREAMBLE TO REGULATION NO 1035/72, THE PURPOSE OF THAT SYSTEM IN LAYING DOWN COMMON QUALITY STANDARDS IS TO KEEP PRODUCTS OF UNSATISFACTORY QUALITY OFF THE MARKET, TO GUIDE PRODUCTION TO MEET CONSUMERS' REQUIREMENTS AND TO FACILITATE TRADE RELATIONS BASED ON FAIR COMPETITION, THUS HELPING TO IMPROVE THE PROFITABILITY OF PRODUCTION .
10 THE COURT HAS ALREADY HELD, IN ITS JUDGMENT OF 13 DECEMBER 1983 IN CASE 222/82 APPLE AND PEAR DEVELOPMENT COUNCIL V KJ LEWIS LIMITED AND OTHERS (( 1983 )) ECR 4083 AND ITS JUDGMENT OF 25 NOVEMBER 1986 IN CASE 218/85 ASSOCIATION COMITE ECONOMIQUE AGRICOLE REGIONAL FRUITS ET LEGUMES V A . LE CAMPION (( 1986 )) ECR 3513, THAT THE SYSTEM OF COMMON QUALITY STANDARDS IS EXHAUSTIVE .
11 CONSEQUENTLY, THE KINGDOM OF BELGIUM HAD NO POWER TO EXTEND TO OTHER PRODUCTS PACKAGING REQUIREMENTS WHICH, UNDER THE COMMUNITY RULES, APPLY ONLY TO CERTAIN VEGETABLES, NAMELY ONIONS, ARTICHOKES, CELERY AND HEADED CABBAGE . EVEN THOUGH THOSE ADDITIONAL REQUIREMENTS CONCERN ONLY DOMESTIC PRODUCTS, THEY UNDERMINE THE COMMON NATURE OF THE QUALITY STANDARDS WHICH APPLY UNIFORMLY TO ALL PRODUCTS IN THE COMMUNITY .
12 IT MUST THEREFORE BE HELD THAT BY ADOPTING AND MAINTAINING IN FORCE, IN ARTICLE 7 ( 3 ) OF THE ROYAL DECREE OF 26 NOVEMBER 1982 ON THE MARKETING OF VEGETABLES AND FRUIT, AS AMENDED BY THE ROYAL DECREE OF 12 JANUARY 1987, PROVISIONS REQUIRING THE MINIMUM NET WEIGHT AND THE NUMBER OF UNITS OR BUNDLES TO BE INDICATED ON BULK PACKAGES OF PRODUCTS GROWN IN BELGIUM, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS