OF NATIONAL MEASURES INTENDED TO INFLUENCE THE FORMATION OF PRICES MAY BE PARTICULARLY APPARENT IN THE CASE OF MARKET ORGANIZATIONS COMPRISING A COMMUNITY PRICE FORMATION SYSTEM, IT IS NONE THE LESS TRUE THAT THE VERY EXISTENCE OF A COMMON ORGANIZATION OF THE MARKET IN THE SENSE OF ARTICLE 40 ( 2 ) ( C ) HAS THE EFFECT OF PRECLUDING MEMBER STATES FROM ADOPTING IN THE SECTOR IN QUESTION UNILATERAL MEASURES CAPABLE OF IMPEDING INTRA-COMMUNITY TRADE .
28 ARTICLE 36 OF THE REGULATION, MOREOVER, RESERVES EXPRESSLY TO THE COUNCIL THE POWERS NECESSARY TO ADOPT, IN RESPECT OF THE COMMON ORGANIZATION, ANY PROVISION AMENDING OR DEROGATING FROM THE REGULATION AND INTENDED TO TAKE ACCOUNT OF 'SPECIAL CONDITIONS' WHICH MAY AFFECT BOTH TYPES OF PRODUCT .
29/30 IT MUST BE CONCLUDED THAT IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET - EVEN MORE SO WHEN THIS ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM - MEMBER STATES CAN NO LONGER INTERFERE THROUGH NATIONAL PROVISIONS TAKEN UNILATERALLY IN THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION . IT IS APPARENT, THEREFORE, THAT A NATIONAL SYSTEM WHICH BY FREEZING PRICES AND SUBJECTING THEIR ALTERATION TO ADMINISTRATIVE AUTHORIZATION, HAS THE EFFECT OF MODIFYING THE FORMATION OF PRICES AS PROVIDED FOR IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKET, IS INCOMPATIBLE BOTH WITH THE REGULATIONS IN QUESTION AND WITH THE GENERAL PROVISION OF THE SECOND PARAGRAPH OF ARTICLE 5 OF THE TREATY ACCORDING TO WHICH MEMBER STATES MUST ABSTAIN FROM 'ANY MEASURE WHICH COULD JEOPARDIZE' THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY .
31 SINCE THE POWER TO TAKE THE MEASURES NECESSARY TO COMBAT A RISE IN PRICES ON THE MARKETS IN QUESTION IS RESERVED TO THE COMMUNITY INSTITUTIONS, ANY UNILATERAL MEASURES TAKEN BY MEMBER STATES IN THIS SECTOR CANNOT BE IMPOSED ON PRIVATE PERSONS WHO ARE SUBJECT TO THE COMMUNITY REGULATIONS .
32 THE ONLY WAY COMPATIBLE WITH COMMUNITY LAW OF ENABLING MEMBER STATES TO ATTAIN, IN THE SECTOR COVERED BY A COMMON ORGANIZATION OF THE MARKET, THE OBJECTIVES SOUGHT BY NATIONAL LEGISLATION AND INTENDED TO COMBAT A RISE IN PRICES, IS FOR THOSE STATES TO TAKE, AT THE COMMUNITY LEVEL, THE NECESSARY ACTION FOR THE PURPOSE OF PROMPTING THE COMPETENT COMMUNITY AUTHORITY TO INSTITUTE OR AUTHORIZE MEASURES WHICH ARE CONSISTENT WITH THE REQUIREMENTS OF THE SINGLE MARKET SET UP BY REGULATIONS NOS 120/67 AND 136/66 .
33/34 IN THE MARKET SECTORS UNDER CONSIDERATION, THESE REGULATIONS ENSURE, WITH DIRECT EFFECT IN FAVOUR OF PRIVATE PARTIES, THE FREE MOVEMENT OF GOODS, IN PARTICULAR BY ELIMINATING QUANTITATIVE RESTRICTIONS AND ALL MEASURES HAVING EQUIVALENT EFFECT . IT MUST HOWEVER BE STATED THAT THE PRICE SYSTEM ESTABLISHED BY REGULATIONS NOS 120/67 AND 136/66 IS APPLICABLE SOLELY AT THE PRODUCTION AND WHOLESALE STAGE, WITH THE RESULT THAT THESE PROVISIONS LEAVE MEMBER STATES FREE - WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE TREATY - TO TAKE THE APPROPRIATE MEASURES RELATING TO PRICE FORMATION AT THE RETAIL AND CONSUMPTION STAGES, ON CONDITION THAT THEY