ANY RESERVATION WHEREBY ITS OPERATION DEPENDS ON A POSITIVE MEASURE OF NATIONAL LAW OR ON AN INTERVENTION BY THE INSTITUTIONS OF THE COMMUNITY . THE PROHIBITION IN ARTICLE 31 OF ITS VERY NATURE LENDS ITSELF PERFECTLY TO PRODUCING DIRECT EFFECTS ON THE LEGAL RELATIONSHIPS BETWEEN MEMBER STATES AND THOSE SUBJECT TO THEIR JURISDICTION . THUS ARTICLE 31 CREATES RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
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( C ) THE FIRST PARAGRAPH OF ARTICLE 32 PROVIDES : ' IN THEIR TRADE WITH ONE ANOTHER MEMBER STATES SHALL REFRAIN FROM MAKING MORE RESTRICTIVE THE QUOTAS AND MEASURES HAVING EQUIVALENT EFFECT EXISTING AT THE DATE OF THE ENTRY INTO FORCE OF THIS TREATY '.
FOR REASONS ANALOGOUS TO THOSE WHICH HAVE JUST BEEN SET OUT AS REGARDS ARTICLE 31, THIS PROVISION LENDS ITSELF OF ITS VERY NATURE TO PRODUCING IDENTICAL EFFECTS ON THE LEGAL RELATIONSHIPS BETWEEN MEMBER STATES AND THOSE SUBJECT TO THEIR JURISDICTION .
( D ) THE PROVISIONS OF THE LAST SENTENCE OF ARTICLE 32 AND THOSE OF PARAGRAPH ( 1 ) AND THE FIRST SUBPARAGRAPH OF PARAGRAPH ( 2 ) OF ARTICLE 33 ARE DIRECTED AT THE PROGRESSIVE ABOLITION, DURING THE TRANSITIONAL PERIOD, OF THE QUOTAS AND THE MEASURES HAVING EQUIVALENT EFFECT EXISTING AT THE DATE OF THE ENTRY INTO FORCE OF THE TREATY . THE LAST SENTENCE OF ARTICLE 32 STATES THE PRINCIPLE AND ARTICLE 33 LAYS DOWN RULES FOR ITS APPLICATION . THEREFORE THE ABOVEMENTIONED PROVISIONS SHOULD BE LOOKED AT AS A WHOLE . BY ARTICLE 33(1 ) MEMBER STATES WERE REQUIRED, ONE YEAR AFTER THE ENTRY INTO FORCE OF THE TREATY, TO CONVERT ' ANY BILATERAL QUOTAS OPEN TO ANY OTHER MEMBER STATES INTO GLOBAL QUOTAS OPEN WITHOUT DISCRIMINATION TO ALL OTHER MEMBER STATES '. ARTICLE 33(1 ) ALSO STATES THAT THE MEMBER STATES MUST PROGRESSIVELY INCREASE THE AGGREGATE OF THE GLOBAL QUOTAS AT GIVEN DATES AND AT A SPECIFIED RATE . FINALLY THE FIRST PARAGRAPH OF ARTICLE 33(2 ) SPECIFIES, IN ACCORDANCE WITH ANALOGOUS CRITERIA, THE RATE AT WHICH THE QUOTA FOR ' A PRODUCT WHICH HAS NOT BEEN LIBERALIZED ' AND FOR WHICH ' THE GLOBAL QUOTA DOES NOT AMOUNT TO 3 PER CENT OF THE NATIONAL PRODUCTION OF THE STATE CONCERNED ' IS TO BE RAISED .
THESE PROVISIONS LAY DOWN OBLIGATIONS WHICH ARE NOT SUBJECT, EITHER AS REGARDS THEIR EXECUTION OR THEIR EFFECTS, TO THE ADOPTION OF ANY MEASURE OF THE INSTITUTIONS OF THE COMMUNITY . HOWEVER, SINCE THEY CONSIST OF POSITIVE OBLIGATIONS, CONSIDERATION SHOULD BE GIVEN TO THE QUESTION WHETHER THE MEMBER STATES MAY IN PERFORMING THEM EXERCISE ANY DISCRETION SUCH AS TO EXCLUDE THE ABOVEMENTIONED EFFECTS WHOLLY OR IN PART . SOME DISCRETION DOES FALL TO BE EXERCISED BY THE MEMBER STATES FROM THE OBLIGATION TO ' CONVERT ANY BILATERAL QUOTAS...INTO GLOBAL QUOTAS ' AND FROM THE CONCEPTS OF ' TOTAL VALUE ' AND ' NATIONAL PRODUCTION '. IN FACT, SINCE THE TREATY GIVES NO INDICATION AS TO THE DATA ON WHICH THESE FIGURES MUST BE CALCULATED OR