PRESENT TIME , HAS NOT EXERCISED THE POWERS CONFERRED UPON IT FOR THIS PURPOSE .
9 IN ORDER TO REMEDY THE SURPLUS ON THE POULTRYMEAT MARKET AND THE APPRECIABLE FALL IN PRICES WHICH WERE RECORDED IN 1974 THE COUNCIL GRANTED A FINANCIAL AID FOR PUBLICITY CAMPAIGNS TO PROMOTE THE CONSUMPTION OF POULTRYMEAT PRODUCTS WHILST THE COMMISSION ENCOURAGED EXPORT BY INCREASING REFUNDS AND ALSO SUGGESTED THAT THE PRODUCERS IN THE VARIOUS MEMBER STATES SHOULD TAKE ACTION TO LIMIT VOLUNTARILY THE PRODUCTION OF POULTRY FOR SLAUGHTER .
10 ACCORDING TO THE STATEMENTS OF THE COMMISSION IN THE COURSE OF THE ORAL PROCEDURE CONCERTED ACTION AMONGST UNDERTAKINGS , WHICH IN CERTAIN CASES , MOREOVER , WAS ENCOURAGED BY STATE AIDS LED BY METHODS WHICH VARIED FROM ONE STATE TO ANOTHER TO A FALL IN PRODUCTION OF APPROXIMATELY 10 % IN RELATION TO 1973 WHICH , ACCORDING TO THE REPORT OF THE COMMISSION ON THE AGRICULTURAL SITUATION FOR 1974 , WAS IN ACCORDANCE WITH THE AIM IN VIEW .
11 SINCE IT HAD APPARENTLY NOT BEEN POSSIBLE TO ARRANGE THIS VOLUNTARY ACTION AMONGST PRODUCERS IN THE NETHERLANDS , THE PRODUKTSCHAP , THE TRADE ORGANIZATION IN THIS SECTOR , WITH THE CONCURRENCE OF THE NETHERLANDS MINISTER OF AGRICULTURE , ADOPTED A MEASURE LIMITING THE SLAUGHTER OF POULTRY BY FIXING FOR THE SECOND HALF OF 1974 QUOTAS CALCULATED ON THE AMOUNT OF POULTRY SLAUGHTERED DURING A REFERENCE PERIOD .
12 THE QUESTION SUBMITTED CALLS FOR A DECISION WHETHER , TAKING ACCOUNT OF THE ENCOURAGEMENT BY THE COMMUNITY AUTHORITIES TO REDUCE PRODUCTION IN ORDER TO COUNTER THE FALL IN PRICES , THE NATIONAL MEASURE IN DISPUTE MUST BE CONSIDERED AS INCOMPATIBLE WITH THE PROVISIONS OF COMMUNITY LAW CITED BY THE NATIONAL COURT .
13 ONCE THE COMMUNITY HAS , PURSUANT TO ARTICLE 40 OF THE TREATY , LEGISLATED FOR THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR , MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT .
14 IN ITS COMMUNICATION OF 23 JANUARY 1967 TO THE COUNCIL ( DOC./CEE/SEC ( 67 ) 115 FINAL ) THE COMMISSION JUSTIFIED THE ABSENCE OF ALL MEASURES OF INTERVENTION FROM ITS PROPOSAL FOR A REGULATION ON THE ORGANIZATION OF THE MARKET IN POULTRYMEAT BY THE CONSIDERATION THAT , BECAUSE OF THE NATURE OF THE PRODUCTION IN THIS SECTOR AND OF THE STRUCTURE AND MARKETING OF SUCH PRODUCTION , TOGETHER WITH THE LARGE PART PLAYED BY VARIABLE ELEMENTS IN THE PRODUCTION COSTS , ' INTERVENTION ON THE MARKET IN EGGS AND POULTRYMEAT IS NOT DESIRABLE ' .
15 IN THE SAME DOCUMENT THE COMMISSION ALSO OBSERVED THAT THE RAPID ADAPTATION OF THE VOLUME OF PRODUCTION TO DEMAND WHICH , IT MAINTAINED , IS CHARACTERISTIC OF THE MARKET IN POULTRYMEAT MEANS THAT ' BEFORE THE INTERVENTION MACHINERY INTENDED TO WITHDRAW FROM THE MARKET A CERTAIN QUANTITY OF GOODS CAN BRING ABOUT POSITIVE RESULTS , FORCES PERTAINING TO THE PRODUCTION PROCESS ITSELF ARE ALREADY IN OPERATION