ARTICLE 1 ( 3 ) OF REGULATION NO 974/71 .
17 IN THIS INSTANCE THE COMMUNITY TARIFF QUOTA IN QUESTION WAS NOT ALLOCATED BETWEEN THE MEMBER STATES . THERE WERE THEREFORE GROUNDS FOR FEARING THAT IMPORTS FROM NON-MEMBER COUNTRIES WOULD BE MADE EXCLUSIVELY IN THE MEMBER STATES WITH THE STRONGEST CURRENCIES , IN PARTICULAR GERMANY . IMPORTERS CARRYING OUT THE OPERATION WOULD THEN HAVE BEEN ABLE TO SELL THE PRODUCTS AT A PROFIT IN A MEMBER STATE WITH A WEAK CURRENCY BY VIRTUE OF THE FACT THAT , IN THE EVENT OF DELIVERY IN THAT STATE , THEY WOULD HAVE RECEIVED THE NEGATIVE MONETARY COMPENSATORY AMOUNTS APPLICABLE FOR MEMBER STATES WITH WEAK CURRENCIES WITHOUT IN ANY WAY INFRINGING THE COMMUNITY RULES .
18 THE COMMISSION HAS FURTHER INDICATED THAT ACCORDING TO ITS CALCULATIONS COMMUNITY PRODUCERS PRODUCE ANNUALLY SOME 50 000 TONNES OF HIGH-QUALITY BEEF AND VEAL COMPARABLE TO THAT IMPORTED UNDER THE TARIFF QUOTA . IN ADDITION IT HAS SUPPLIED STATISTICS SHOWING THAT THERE WERE IMPORTS OF HIGH-QUALITY BEEF AND VEAL COVERED BY THE TARIFF QUOTA IN QUESTION INTO MOST OF THE MEMBER STATES , THUS SHOWING THAT THERE WAS A DEMAND FOR THAT PRODUCT ALMOST EVERYWHERE IN THE COMMUNITY .
19 THOSE CONSIDERATIONS , TOGETHER WITH THE CALCULATIONS AND STATISTICS JUST MENTIONED , JUSTIFY THE CONCLUSION THAT THE PLACING ON THE COMMUNITY MARKET FREE OF MONETARY COMPENSATORY AMOUNTS OF 21 000 TONNES OF MEAT IMPORTED UNDER THE TARIFF QUOTA MIGHT HAVE HAD REPERCUSSIONS ON THAT MARKET . IT WAS NOT UNREASONABLE TO SUPPOSE THAT TRADERS MIGHT DIVERT THE FLOW OF IMPORTS OF THE MEAT IN QUESTION INTO THE COMMUNITY BY IMPORTING IT THROUGH A MEMBER STATE WITH A STRONG CURRENCY , IN PARTICULAR GERMANY , WHICH WOULD HAVE PROVOKED DISTURBANCES IN INTRA-COMMUNITY TRADE AND JEOPARDIZED THE SYSTEM OF INTERVENTION LAID DOWN FOR BEEF AND VEAL BY COUNCIL REGULATION NO 805/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 187 ).
20 IN ALLEGING THAT THE MONETARY COMPENSATORY AMOUNTS HAD AN ADDITIONAL PROTECTIVE EFFECT , MALT HAS CHALLENGED ONLY THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS TO THE IMPORTS AT ISSUE IN THIS CASE . IN VIEW OF THE FACT THAT THE COMPENSATORY AMOUNTS AT ISSUE HAVE THE SAME REGULATORY FUNCTION IN INTRA-COMMUNITY TRADE AS IN TRADE WITH NON-MEMBER COUNTRIES , THE ALLEGATION THAT THE MONETARY COMPENSATORY AMOUNTS HAVE AN ADDITIONAL PROTECTIVE EFFECT CANNOT BE ACCEPTED .
21 WITH REGARD TO THE CONTENTION THAT MONETARY COMPENSATORY AMOUNTS MAY NOT BE APPLIED TO THE QUOTA IN QUESTION BECAUSE IMPORTS UNDER THE TARIFF QUOTA OPENED BY COUNCIL REGULATION NO 136/82 ARE EXEMPT FROM MONETARY COMPENSATORY AMOUNTS BY VIRTUE OF NOTE 2 TO PART 3 OF ANNEX I TO COMMISSION REGULATION NO 481/82 , ON ACCOUNT OF THE SPECIAL NATURE OF THAT TRADE , IT MUST BE POINTED OUT FIRST OF ALL THAT THE COURT HAS CONSISTENTLY HELD THAT THERE EXISTS NO GENERAL PRINCIPLE