RELATING TO THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT .
43IN THIS RESPECT IT MUST BE POINTED OUT , IN ADDITION TO WHAT HAS BEEN STATED ABOVE ON THE SUBJECT OF ARTICLE 37 , THAT ARTICLE 90 ( 1 ) PROVIDES EXPRESSLY THAT THE MEMBER STATES , AS REGARDS THE UNDERTAKINGS IN QUESTION , ' ' SHALL NEITHER ENACT NOR MAINTAIN IN FORCE ANY MEASURE CONTRARY TO THE RULES CONTAINED IN THIS TREATY ' ' .
44THE CLASSIFICATION OF THE BOARD AS AN UNDERTAKING HAVING SPECIAL OR EXCLUSIVE RIGHTS WITHIN THE MEANING OF ARTICLE 90 WOULD NOT THEREFORE HAVE THE EFFECT OF EXEMPTING ITS ACTIVITIES FROM THE PROVISIONS OF COMMUNITY LAW OR IN PARTICULAR FROM THOSE RELATING TO THE FREE MOVEMENT OF GOODS AND THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKET .
45FINALLY THE QUESTION HAS BEEN RAISED WHETHER THE ACTIVITIES OF THE BOARD MAY BE RECOGNIZED AS A SPECIAL SCHEME INASMUCH AS THE PIGS MARKETING SCHEME CONSTITUTES A ' ' NATIONAL MARKET ORGANIZATION ' ' .
46IN THE PROCEEDINGS BEFORE THE RESIDENT MAGISTRATE , THIS CONCEPT SEEMS TO HAVE BEEN DRAWN PARTICULARLY FROM ARTICLE 2 OF REGULATION NO 26 APPLYING CERTAIN RULES OF COMPETITION TO PRODUCTION OF AND TRADE IN AGRICULTURAL PRODUCTS .
47AS THE COURT HAD OCCASION TO EMPHASIZE IN ITS JUDGMENT OF 10 DECEMBER 1974 IN CASE 48/74 , CHARMASSON (( 1974 ) ECR 1383 ), NATIONAL MARKET ORGANIZATIONS WERE ONLY ACCEPTED PROVISIONALLY AND THE INTENTION IS TO REPLACE THEM , IN ACCORDANCE WITH ARTICLE 43 ( 3 ), BY THE INSTITUTION OF COMMON ORGANIZATIONS OF THE MARKET .
48EXCEPT FOR THE PRODUCTS IN RESPECT OF WHICH THERE IS A RESERVATION UNDER ARTICLE 60 ( 2 ) OF THE ACT OF ACCESSION , THIS REPLACEMENT TOOK EFFECT FOR THE UNITED KINGDOM BY VIRTUE OF THE SAME ACT ON 1 FEBRUARY 1973 , AS HAS BEEN INDICATED ABOVE .
49AS REGARDS THE REFERENCE TO NATIONAL MARKET ORGANIZATIONS IN REGULATION NO 26 , IT SHOULD BE POINTED OUT THAT THE PROVISIONS OF THAT REGULATION , WHICH IS DATED 4 APRIL 1962 , TAKE ACCOUNT OF THE CONDITIONS PREVAILING DURING THE TRANSITIONAL PERIOD AND THAT IN THE FIFTH RECITAL IN THE PREAMBLE TO THAT REGULATION THE POSITION AS REGARDS THE SUBSEQUENT DEVELOPMENT OF A COMMON AGRICULTURAL POLICY IS FULLY SAFEGUARDED .
50ACCORDINGLY THE QUESTION WHETHER THE PIGS MARKETING SCHEME ( NORTHERN IRELAND ) MIGHT BE CLASSIFIED AS A ' ' NATIONAL MARKET ORGANIZATION ' ' IS EQUALLY IRRELEVANT .
THE POSITION OF THE PIGS MARKETING SCHEME VIS-A-VIS THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT
51IT FOLLOWS FROM THE FOREGOING THAT THE DECISIVE QUESTIONS FOR THE SOLUTION OF THE CASE BEFORE THE RESIDENT MAGISTRATE CONCERN THE COMPATIBILITY WITH THE PROVISIONS RELATING TO THE FREE MOVEMENT OF GOODS AND THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT OF A MARKET SYSTEM LAID DOWN BY THE LEGISLATION OF A MEMBER STATE AND MANAGED BY A BODY WHICH HAS POWER , THANKS TO THE COMPULSORY POWERS VESTED IN IT , TO CONTROL