' , WHICH WOULD RAISE THE PROBLEM OF THE COMPATIBILITY OF SUCH AN ORGANIZATION WITH THE COMMON ORGANIZATION OF THE MARKET EXISTING IN THE SECTOR IN QUESTION .
34AN ANSWER TO THIS QUESTION OF CLASSIFICATION MUST BE DEDUCED FROM THE GENERAL STRUCTURE OF THE EEC TREATY AND FROM THE FUNCTION IN THAT STRUCTURE OF THE PROVISIONS RELATING TO AGRICULTURE .
35ON THIS POINT IT MUST BE STATED FIRST THAT THE PIGS MARKETING SCHEME CONCERNS A SECTOR OF ECONOMIC ACTIVITY , NAMELY THE PRODUCTION AND MARKETING OF A SPECIFIC CATEGORY OF PIGS , COMING UNDER A COMMON ORGANIZATION OF THE MARKET GOVERNED AT THE TIME OF THE ACCESSION OF THE UNITED KINGDOM BY REGULATION NO 121/67 OF 13 JUNE 1967 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1967 , P . 46 ) AND AT THE MATERIAL TIME BY REGULATION NO 2759/75 OF 29 OCTOBER 1975 , WHICH IS STILL IN FORCE AT PRESENT .
36IT IS COMMON GROUND THAT THIS COMMON ORGANIZATION OF THE MARKET WAS APPLICABLE ON THE WHOLE OF THE TERRITORY OF THE UNITED KINGDOM , BY VIRTUE OF THE GENERAL PROVISIONS OF THE ACT OF ACCESSION AND OF THE SPECIFIC RULE CONTAINED IN ARTICLE 60 ( 1 ) OF THE ACT , AS FROM 1 FEBRUARY 1973 .
37IT FOLLOWS FROM ARTICLE 38 ( 2 ) OF THE EEC TREATY THAT THE PROVISIONS OF THE TREATY RELATING TO THE COMMON AGRICULTURAL POLICY HAVE PRECEDENCE , IN CASE OF ANY DISCREPANCY , OVER THE OTHER RULES RELATING TO THE ESTABLISHMENT OF THE COMMON MARKET .
38THE SPECIFIC PROVISIONS CREATING A COMMON ORGANIZATION OF THE MARKET THEREFORE HAVE PRECEDENCE IN THE SECTOR IN QUESTION OVER THE SYSTEM LAID DOWN IN ARTICLE 37 IN FAVOUR OF STATE MONOPOLIES OF A COMMERCIAL CHARACTER .
39CONSEQUENTLY THE SPECIAL TIME-LIMIT LAID DOWN BY ARTICLE 44 OF THE ACT OF ACCESSION CANNOT BE RELIED ON SO AS TO COVER NATIONAL RULES AND THE ACTION OF A NATIONAL BODY SUCH AS THE BOARD , RELATING TO A SECTOR FOR WHICH A COMMON ORGANIZATION OF THE MARKET EXISTS .
40IT IS THEREFORE IRRELEVANT WHETHER THE PIGS MARKETING SCHEME AND THE BOARD HAVE THE CHARACTER OF A ' ' STATE MONOPOLY ' ' WITHIN THE MEANING OF ARTICLE 37 , AS THE APPLICATION OF THAT PROVISION WAS IN ANY CASE EXCLUDED AS FROM 1 FEBRUARY 1973 BY THE EFFECT OF THE EXTENSION TO THE UNITED KINGDOM OF THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT .
41IN ITS OBSERVATIONS SUBMITTED TO THE COURT THE BOARD MAINTAINED THAT IT CONSIDERS ITSELF , HAVING REGARD BOTH TO THE NATURE OF ITS ACTIVITIES AND TO THE POWERS CONFERRED UPON IT BY NORTHERN IRELAND LEGISLATION , AS BEING AN UNDERTAKING WHICH HAS ' ' SPECIAL OR EXCLUSIVE RIGHTS ' ' WITHIN THE MEANING OF ARTICLE 90 OF THE TREATY .
42IT CLAIMS THAT THE PROVISIONS , READ IN CONJUNCTION WITH ARTICLE 37 RELATING TO STATE MONOPOLIES , HAS THE EFFECT OF EXEMPTING ITS ACTIVITIES FROM THE APPLICATION OF THE GENERAL RULES