1 ) ( D ) MUST NECESSARILY BE FIXED AT SUCH LEVELS THAT THE RELATIONSHIP BETWEEN THOSE AIDS IS EQUAL TO THE RELATIONSHIP BETWEEN ONE KILOGRAM OF SKIMMED-MILK POWDER AND THE QUANTITY OF SKIMMED MILK FROM WHICH ONE KILOGRAM OF SKIMMED-MILK POWDER CAN BE OBTAINED . THEREFORE , SINCE IT PROCEEDS UPON A PROPER CONSTRUCTION OF THAT PROVISION , COMMISSION REGULATION NO 1049/78 DOES NOT DISPLAY , ON THIS POINT , ANY INVALIDATING FACTOR .
2.IN FIXING THE AIDS AT LEVELS SUCH THAT THE RELATIONSHIP BETWEEN THE AID FOR SKIMMED MILK AND THAT FOR SKIMMED-MILK POWDER FOR USE AS FEED WAS 9.77 , THE COMMISSION DID NOT EXCEED , IN REGULATION NO 1049/78 , THE LIMITS OF THE MARGIN OF DISCRETION WHICH IT ENJOYS BY VIRTUE OF ARTICLE 2A OF REGULATION NO 986/68 WHEN FIXING THE AIDS FOR THOSE PRODUCTS .
3.ARTICLE 2 ( 1 ) ( A ) OF REGULATION NO 986/68 OF THE COUNCIL DOES NOT REQUIRE THAT A MAXIMUM PRICE MUST ALWAYS BE FIXED FOR SKIMMED MILK SOLD BY DAIRIES TO FARMS WHICH USE IT AS ANIMAL FEED WHENEVER THE RELATIONSHIP BETWEEN THE AID FOR SKIMMED MILK AND THE AID FOR SKIMMED-MILK POWDER IS FIXED IN SUCH A MANNER THAT SKIMMED MILK BENEFITS FROM A RELATIVELY HIGHER LEVEL OF AID THAN THAT GRANTED FOR SKIMMED-MILK POWDER . THE FACT THAT COMMISSION REGULATION NO 1049/78 DOES NOT PROVIDE FOR THE FIXING OF SUCH A MAXIMUM PRICE DOES NOT THEREFORE AFFECT THE VALIDITY OF THAT REGULATION .
4.PLACED IN THE CONTEXT OF REGULATION NO 986/68 , WITHIN WHICH IT TAKES EFFECT , REGULATION NO 1049/78 SATISFIES THE REQUIREMENT , IMPOSED BY ARTICLE 190 OF THE TREATY , TO STATE THE REASONS UPON WHICH IT IS BASED .