THAN ON SALES WITHIN THE COUNTRY, OR WHEN THE LEVY IS INTENDED TO FUND ACTIVITIES LIKELY TO MAKE INTERNAL MARKETING MORE PROFITABLE THAN EXPORTATION OR IN ANY WAY TO GIVE PREFERENTIAL TREATMENT TO THE PRODUCT INTENDED FOR MARKETING WITHIN THE COUNTRY, TO THE DETRIMENT OF THAT INTENDED FOR EXPORT .
SECOND QUESTION
18 THE SECOND QUESTION ASKS THE COURT TO RULE WHETHER ARTICLE 40 OF THE TREATY AND ARTICLE 1 OF REGULATION ( EEC ) NO 234/68 OR ANY OTHER PROVISION OR GENERAL PRINCIPLE OF COMMUNITY LAW MEAN THAT, AS REGARDS THE SECTOR DEFINED IN ARTICLE 1 OF REGULATION ( EEC ) NO 234/68, DUTCH BODIES HAVING LEGISLATIVE CAPACITY ARE NO LONGER PERMITTED TO MAKE ANY MARKET-REGULATORY PROVISIONS SUCH AS THAT CONTAINED IN THE 'REGULATION - SURPLUS LEVY' AND IN THE 'REGULATION - TRADE LEVY' EXCEPT FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF REGULATION ( EEC ) NO 234/68 OR ANY OTHER PROVISIONS OF COMMUNITY LAW .
19 ARTICLE 40 ( 2 ) OF THE TREATY PROVIDES THAT A COMMON ORGANIZATION OF AGRICULTURAL MARKETS SHALL BE ESTABLISHED TAKING THE FORM OF COMMON RULES ON COMPETITION, COMPULSORY COORDINATION OF THE VARIOUS NATIONAL MARKET ORGANIZATIONS, OR A EUROPEAN MARKET ORGANIZATION .
20 UNDER ARTICLE 40 ( 3 ) THE COMMON ORGANIZATION ESTABLISHED IN ONE OR OTHER OF THESE FORMS MAY INCLUDE ALL MEASURES REQUIRED TO ATTAIN THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY, IN PARTICULAR REGULATION OF PRICES, AIDS FOR THE PRODUCTION AND MARKETING OF THE VARIOUS PRODUCTS, STORAGE AND CARRY-OVER ARRANGEMENTS, AND COMMON MACHINERY FOR STABILIZING IMPORTS OR EXPORTS .
21 ARTICLE 1 OF REGULATION NO 234/68 PROVIDES THAT THE COMMON ORGANIZATION OF THE MARKET ESTABLISHED THEREUNDER SHALL COMPRISE COMMON QUALITY STANDARDS AND A TRADING SYSTEM IN THE SECTOR CONCERNED .
22 ARTICLE 12 OF THE REGULATION PROVIDES THAT THE COUNCIL SHALL ADD FURTHER PROVISIONS TO THE REGULATION AS MAY BE REQUIRED IN THE LIGHT OF EXPERIENCE .
23 THE SECOND RECITAL OF THE PREAMBLE TO REGULATION NO 234/68 STATES THAT THE PRODUCTION OF LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND THE LIKE, CUT FLOWERS AND ORNAMENTAL FOLIAGE IS OF PARTICULAR IMPORTANCE TO THE AGRICULTURAL ECONOMY OF CERTAIN REGIONS OF THE COMMUNITY AND DECLARES THE NEED TO PROMOTE THE RATIONAL MARKETING OF SUCH PRODUCTION AND TO ENSURE STABLE MARKET CONDITIONS .
24 AS REGARDS BULBS IN PARTICULAR, IT IS NOT DISPUTED THAT EXPORTS FROM THE NETHERLANDS REPRESENT MORE THAN 90 PER CENT OF THE TOTAL EXPORTS FROM MEMBER STATES .
25 ONCE THE COMMUNITY HAS, PURSUANT TO ARTICLE 40 OF THE TREATY, LEGISLATED FOR ESTABLISHMENT OF A 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 .
26 FOR THIS REASON IT IS FIRST OF ALL NECESSARY TO CONSIDER WHETHER A SET OF REGULATIONS SUCH AS THOSE UNDER REVIEW IS COMPATIBLE WITH REGULATION NO 234/68 HAVING REGARD NOT ONLY TO THE EXPRESS PROVISIONS OF THE LEGISLATION BUT