IN FLUCTUATING EXCHANGE RATES WHICH, IN A SYSTEM OF MARKET ORGANIZATION FOR AGRICULTURAL PRODUCTS BASED ON UNIFORM PRICES, MIGHT CAUSE DISTURBANCES IN TRADE IN THESE PRODUCTS .
DIVERSION OF TRADE CAUSED SOLELY BY THE MONETARY SITUATION CAN BE CONSIDERED MORE DAMAGING TO THE COMMON INTEREST, BEARING IN MIND THE AIMS OF THE COMMON AGRICULTURAL POLICY, THAN THE DISADVANTAGES OF THE MEASURES IN DISPUTE .
CONSEQUENTLY THESE COMPENSATORY AMOUNTS ARE CONDUCIVE TO THE MAINTENANCE OF A NORMAL FLOW OF TRADE UNDER THE EXCEPTIONAL CIRCUMSTANCES CREATED TEMPORARILY BY THE MONETARY SITUATION .
THEY ARE ALSO INTENDED TO PREVENT THE DISRUPTION IN THE MEMBER STATE CONCERNED OF THE INTERVENTION SYSTEM SET UP UNDER COMMUNITY REGULATIONS .
FURTHERMORE, THESE ARE NOT LEVIES INTRODUCED BY SOME MEMBER STATES UNILATERALLY, BUT COMMUNITY MEASURES WHICH, BEARING IN MIND THE EXCEPTIONAL CIRCUMSTANCES OF THE TIME, ARE PERMISSIBLE WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY .
30 THE COUNCIL DID NOT CONTRAVENE ARTICLE 19 OF REGULATION NO 804/68 IN ADOPTING THEM .
EXAMINATION OF THE FIRST QUESTION, THEREFORE, HAS NOT REVEALED ANY ELEMENTS CAPABLE OF AFFECTING THE VALIDITY OF THE REGULATION IN DISPUTE .
II - QUESTION TWO
31 THE SECOND QUESTION ASKS WHETHER THE DEFENDANT IN THE MAIN ACTION WAS STILL ENTITLED, ON THE PROPER APPLICATION OF COMMUNITY LAW, TO IMPOSE, ON 24 MARCH 1972, THE DATE OF THE APPLICATION FOR CUSTOMS CLEARANCE, A COUNTERVAILING CHARGE ON TRADE WITH THIRD COUNTRIES .
THE POINT RAISED BY THIS QUESTION IS WHETHER OR NOT THE CONDITIONS IMPOSED BY ARTICLE 8 OF REGULATION NO 974/71 FOR ITS CEASING TO BE APPLICABLE HAD BEEN MET ON THAT DATE BY REASON OF THE FACT THAT, AFTER THE WASHINGTON AGREEMENT OF 18 DECEMBER 1971, MEMBER STATES HAD DECIDED NOT TO FLOAT THEIR CURRENCIES, WHILE ACCEPTING A MARGIN OF FLUCTUATION FOR EXCHANGE AROUND A RATE, KNOWN AS A CENTRAL RATE, GREATER THAN THAT PERMITTED BY THE BRETTON WOODS AGREEMENTS .
32 ARTICLE 8 OF REGULATION NO 974/71 PROVIDES THAT IT SHALL CEASE TO BE APPLICABLE AS SOON AS ALL THE MEMBER STATES CONCERNED AGAIN APPLY THE INTERNATIONAL RULES ON MARGINS OF EXCHANGE-RATE FLUCTUATION AROUND OFFICIAL PARITY .
THIS PROVISION ENVISAGES THE ABOLITION OF COMPENSATORY AMOUNTS AS SOON AS ALL THE MEMBER STATES HAVE DECIDED TO OBSERVE AGAIN THE ORIGINAL PARITIES, OR NEW PARITIES DECLARED TO THE I . M . F .
33 THE AGREEMENT OF 18 DECEMBER 1971 DID NOT MEET THOSE REQUIREMENTS .
FAR FROM RESTORING FIXED PARITIES, THE COUNTRIES CONCERNED MERELY AGREED THAT THEY WOULD MAINTAIN, AS FAR AS POSSIBLE, CENTRAL RATES, WHICH WERE SUBJECT TO ALTERATION; THE AGREEMENT ALSO ALLOWED MARGINS OF FLUCTUATION AROUND THESE RATES OF 2.25 PER CENT ABOVE AND BELOW, SOMETIMES EQUALLING THE VERY FLUCTUATIONS WHICH HAD PROMPTED THE INTRODUCTION OF COMPENSATORY AMOUNTS .
MOREOVER, EVEN AFTER THE AGREEMENT MENTIONED, THE TREND TOWARDS THE REVALUATION OF CERTAIN CURRENCIES IN THE COMMUNITY CONTINUED WITHIN THE SCOPE OF THE WIDENED MARGINS OF FLUCTUATION; AT THE TIME OF THE DISPUTED IMPORTS, THE DIFFERENCE BETWEEN THE DM AND ITS OLD OFFICIAL