THE QUESTION RAISED BY THE COLLEGE VAN BEROEP IT SHOULD FIRST BE RECALLED THAT THE COMMON ORGANIZATION OF THE MARKET IN POULTRYMEAT , AS AT PRESENT LAID DOWN IN REGULATION NO 2777/75 , IS BASED ON A SET OF MEASURES DESIGNED TO STABILIZE THE MARKET AND ENSURE FAIR PRICES WITHOUT RESORT TO INTERVENTION MEASURES OF THE KIND PROVIDED FOR IN OTHER AGRICULTURAL MARKETS . ACCORDING TO ARTICLE 2 , SUPPLY IS TO BE ADJUSTED TO MARKET REQUIREMENTS BY MEANS OF A SET OF MEASURES DESIGNED TO PROMOTE BETTER ORGANIZATION OF PRODUCTION , PROCESSING AND MARKETING , TO IMPROVE QUALITY AND TO FACILITATE THE ESTABLISHMENT OF MARKET FORECASTS AND THE RECORDING OF PRICE TRENDS .
18 TO THIS END ARTICLE 2 ( 1 ) PROVIDES THAT THE COUNCIL MAY IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY ADOPT MEASURES TO IMPROVE THE QUALITY OF THE PRODUCTS COVERED BY THE MARKET ORGANIZATION .
19 ACCORDING TO ARTICLE 2 ( 2 ), MARKETING STANDARDS ARE TO BE ADOPTED BY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION . THEY MUST BE ADOPTED FOR THE PRODUCTS SPECIFIED IN ARTICLE 1 ( 1 ) ( B ), THAT IS TO SAY , FOR DEAD POULTRY AND EDIBLE POULTRY-OFFAL , AND MAY BE ADOPTED FOR THE OTHER PRODUCTS TO WHICH THE MARKET ORGANIZATION APPLIES . IT IS STATED THAT SUCH STANDARDS MAY RELATE IN PARTICULAR TO GRADING BY QUALITY OR WEIGHT , PACKAGING , STORAGE , TRANSPORT , PRESENTATION AND MARKETING .
20 IT IS NOT ENTIRELY CLEAR FROM THOSE PROVISIONS WHETHER THE COUNCIL MUST ADOPT BINDING STANDARDS OR WHETHER THE REGULATION MERELY ENABLES IT TO DO SO . HOWEVER , THE WHOLE OF ARTICLE 2 EVINCES A CLEAR INTENTION TO ESTABLISH PROGRESSIVELY UNIFORM BINDING QUALITY STANDARDS AND COMMON MARKETING STANDARDS , WHICH ARE IN FACT INDISPENSABLE FOR A PROPERLY FUNCTIONING , TRANSPARENT MARKET IN WHICH NORMAL CONDITIONS OF COMPETITION PREVAIL .
21 IN THIS CONTEXT IT IS NECESSARY TO POINT OUT THE COUNCIL ' S ALMOST TOTAL FAILURE TO ACT ; IN A SECTOR GOVERNED BY A COMMON ORGANIZATION OF THE MARKET SINCE 1967 IT HAS STILL NOT ENACTED THE RULES NEEDED TO ENABLE THAT ORGANIZATION TO FUNCTION NORMALLY . HAVING ENCOUNTERED RESISTANCE IN THE COUNCIL , THE COMMISSION HAS APPARENTLY RESIGNED ITSELF FOR THE MOMENT TO NOT USING ITS RIGHT TO MAKE PROPOSALS AND THE OTHER POSSIBILITIES OF TAKING ACTION OPEN TO IT UNDER THE TREATY .
22 IN THOSE CIRCUMSTANCES THERE CANNOT IN PRINCIPLE BE ANY OBJECTION TO A MEMBER STATE ' S RETAINING OR INTRODUCING NATIONAL MEASURES DESIGNED TO ACHIEVE IN ITS OWN TERRITORY THE AIMS OF THE MARKET ORGANIZATION AND , MORE PARTICULARLY , OF ARTICLE 2 OF REGULATION NO 2777/75 .
23 HOWEVER , IN CONFORMITY WITH THE COURT ' S JUDGMENT OF 5 MAY 1981 , CITED ABOVE , SUCH MEASURES MUST NOT BE REGARDED AS INVOLVING THE EXERCISE OF THE MEMBER STATE ' S