P . 1 ) AND A NUMBER OF PROVISIONS OF THE TREATY RELATING TO THE ABOLITION OF QUANTITATIVE RESTRICTIONS ( ARTICLE 30 ET SEQ .) TO THE COMMON AGRICULTURAL POLICY ( IN PARTICULAR ARTICLE 40 ), TO THE PROVISIONS RELATING TO STATE MONOPOLIES AND UNDERTAKINGS HAVING SPECIAL OR EXCLUSIVE RIGHTS ( ARTICLES 37 AND 90 ) AS WELL AS TO THE RULES OF COMPETITION ( ARTICLES 85 AND 86 ) AND TO REGULATION NO 26 OF THE COUNCIL OF 4 APRIL 1962 APPLYING CERTAIN RULES OF COMPETITION TO PRODUCTION OF AND TRADE IN AGRICULTURAL PRODUCTS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1959-1962 , P . 129 ).
2THESE QUESTIONS WERE RAISED IN THE CONTEXT OF THE PROSECUTION OF A PIG PRODUCER FOR OFFENCES AGAINST LOCAL LEGISLATION IN FORCE IN NORTHERN IRELAND RELATING TO THE MARKETING OF PIGMEAT , SETTING UP THE PIGS MARKETING SCHEME , ADMINISTERED BY THE PIGS MARKETING BOARD ( HEREINAFTER REFERRED TO AS ' ' THE BOARD ' ' ) CREATED BY THE SAME LEGISLATION , WHICH IS COMPOSED PARTLY OF PRODUCERS AND PARTLY OF REPRESENTATIVES OF THE DEPARTMENT OF AGRICULTURE AND SUPERVISED BY THE DEPARTMENT .
3IT APPEARS FROM THE INFORMATION CONTAINED IN THE JUDGMENT REFERRING THE MATTER TO THE COURT OF JUSTICE THAT THIS SCHEME APPLIES TO FAT PIGS , KNOWN AS ' ' BACON PIGS ' ' , DEFINED BY THE RELEVANT LEGISLATION AS BEING PIGS WEIGHING OVER 77 KG LIVE WEIGHT .
4SUCH PIGS MAY BE SOLD BY PRODUCERS ONLY TO OR THROUGH THE AGENCY OF THE BOARD .
5THE BOARD HAS THE SOLE RIGHT TO MARKET BACON PIGS AND THE POWER TO DETERMINE PRICES PAYABLE TO PRODUCERS AND ALL OTHER CONDITIONS OF SALE .
6FOR THIS PURPOSE THE RELEVANT LEGISLATION FORBIDS THE SALE OF SUCH PIGS - SUBJECT TO CERTAIN EXCEPTIONS - BY PERSONS OTHER THAN PRODUCERS REGISTERED WITH THE BOARD AND PROHIBITS ALL SALES BY SUCH PRODUCERS OTHERWISE THAN TO OR THROUGH THE AGENCY OF THE BOARD .
7THESE PROVISIONS WERE SUPPLEMENTED BY THE MOVEMENT OF PIGS REGULATIONS 1972 , WHICH FORBID THE TRANSPORTATION OF BACON PIGS UNLESS TO A PURCHASING CENTRE OF THE BOARD AND COVERED BY A TRANSPORT AUTHORIZATION ISSUED BY THE BOARD .
8OFFENCES AGAINST THE PROVISIONS REFERRED TO ABOVE ARE PUNISHABLE BY A FINE AND/OR IMPRISONMENT AND/OR THE FORFEITURE OF THE PIGS IN QUESTION .
9IT APPEARS FROM THE JUDGMENT REFERRING THE MATTER TO THE COURT THAT THE DEFENDANT IN THE MAIN PROCEEDINGS , WHO ON 12 JANUARY 1977 TRANSPORTED 75 BACON PIGS WITHOUT BEING COVERED BY AN AUTHORIZATION FROM THE BOARD , IS BEING PROSECUTED FOLLOWING A COMPLAINT BY THE BOARD TO THE RESIDENT MAGISTRATE , ARMAGH , FOR A BREACH OF REGULATION 4 ( 1 ) OF THE MOVEMENT OF PIGS REGULATIONS ( NORTHERN IRELAND ) 1972 AND OF SECTION 17 ( 4 A ) OF THE AGRICULTURAL MARKETING ACT ( NORTHERN IRELAND ) 1964 , AS SUBSEQUENTLY AMENDED .
10AT THE SAME TIME THE BOARD CLAIMED THE FORFEITURE OF THE GOODS BUT SUBSEQUENTLY