COMPULSORY EQUALIZATION SYSTEM AND THE NOTION OF OWN RESOURCES MUST THEREFORE BE STRICTLY INTERPRETED . THIS CONCEPT MUST NOT RUN CONTRARY TO THE NEED FOR THE UNIFORM APPLICATION OF THE EQUALIZATION SCHEME THROUGHOUT THE ENTIRE COMMUNITY . IN THIS CONNEXION, IT IS IMPOSSIBLE STRICTLY TO RELATE THIS CONCEPT TO THE CONCEPTS OF NATIONAL LAW GOVERNING THE RELATIONSHIPS IN CIVIL LAW BETWEEN UNDERTAKINGS CONSUMING FERROUS SCRAP . ANY DIFFERENCES EXISTING BETWEEN THE NATIONAL LAWS OF THE MEMBER STATES MIGHT IN FACT MAKE IMPOSSIBLE THE UNIFORM APPLICATION OF COMMUNITY PROVISIONS THROUGHOUT THE COMMON MARKET AS A WHOLE . IN ORDER TO AVOID SUCH A DANGER, THE APPLICATION OF THE EQUALIZATION SCHEME, TO WHICH COMMON LEGAL CONCEPTS APPLY, INDEPENDENTLY OF CONCEPTS OF PURCHASE AND OF OWNERSHIP, IS ESSENTIALLY BASED ON THE ACQUISITION OF FERROUS SCRAP FOR A CONSIDERATION .
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IN THIS CONTEXT, OWN RESOURCES MAY BE DEFINED A CONTRARIO FROM THE BROAD CONCEPT OF BOUGHT SCRAP . NEVERTHELESS A PURELY NEGATIVE CONCEPT, EVEN THOUGH UNIFORM, IS INSUFFICIENT TO SATISFY OTHER BASIC REQUIREMENTS OF THE EQUALIZATION SCHEME . IN FACT THIS SCHEME MUST FIRST AND FOREMOST PREVENT FERROUS SCRAP FROM UNJUSTIFIABLY ESCAPING EQUALIZATION CHARGES BY THE USE OF PURELY FORMAL CRITERIA . IT IS MOREOVER NECESSARY TO PREVENT EXEMPTIONS FROM DISTORTING COMPETITION IN THE COMMON MARKET . THIS WOULD BE SO IF THE EFFECT OF THIS CONCEPT WERE TO CONFER AN ADVANTAGE ON CERTAIN UNDERTAKINGS AT THE COST OF OTHER UNDERTAKINGS IN A COMPARABLE SITUATION WITH REGARD TO THE PRODUCTION AND CONSUMPTION OF FERROUS SCRAP AND CONSEQUENTLY THE ORGANIZATION OF THEIR PRODUCTION .
IN DEFINING OWN RESOURCES, THERE MUST BE ADDED TO THE NEGATIVE CRITERION THAT THERE HAS BEEN NO ACQUISITION FOR A CONSIDERATION A POSITIVE, ECONOMIC CRITERION, BASED ON THE ORGANIZATION OF THE UNDERTAKINGS CONSUMING FERROUS SCRAP . ACCORDING TO THIS CRITERION FERROUS SCRAP CAN ONLY BE REGARDED AS OWN RESOURCES IF IT IS RE - USED EITHER BY THE ACTUAL UNDERTAKING WHICH PRODUCED IT OR BY THE UNDERTAKING ON WHOSE BEHALF THE PRODUCTION ACTIVITY WHICH CREATED IT WAS CARRIED OUT .
IN THIS CASE IT IS NOT DISPUTED THAT THE CUSTOMERS PLACING THE ORDERS FOR CONTRACT - ROLLING HAD AGREED WITH BREEDBANK OR THE NVW THAT THE FERROUS SCRAP PRODUCED IN CARRYING OUT THE CONTRACTS IN QUESTION SHOULD BE RETAINED BY BREEDBAND OR THE NVW AGAINST THE PAYMENT, BY WAY OF SET-OFF, OF THE PREVAILING PRICE FOR FERROUS SCRAP IN THE NETHERLANDS . THE RIGHT TO DISPOSE OF THE FERROUS SCRAP IS THUS DEPENDENT ON THE PAYMENT OF THE PRICE FOR IT AND THE CUSTOMERS RECEIVED THE AGREED PRICE FOR THIS FERROUS SCRAP . FURTHERMORE, IT IS CLEAR FROM THE INFORMATION SUPPLIED BY THE DEFENDANT IN THE COURSE OF THE ORAL PROCEEDINGS, WHICH THE APPLICANT HAS NOT DISPUTED, THAT THE CUSTOMERS DEDUCTED FROM THE BASIS OF THEIR ASSESSMENT TO CONTRIBUTION THE TONNAGES OF FERROUS SCRAP SOLD TO THIRD PARTIES .
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EVEN IF THE CREDIT NOTES RELATING TO THE FERROUS SCRAP IN DISPUTE IN THE RELATIONSHIPS BETWEEN