STATES AND WHETHER THEY HAVE CREATED SUBJECTIVE RIGHTS FOR INDIVIDUALS WHICH NATIONAL COURTS MUST PROTECT, AND, IF THE ANSWER IS IN THE AFFIRMATIVE, WHETHER THESE RIGHTS AROSE FROM THE DATE OF ENTRY INTO FORCE OF REGULATION NO 16/64 OR OF REGULATION NO 359/67 .
THE FIRST PART OF THE FIFTH QUESTION, ASKS WHETHER THE LEVYING OF SUCH A DUTY INFRINGES THE PRINCIPLE OF THE PREFERENCE TO BE GRANTED TO COMMUNITY PRODUCTS, AS LAID DOWN IN THE TWELFTH RECITAL IN THE PREAMBLE TO REGULATION NO 359/67; THE SECOND PART OF THE FIFTH QUESTION AND ALSO THE SIXTH QUESTION ASKS WHETHER A LEVY OF THIS KIND CAN CONSTITUTE A CHARGE HAVING EQUIVALENT EFFECT TO A CUSTOMS DUTY OR A MEASURE HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION AS PROHIBITED BY REGULATION NO 359/67 .
3 BEFORE REPLYING TO THESE QUESTIONS, IT IS NECESSARY TO CONSIDER THE PROVISIONS CITED IN THEIR CONTEXT WITHIN THE TREATY .
ARTICLE 40 OF THE TREATY FORMS PART OF THE SPECIAL PROVISIONS FOR THE FUNCTIONING AND DEVELOPMENT OF THE COMMON MARKET FOR AGRICULTURAL PRODUCTS CONTAINED IN ARTICLE 38 .
TO ATTAIN THE OBJECTIVES DEFINED IN ARTICLE 39, ARTICLE 40 ( 2 ) PROVIDES FOR THE ESTABLISHMENT OF A COMMON ORGANIZATION OF AGRICULTURAL MARKETS WHICH TAKES ONE OF THE FOLLOWING THREE FORMS : COMMON RULES ON COMPETITION, COMPULSORY COORDINATION OF THE VARIOUS NATIONAL MARKET ORGANIZATIONS, OR A EUROPEAN MARKET ORGANIZATION .
ARTICLE 40 ( 3 ) PROVIDES THAT THE COMMON ORGANIZATION ESTABLISHED IN ACCORDANCE WITH ARTICLE 40 ( 2 ) MAY INCLUDE ALL MEASURES REQUIRED TO ATTAIN THE OBJECTIVES SET OUT IN ARTICLE 39, INCLUDING REGULATION OF PRICES, BUT SPECIFIES THAT THE COMMON ORGANIZATION MUST EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY, AND THAT ANY COMMON PRICE POLICY SHALL BE BASED ON COMMON CRITERIA AND UNIFORM METHODS OF CALCULATION .
UNDER THE TERMS OF ARTICLE 43, THE COMMISSION IS REQUIRED TO SUBMIT PROPOSALS FOR IMPLEMENTING THE COMMON AGRICULTURAL POLICY, INCLUDING THE REPLACEMENT OF THE NATIONAL ORGANIZATIONS, AND THE COUNCIL IS EMPOWERED TO CARRY OUT THESE PROPOSALS BY MAKING REGULATIONS, ISSUING DIRECTIVES, OR TAKING DECISIONS .
BY REGULATION NO 16/64/EEC OF 5 FEBRUARY 1964 ( OJ 34 OF 27 FEBRUARY 1964, P . 574/64 ) THE COUNCIL ENSURED THE GRADUAL ESTABLISHMENT OF AN ORGANIZATION OF THE MARKET IN RICE .
FOR PRODUCER MEMBER STATES THE MAIN FEATURES OF THIS ORGANIZATION OF THE MARKET WERE THE ANNUAL FIXING OF TARGET PRICES AND THE FIXING, ON THE BASIS OF THE TARGET PRICE, OF AN INTERVENTION PRICE AT WHICH THE COMPETENT AGENCIES ARE OBLIGED TO BUY IN THE PADDY RICE OFFERED TO THEM; IT ALSO MEANS THE ANNUAL FIXING OF A COMMON THRESHOLD PRICE TO BE DETERMINED FOR THE FIRST YEAR ON THE BASIS OF THE PRICE RECORDED ON THE WORLD MARKET AND TO WHICH THE PRICE OF IMPORTED PRODUCTS MUST BE EQUATED BY MEANS OF A VARIABLE LEVY .
REGULATION NO 359/67 OF 25 JULY 1967, WHICH REPLACED THIS LEGISLATION, PROVIDES FOR A SINGLE TARGET PRICE FOR HUSKED RICE