PLACED AT THE HEAD OF THE TITLE DEVOTED TO THE COMMON AGRICULTURAL POLICY , THE COMMON MARKET SHALL EXTEND TO AGRICULTURE AND TRADE IN AGRICULTURAL PRODUCTS .
24THE ABOLITION BETWEEN MEMBER STATES OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT CONSTITUTES A FUNDAMENTAL PRINCIPLE OF THE COMMON MARKET APPLICABLE TO ALL PRODUCTS AND GOODS WITH THE RESULT THAT , AS HAS BEEN FOUND BY THE COURT IN ITS JUDGMENT OF 13 NOVEMBER 1964 ( JOINED CASES 90 & 91/63 COMMISSION V GRAND DUCHY OF LUXEMBOURG AND KINGDOM OF BELGIUM ( 1964 ) ECR 625 , AT P . 633 ) ' ' ANY POSSIBLE EXCEPTION , WHICH IN ANY EVENT MUST BE STRICTLY CONSTRUED , MUST BE CLEARLY LAID DOWN ' ' .
25ARTICLE 38 ( 2 ) PROVIDES THAT ' ' SAVE AS OTHERWISE PROVIDED IN ARTICLES 39 TO 46 , THE RULES LAID DOWN FOR THE ESTABLISHMENT OF THE COMMON MARKET SHALL APPLY TO AGRICULTURAL PRODUCTS ' ' .
26THEREFORE IN ORDER THAT THE EXCEPTION PROVIDED FOR IN ARTICLE 38 ( 2 ) SHOULD APPLY TO THE INTRODUCTION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES IN INTRA-COMMUNITY TRADE AT THE END OF THE TRANSITIONAL PERIOD , IT IS NECESSARY TO FIND IN ARTICLES 39 TO 46 A PROVISION WHICH EITHER EXPRESSLY OR BY NECESSARY IMPLICATION PROVIDES FOR OR AUTHORIZES THE INTRODUCTION OF SUCH CHARGES .
27ARTICLES 39 TO 46 CONTAIN NO PROVISION OF THIS NATURE .
28ON THE CONTRARY THE SECOND PARAGRAPH OF ARTICLE 40 ( 3 ) EXPRESSLY STIPULATES THAT THE ORGANIZATION OF THE MARKET SHALL EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY .
29UNDER ARTICLE 43 ( 3 ) ( B ) EACH COMMON ORGANIZATION OF THE MARKET ' ' ENSURES CONDITIONS FOR TRADE WITHIN THE COMMUNITY SIMILAR TO THOSE EXISTING IN A NATIONAL MARKET ' ' .
30ARTICLE 44 EXPRESSLY MENTIONS THE PROGRESSIVE ABOLITION OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS DURING THE TRANSITIONAL PERIOD AND THESE WORDS IN THE CONTEXT OF ARTICLES 12 TO 17 AND 30 TO 35 OF THE TREATY MUST BE INTERPRETED AS ALSO COVERING CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES AND MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .
31THE SAME ARTICLE CREATING A PROVISIONAL SYSTEM VALID ONLY DURING THE TRANSITIONAL PERIOD PROVIDES THAT IN SO FAR AS PROGRESSIVE ABOLITION OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES MAY RESULT IN PRICES LIKELY TO JEOPARDIZE THE ATTAINMENT OF THE OBJECTIVES SET OUT IN ARTICLE 39 , MEMBER STATES MAY , SUBJECT TO CERTAIN CONDITIONS , APPLY A SYSTEM OF MINIMUM PRICES IN A NON-DISCRIMINATORY MANNER .
32THUS EVEN DURING THE TRANSITIONAL PERIOD OBSTACLES TO TRADE OTHER THAN MINIMUM PRICES WERE EXPRESSLY PROHIBITED .
33IT WOULD BE OBVIOUSLY CONTRARY TO THE TREATY TO PERMIT AFTER THE END OF THE TRANSITIONAL PERIOD OTHER OBSTACLES TO TRADE AS , IF NOT MORE , RESTRICTIVE THAN THOSE WHICH WERE PERMITTED ONLY DURING THE TRANSITIONAL PERIOD .
34THE OTHER PROVISIONS OF ARTICLES 39 TO 46 EITHER CONTAIN