1975 , FOR A MEMBER STATE TO DETERMINE THE ALLOCATION , OR IS IT A REQUIREMENT OF THE REGULATIONS THAT A MEMBER STATE CAN ONLY DETERMINE THE ALLOCATION WHERE CONDITIONS OTHER THAN THOSE EXPRESSLY STATED IN THE PREAMBLE TO REGULATION ( EEC ) NO 741/75 OF THE COUNCIL AND IN ARTICLE 1 ( 1 ) THEREOF ARE MET?
B . IF THE CONDITIONS ON WHICH A MEMBER STATE CAN LAY DOWN RULES FOR ALLOCATING THE BASIC QUOTA ARE MET AND AN UNFAIR BASIS FOR SUCH ALLOCATION HAS NOT BEEN ADOPTED , IS IT IN ACCORDANCE WITH THE COMMUNITY REGULATIONS ON SUGAR , IN PARTICULAR REGULATION ( EEC ) NO 741/75 OF THE COUNCIL , FOR THE MEMBER STATE TO MAKE PROVISION FOR AN ALLOCATION BETWEEN THE MEMBERS AND OTHER TRADITIONAL SUPPLIERS TO THE UNDERTAKING IN QUESTION EVEN THOUGH SUCH ALLOCATION MEANS THAT THE BEET WHICH THE MEMBERS OF THE CO-OPERATIVE ARE OBLIGED AND ENTITLED UNDER THE UNDERTAKING ' S STATUTES TO DELIVER TO THE FACTORY CANNOT ENTIRELY BE SUPPLIED WITHIN THE BASIC QUOTA ALONE?
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16THE TWO QUESTIONS MAY BE CONSIDERED TOGETHER .
17SINCE , AS HAS BEEN STATED , THE COMMON ORGANIZATION OF THE MARKET IN SUGAR COVERS RELATIONS BETWEEN SUGAR MANUFACTURERS AND BEET GROWERS , SUCH RELATIONS , IN SO FAR AS THEY SPECIFICALLY CONCERN SUGAR PRODUCTION , FALL EXCLUSIVELY WITHIN THE COMPETENCE OF THE COMMUNITY SO THAT THE MEMBER STATES ARE NO LONGER IN A POSITION TO ADOPT UNILATERAL MEASURES .
18IN VIEW OF POSSIBLE DIFFICULTIES IN THE CONCLUSION OF AGREEMENTS , REGULATION NO 741/75 IS CLEARLY INTENDED TO REMOVE THAT DISABILITY ON THE PART OF THE MEMBER STATES IN THE CASES DEFINED BY THE REGULATION SO THAT THE MEMBER STATES ARE HENCEFORTH ENTITLED UNDER COMMUNITY LAW TO INTERVENE ON THE BASIS OF THEIR OWN POWERS AND IN ACCORDANCE WITH THE PROCEDURES OF THEIR OWN LEGAL SYSTEMS .
19THE STATEMENT IN THE PREAMBLE TO THE REGULATION WHICH , FURTHERMORE , IS EXCEPTIONALLY SUCCINCT , TO THE EFFECT THAT THE MEMBER STATE CONCERNED MAY LAY DOWN SPECIAL RULES , TOGETHER WITH THE FACT THAT THE REGULATION WAS ADOPTED NOT IN THE FORM OF AN AMENDMENT EITHER TO BASIC REGULATION NO 3330/74 , IN PARTICULAR ARTICLE 6 THEREOF , OR TO REGULATION NO 206/68 BUT AS A MEASURE BASED SOLELY ON ARTICLE 43 OF THE TREATY MILITATE IN FAVOUR OF THE INTERPRETATION THAT THE REGULATION IS INTENDED MERELY TO EXPLAIN THAT THE COMMON ORGANIZATION OF THE MARKET DOES NOT PRECLUDE ACTION ON THE PART OF THE MEMBER STATES IN THE MATTER IN QUESTION .
20THIS INTERPRETATION IS CONFIRMED BY THE FACT THAT IN REGULATION NO 741/75 NO RULES OR INFORMATION ARE PROVIDED ON THE PRESCRIBED PROCEDURE , THE FORMS OR THE COMPETENT AUTHORITIES FOR THE ACTION CONTEMPLATED , SUCH AS WOULD BE EXPECTED IF A RESTRICTION WERE TO BE PLACED UPON THE FREEDOM TO CONTRACT , WHICH ON THE OTHER HAND WAS SCRUPULOUSLY PRESERVED BY REGULATION NO 206/68 .
21THE WORDING OF THE QUESTIONS APPEARS TO BE BASED