OF IMPORT LICENCES FOR CEREALS AND TO THE LODGING OF DEPOSITS, WERE APPLICABLE FROM THE ENTRY INTO FORCE OF THAT REGULATION . IN SO FAR AS THE DETAILED RULES OF APPLICATION INDISPENSABLE TO THE FUNCTIONING OF THE IMPORT AND EXPORT SYSTEM LAID DOWN IN THAT SAME ARTICLE 16 HAD NOT YET BEEN DETERMINED BY THE COMMUNITY, THE MEMBER STATES WERE ENTITLED AND, BY VIRTUE OF THE GENERAL PROVISIONS OF ARTICLE 5 OF THE TREATY, OBLIGED TO DO EVERYTHING IN THEIR POWER TO ENSURE THE EFFECTIVENESS OF ALL THE PROVISIONS OF THE REGULATION .
11 CONSEQUENTLY, ARTICLE 16 OF REGULATION NO 19 MUST BE INTERPRETED IN THE SENSE THAT, BEFORE THE ENTRY INTO FORCE OF THE IMPLEMENTING PROVISIONS PROVIDED FOR IN PARAGRAPH ( 3 ) OF THAT ARTICLE, THE MEMBER STATES WERE ABLE TO TAKE, ON A TRANSITIONAL BASIS AND WITHOUT PREJUDICE TO ANY FUTURE ACTION ON THE PART OF THE COMMON INSTITUTIONS, ANY IMPLEMENTING MEASURES COMPATIBLE WITH THE PRINCIPLES OF THE REGULATION .
THE QUESTION RELATING TO THE COMPATIBILITY OF THE MANAGEMENT COMMITTEE PROCEDURE WITH COMMUNITY LAW OF A HIGHER RANK
12 THE COURT IS ASKED BY QUESTION 4 WHETHER THE PROCEDURE OF ARTICLE 26 OF REGULATION NO 19 OF THE COUNCIL, IN ACCORDANCE WITH WHICH REGULATION NO 87 OF THE COMMISSION WAS ADOPTED, IS COMPATIBLE WITH COMMUNITY LAW OF A HIGHER RANK .
13 THIS QUESTION CONCERNS THE LEGALITY OF THE SO-CALLED MANAGEMENT COMMITTEE PROCEDURE INTRODUCED BY ARTICLES 25 AND 26 OF REGULATION NO 19 AND RE-ENACTED BY NUMEROUS OTHER AGRICULTURAL REGULATIONS .
IT APPEARS FROM THE FILE OF THE CASE AND THE OBSERVATIONS SUBMITTED TO THE COURT THAT THE QUESTION PUT CONCERNS MORE PARTICULARLY THE COMPATIBILITY OF THE MANAGEMENT COMMITTEE PROCEDURE WITH THE COMMUNITY STRUCTURE AND THE INSTITUTIONAL BALANCE AS REGARDS BOTH THE RELATIONSHIP BETWEEN INSTITUTIONS AND THE EXERCISE OF THEIR RESPECTIVE POWERS .
14 IT IS ALLEGED IN THE FIRST PLACE THAT THE POWER TO ADOPT THE SYSTEM IN DISPUTE BELONGS TO THE COUNCIL WHICH, UNDER THE TERMS OF THE THIRD SUBPARAGRAPH OF ARTICLE 43 ( 2 ) OF THE TREATY, SHOULD HAVE ACTED ON A PROPOSAL FROM THE COMMISSION AND AFTER CONSULTING THE ASSEMBLY AND THAT THEREFORE THE PROCEDURE FOLLOWED DEROGATED FROM THE PROCEDURES AND POWERS FIXED BY THIS PROVISION OF THE TREATY .
15 BOTH THE LEGISLATIVE SCHEME OF THE TREATY, REFLECTED IN PARTICULAR BY THE LAST INDENT OF ARTICLE 155, AND THE CONSISTENT PRACTICE OF THE COMMUNITY INSTITUTIONS ESTABLISH A DISTINCTION, ACCORDING TO THE LEGAL CONCEPTS RECOGNIZED IN ALL THE MEMBER STATES, BETWEEN THE MEASURES DIRECTLY BASED ON THE TREATY ITSELF AND DERIVED LAW INTENDED TO ENSURE THEIR IMPLEMENTATION . IT CANNOT THEREFORE BE A REQUIREMENT THAT ALL THE DETAILS OF THE REGULATIONS CONCERNING THE COMMON AGRICULTURAL POLICY BE DRAWN UP BY THE COUNCIL ACCORDING TO THE PROCEDURE IN ARTICLE 43 . IT IS SUFFICIENT FOR THE PURPOSES OF THAT PROVISION THAT THE BASIC ELEMENTS OF THE MATTER TO BE DEALT WITH HAVE BEEN ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN BY THAT