THE SECTOR OF THE MARKET IN QUESTION BY MEASURES SUCH AS SUBJECTING THE MARKETING OF THE GOODS TO A REQUIREMENT THAT THE PRODUCER SHALL BE REGISTERED WITH THE BODY IN QUESTION , THE PROHIBITION OF ANY SALE OTHERWISE THAN TO THAT BODY OR THROUGH ITS AGENCY , ON THE CONDITIONS DETERMINED BY IT , AND THE PROHIBITION OF ANY UNAUTHORIZED TRANSPORT OF THE GOODS IN QUESTION .
52WITH A VIEW TO ANSWERING THESE QUESTIONS IT IS NECESSARY TO CLARIFY FIRST THE RELATIONSHIP EXISTING ON THE ONE HAND BETWEEN THE REGULATIONS MENTIONED BY THE RESIDENT MAGISTRATE , NAMELY REGULATIONS NOS 121/67 AND 2759/75 AND , ON THE OTHER HAND , THE PROVISIONS OF THE TREATY RELATING TO THE ABOLITION OF QUANTITATIVE RESTRICTIONS AND MORE PARTICULARLY ARTICLES 30 AND 34 OF THE TREATY .
53REGULATION NO 121/67 , WHICH WAS APPLICABLE AT THE TIME OF THE ACCESSION OF THE UNITED KINGDOM , CONTAINS IN ARTICLE 19 EXPRESS PROVISIONS RELATING TO THE ABOLITION OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS .
54THE FACT THAT THESE PROVISIONS WERE NOT RE-ADOPTED IN REGULATION NO 2759/75 , THE PURPOSE OF WHICH WAS TO CONSOLIDATE THE WHOLE OF THE EXISTING PROVISIONS ON THIS SUBJECT , IS DUE , AS HAS BEEN EXPLAINED BY THE COMMISSION , TO THE FACT THAT IT IS CURRENT PRACTICE NOT TO INSERT IN THE CONSOLIDATED TEXT OF AGRICULTURAL REGULATIONS ANY PROVISIONS WHICH MERELY RE-ENACT THE PROVISIONS OF THE TREATY ITSELF .
55IT FOLLOWS THAT , HAVING REGARD TO THE STRUCTURE OF REGULATION NO 2759/75 , WHICH IS NOW IN FORCE , THE PROVISIONS OF THE TREATY RELATING TO THE ABOLITION OF TARIFF AND COMMERCIAL BARRIERS TO INTRA-COMMUNITY TRADE AND IN PARTICULAR ARTICLES 30 AND 34 ON THE ABOLITION OF QUANTITATIVE RESTRICTIONS AND OF ALL MEASURES HAVING EQUIVALENT EFFECT ON IMPORTS AND EXPORTS ARE TO BE REGARDED AS AN INTEGRAL PART OF THE COMMON ORGANIZATION OF THE MARKET .
56AS THE COURT HAS STATED IN ITS JUDGMENT OF 18 MAY 1977 IN CASE 111/75 OFFICIER VAN JUSTITIE V VAN DEN HAZEL (( 1977 ) ECR AT P . 909 ) ONCE THE COMMUNITY HAS , PURSUANT TO ARTICLE 40 OF THE TREATY , LEGISLATED FOR THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR , MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT .
57WITH A VIEW TO APPLYING THAT STATEMENT IN THE CASE OF THE PIGS MARKETING SCHEME IT SHOULD BE BORNE IN MIND THAT THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT , LIKE THE OTHER COMMON ORGANIZATIONS , IS BASED ON THE CONCEPT OF AN OPEN MARKET TO WHICH EVERY PRODUCER HAS FREE ACCESS AND THE FUNCTIONING OF WHICH IS REGULATED SOLELY BY THE INSTRUMENTS PROVIDED FOR BY THAT ORGANIZATION .
58HENCE ANY PROVISIONS OR NATIONAL PRACTICES WHICH MIGHT ALTER THE PATTERN OF IMPORTS OR EXPORTS OR INFLUENCE THE FORMATION OF MARKET PRICES BY PREVENTING PRODUCERS FROM BUYING AND SELLING FREELY WITHIN THE STATE IN