ENTAIL GENERAL APPRAISALS . NEVERTHELESS , THAT CIRCUMSTANCE DOES NOT STAND IN THE WAY OF EITHER ITS DUTY OR ITS ABILITY TO KEEP WITHIN THE ABOVE-MENTIONED CEILING , WHICH CONSTITUTES ONE OF THE LIMITS TO THE COMMISSION ' S DISCRETION .
37 THE COMMISSION FURTHER CONTENDS THAT IT IS IMPOSSIBLE TO DISREGARD ' ' THE UNAVOIDABLE LINKS WHICH EXIST BETWEEN MONETARY COMPENSATORY AMOUNTS AND LEVIES ' ' . THE MONETARY COMPENSATORY AMOUNTS INTRODUCED IN TRADE WITH NON-MEMBER COUNTRIES ARE , ACCORDING TO IT , ' ' INTENDED PRECISELY TO COMPENSATE FOR THE INSUFFICIENT AMOUNT OF THE LEVY OR OF THE REFUND ' ' AND IT FOLLOWS THAT THE DESIRED NEUTRALITY OF THE COMPENSATORY AMOUNTS MUST BE ' ' WEIGHED AGAINST THE REQUIREMENTS OF PROTECTION ARISING FROM THAT IMPORTANT CONNEXION ' ' .
38 THAT ARGUMENT MUST ALSO BE REJECTED . AS HAS BEEN INDICATED , MONETARY COMPENSATORY AMOUNTS ARE NOT INTENDED TO SUPPLEMENT THE PROTECTION PROVIDED BY LEVIES AND REFUNDS IN TRADE WITH NON-MEMBER COUNTRIES . THEIR OBJECTIVE , WHICH IS UNRELATED IN ANY WAY TO PROTECTION , IS TO MAINTAIN THE SYSTEM OF SINGLE AGRICULTURAL PRICES WITHIN THE COMMON MARKET BY NEUTRALIZING DISTORTION ARISING BETWEEN ONE MEMBER STATE AND ANOTHER FROM THE FACT THAT THE COMMON PRICES ARE CALCULATED ON THE BASIS OF A RATE OF CONVERSION OF CURRENCIES ( THE GREEN RATE ) WHICH DOES NOT CORRESPOND TO THOSE CURRENCIES ' TRUE RATE OF EXCHANGE .
39 THE COMMISSION EMPHASIZED IN THE COURSE OF THE ORAL PROCEDURE THAT THE FACT THAT IT IS DESIRABLE THAT THE BASIS FOR CALCULATING MONETARY COMPENSATORY AMOUNTS SHOULD BE IDENTICAL FOR INTRA-COMMUNITY TRADE AND TRADE WITH NON-MEMBER COUNTRIES ( A REQUIREMENT WHOSE LEGITIMACY IS NOT CHALLENGED IN PRINCIPLE ), IN CONJUNCTION WITH THE FACT THAT MONETARY COMPENSATORY AMOUNTS ' ' IN PRACTICE OPERATE , IN REGARD TO NON-MEMBER COUNTRIES , AS A SUPPLEMENT TO THE LEVY ' ' , BRINGS ABOUT ' ' CERTAIN IMPERFECTIONS IN RELATION TO INTERNAL TRADE ' ' IN THE SENSE THAT ' ' ONLY RELATIVE NEUTRALITY ' ' IS ENSURED IN INTRA-COMMUNITY TRADE .
40 THIS LINE OF ARGUMENT CANNOT BE UPHELD . BY ESCHEWING THE MAXIMUM POSSIBLE NEUTRALITY OF MONETARY COMPENSATORY AMOUNTS IN INTRA-COMMUNITY TRADE - WHICH IS A FUNDAMENTAL OBJECTIVE OF THE SYSTEM - IN FAVOUR OF THE OBJECTIVE OF PROTECTION WHICH IN CERTAIN TRADING RELATIONS WITH NON-MEMBER COUNTRIES IT IS SOUGHT TO ASCRIBE TO THE SAME MONETARY COMPENSATORY AMOUNTS , THE COMMISSION HAS EXCEEDED THE DISCRETION WHICH IT IS RECOGNIZED TO ENJOY IN THIS FIELD AND HAS DISREGARDED NOT ONLY THE PRINCIPLES WHICH FORM THE BASIS OF REGULATION NO 974/71 BUT ALSO THE RULE SET OUT IN ARTICLE 43 ( 3 ) OF THE TREATY , ACCORDING TO WHICH THE COMMON ORGANIZATION OF THE MARKETS MUST ENSURE CONDITIONS FOR TRADE WITHIN THE COMMUNITY SIMILAR TO THOSE EXISTING IN A NATIONAL MARKET .
41 THE REPLY TO THE QUESTION SUBMITTED SHOULD THEREFORE BE THAT BY ADOPTING IN VARIOUS SUCCESSIVE IMPLEMENTING REGULATIONS , IN PARTICULAR REGULATIONS NOS