TO BE CLASSIFIED FOR THE PURPOSE OF SOCIAL SECURITY CONTRIBUTIONS IN RESPECT OF THE LABOUR IT EMPLOYS AS AN AGRICULTURAL AND NOT INDUSTRIAL UNDERTAKING AND THEREFORE TO MAKE PAYMENT ONLY TO THE SERVIZIO DEI CONTRIBUTI AGRICOLI UNIFICATI OF THE ABOVE-MENTIONED CONTRIBUTIONS AT THE RATES APPLICABLE TO AGRICULTURAL UNDERTAKINGS WHICH IT SEEMS ARE LESS THAN THOSE APPLICABLE TO INDUSTRIAL UNDERTAKINGS AND DEMANDED OF THE PLAINTIFF COMPANY BY THE ISTITUTO .
3FIRST IT IS NECESSARY TO CONSIDER QUESTION 1 ( B ) PUT BY THE NATIONAL COURT WHICH ASKS WHETHER THE COMMUNITY HAS ADOPTED A COMMUNITY CONCEPT OF AN AGRICULTURAL HOLDING FOR THE PURPOSES OF IDENTIFYING HOLDINGS OF THIS NATURE AND WHETHER THE MEMBER STATES ARE ACCORDINGLY OBLIGED TO EMPLOY THE CONCEPTS PROVIDED IN THE TREATY AND THE SAID REGULATIONS IN ORDER TO IDENTIFY THE AGRICULTURAL HOLDINGS TO WHICH THE PRINCIPLES LAID DOWN AT COMMUNITY LEVEL AND THOSE EVOLVED BY THE VARIOUS NATIONAL LEGAL SYSTEMS WITH REGARD TO SOCIAL SECURITY .
4AN ANSWER IN THE NEGATIVE TO THE FIRST PART OF THIS QUESTION WOULD RENDER THE OTHER QUESTIONS SUPERFLUOUS .
5ARTICLE 38 ( 1 ) OF THE TREATY PROVIDES THAT ' ' THE COMMON MARKET SHALL EXTEND TO AGRICULTURE AND TRADE IN AGRICULTURAL PRODUCTS ' ' .
6THE ARTICLE CONTINUES ' ' ' AGRICULTURAL PRODUCTS ' MEANS THE PRODUCTS OF THE SOIL , OF STOCKFARMING AND OF FISHERIES AND PRODUCTS OF FIRST-STAGE PROCESSING DIRECTLY RELATED TO THESE PRODUCTS ' ' , ALL OF WHICH ARE LISTED IN ANNEX II OF THE TREATY .
7ARTICLE 39 ( 2 ) OF THE TREATY PROVIDES THAT IN WORKING OUT THE COMMON AGRICULTURAL POLICY AND THE SPECIAL METHODS FOR ITS APPLICATION , ACCOUNT SHALL BE TAKEN OF THE PARTICULAR NATURE OF AGRICULTURAL ACTIVITY , WHICH RESULTS FROM THE SOCIAL STRUCTURE OF AGRICULTURE AND FROM STRUCTURAL AND NATURAL DISPARITIES BETWEEN THE VARIOUS AGRICULTURAL REGIONS .
8 ON THE OTHER HAND SINCE THE TREATY CONTAINS NO PRECISE DEFINITION OF AGRICULTURE AND STILL LESS OF AGRICULTURAL HOLDING , IT IS FOR THE COMMUNITY INSTITUTIONS TO WORK OUT , WHERE APPROPRIATE , FOR THE PURPOSES OF THE RULES DERIVING FROM THE TREATY SUCH A DEFINITION OF AGRICULTURAL HOLDING .
9ALTHOUGH THE WORDS ' ' AGRICULTURAL HOLDING ' ' ARE USED IN VARIOUS PLACES IN THE COMMUNITY RULES , INCLUDING THE REGULATIONS REFERRED TO IN THE ORDER FOR REFERENCE , ADOPTED BY THE COUNCIL OR IN CERTAIN CASES BY THE COMMISSION , IN THE SPHERE OF AGRICULTURE , THE DEFINITION OF THESE WORDS IS FAR FROM BEING UNIFORM THROUGHOUT THESE RULES , WHICH ARE IN ANY CASE HETEROGENEOUS , BUT ON THE CONTRARY VARIES ACCORDING TO THE SPECIFIC OBJECTIVES PURSUED BY THE COMMUNITY RULES IN QUESTION .
10EVEN IN THE RESTRICTED AREA OF STATISTICS TO WHICH THE REGULATIONS MENTIONED IN THE ORDER FOR REFERENCE REFER , THE DEFINITIONS OF AGRICULTURAL HOLDING CONTAINED IN THE COMMUNITY MEASURES ARE NOT IDENTICAL .
11THUS BY WAY OF EXAMPLE ARTICLE 2 OF REGULATION NO 70/66 , ON THE ORGANIZATION OF THE BASIC SURVEY AS PART