Keywords
Summary

Keywords

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1 . Agriculture - Approximation of laws - Additives in feedingstuffs - Directive 70/524 before its amendment by Directive 84/587 - Identification and purity of additives - Complete harmonization - Measures of health conrol applicable to traders - Absence of harmonization allowing national measures under Article 36 of the Treaty

( EEC Treaty, Art . 36; Council Directive 70/524, as amended )

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Importations of feedingstuffs containing additives subject to prior authorization

( EEC Treaty, Art . 30 )

3 . Agriculture - Approximation of laws - Additives in feedingstuffs - Check sampling provided for by Directive 70/524 - Levy charged to cover costs of control - Compatibility with the directive and Articles 9 and 95 of the Treaty

( EEC Treaty, Art . 9 and 95; Council Directive 70/524, as amended )

Summary

1 . Directive 70/524 concerning additives in feedingstuffs, as amended up to the adoption of Directive 84/587, provided for harmonization which precluded Member States from relying on Article 36 of the Treaty in order to impose, on the importation from other Member States of feedingstuffs containing additives, national measures intended to ensure the identification and the purity of the additives in question . It did not, on the other hand, provide for harmonization of such a nature as to deprive Member States of recourse to Article 36 of the Treaty as regards measures of health control applicable to the traders concerned .

2 . Article 30 of the Treaty must be interpreted as meaning that a national measure which subjects the importation of feedingstuffs containing additives to prior authorization constitutes a measure having an effect equivalent to quantitative restrictions on imports within the meaning of Article 30 of the Treaty .

3 . An annual levy charged by a Member State in like manner on importers and national producers of feedingstuffs containing additives and intended to cover the costs incurred by the State in checking samples taken pursuant to Directive 70/524 is compatible with Articles 9 and 95 of the Treaty and the provisions of that directive .