Keywords
Summary

Keywords

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FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - OBLIGATION OF PRODUCERS OF POULTRY OFFAL TO DELIVER IT TO APPROVED RENDERING PLANTS - COMPATIBILITY WITH THE TREATY AND THE COMMON ORGANIZATION OF THE MARKETS - CONDITIONS - PROHIBITION OF EXPORTS OF OFFAL - DISPROPORTIONATE MEASURE

( EEC TREATY, ARTS 30, 34 AND 36; REGULATION NO 827/68 OF THE COUNCIL, ART . 4, AND COUNCIL REGULATION NO 2777/75, ART . 11 )

Summary

IT IS NOT INCOMPATIBLE WITH ARTICLES 30 AND 34 OF THE TREATY OR THE CORRESPONDING PROVISIONS OF REGULATIONS NOS 827/68 AND 2777/75 ON THE COMMON ORGANIZATION OF THE MARKETS IN THE SECTORS LIKELY TO BE AFFECTED FOR NATIONAL RULES LAID DOWN IN THE INTERESTS OF THE PROTECTION OF THE HEALTH AND LIFE OF HUMANS AND ANIMALS TO PROVIDE THAT ONLY HOLDERS OF A LICENCE TO OPERATE A RENDERING PLANT ISSUED BY THE ADMINISTRATIVE AUTHORITIES MAY COLLECT AND PROCESS ALL PRODUCTS OF ANIMAL ORIGIN AND THAT PRODUCERS OF POULTRY OFFAL MUST DISPOSE OF IT, AS A WASTE PRODUCT OF ANIMAL ORIGIN, ONLY TO AUTHORIZED LICENCE-HOLDERS, BUT ONLY IN SO FAR AS THOSE RULES DO NOT PLACE IN THE WAY OF IMPORTS FROM AND EXPORTS TO OTHER MEMBER STATES BARRIERS OTHER THAN THOSE JUSTIFIED UNDER ARTICLE 36 OF THE TREATY BY A CONCERN TO SECURE COMPLIANCE, IN THE NATIONAL TERRITORY, WITH HEALTH PROVISIONS GOVERNING THE COLLECTION AND TRANSPORTATION OF PRODUCTS REGARDED AS HARMFUL TO HEALTH . A PROHIBITION OF EXPORTS OF OFFAL DOES NOT APPEAR TO BE NECESSARY FOR THAT PURPOSE PROVIDED THAT THE REQUIREMENTS LAID DOWN BY THOSE PROVISIONS ARE OBSERVED .