CHARGES STILL BE INCREASED TO THE EXTENT OF THE GENERAL RISE IN COSTS?
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2THOSE QUESTIONS ARE REFERRED IN THE CONTEXT OF A DISPUTE BETWEEN THE ADMINISTRATIVE AUTHORITIES OF THE CITY OF FRANKFURT-AM-MAIN AND AN UNDERTAKING IMPORTING GAME ( RED DEER , ROE DEER AND WILD BOAR ) FROM THIRD COUNTRIES WHICH CALLS IN QUESTION THE COMPATIBILITY WITH COMMUNITY LAW OF CHARGES IMPOSED BY THOSE ADMINISTRATIVE AUTHORITIES IN RESPECT OF A HEALTH INSPECTION CARRIED OUT ON THAT MEAT IN JANUARY 1975 .
GENERAL CONSIDERATIONS
3IT APPEARS FROM THE STATEMENT OF GROUNDS OF THE ORDER MAKING THE REFERENCE THAT THE QUESTION ASKED RELATE TO IMPORTS OF MEAT ON THE ASSUMPTION THAT THE MEAT DOES NOT COME WITHIN A COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS .
HOWEVER , IT MUST BE POINTED OUT THAT GAME IS REFERRED TO IN REGULATION NO 827/68 OF THE COUNCIL ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 209 ) ON THE COMMON ORGANIZATION OF THE MARKET IN CERTAIN PRODUCTS LISTED IN ANNEX II TO THE TREATY .
THAT ORGANIZATION OF THE MARKET GOVERNS THE PRODUCTS LISTED IN THE ANNEX TO THE SAID REGULATION , WHICH INCLUDE ALL THE VARIETIES OF MEAT COMING WITHIN TARIFF HEADING 02.04 , ' ' OTHER MEAT AND EDIBLE MEAT OFFALS , FRESH , CHILLED OR FROZEN ' ' , SUBHEADING 02.04 B OF WHICH COVERS GAME EXCEPT WILD BOAR MEAT , WHICH BY VIRTUE OF AN EXPLANATORY NOTE TO THE COMMON CUSTOMS TARIFF COMES UNDER TARIFF SUBHEADING 02.01 A III ( B ), ' ' MEAT AND EDIBLE OFFALS OF THE ANIMALS FALLING WITHIN HEADINGS NOS . 01.01 TO 01.04 , FRESH , CHILLED OR FROZEN . . . III . . . ( B ) OTHER ' ' , WHICH PRODUCTS ARE HOWEVER ALSO GOVERNED BY THE MARKET ORGANIZATION INTRODUCED BY REGULATION NO 827/68 .
ACCORDING TO ARTICLE 2 ( 2 ) OF REGULATION NO 827/68 : ' ' SAVE AS OTHERWISE PROVIDED IN THIS REGULATION , AND SAVE DEROGATIONS DECIDED ON BY THE COUNCIL , ACTING IN ACCORDANCE WITH THE VOTING PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY ON A PROPOSAL FROM THE COMMISSION , . . . THE FOLLOWING SHALL BE PROHIBITED . . .:
- THE LEVYING OF ANY CHARGE HAVING EFFECT EQUIVALENT TO A CUSTOMS DUTY , AND
- THE APPLICATION OF ANY QUANTITATIVE RESTRICTION OR MEASURE HAVING EQUIVALENT EFFECT , SUBJECT TO THE PROVISIONS OF THE PROTOCOL ON THE GRAND DUCHY OF LUXEMBOURG ' ' .
THEREFORE GAME COMES UNDER THAT PROHIBITION AND NOT MERELY UNDER THE MORE LIMITED PROHIBITION , WHICH WAS IMPOSED ON MEMBER STATES AS A RESULT OF THE INTRODUCTION OF THE COMMON CUSTOMS TARIFF , FROM UNILATERALLY INTRODUCING NEW CHARGES HAVING EQUIVALENT EFFECT OR FROM RAISING THE LEVEL OF THOSE IN FORCE PRIOR TO 1 JULY 1968 , THE DATE ON WHICH THE COMMON CUSTOMS TARIFF ENTERED INTO FORCE .
4THESE POINTS ARE TO BE TAKEN INTO ACCOUNT IN ANSWERING