ACCEPT SINCE IT BASED ITS ARGUMENTS EXCLUSIVELY ON THE COMPOUND FEEDINGSTUFFS DIRECTIVE .
8 IN ITS DEFENCE THE FEDERAL REPUBLIC OF GERMANY EXPLAINS THE REASON FOR THE ADOPTION OF THE MEASURE TO WHICH THE COMMISSION OBJECTS . ITS PURPOSE IS TO PROHIBIT CERTAIN UNDESIRABLE PRACTICES IN THE FEEDING OF CALVES . ONE SUCH PRACTICE IS THE USE OF FEEDINGSTUFFS WHICH ARE DEFICIENT IN IRON TO INDUCE ARTIFICIAL ANAEMIA IN CALVES SO AS TO PRODUCE A WHITE MEAT WHICH IS PARTICULARLY HIGHLY REGARDED BY CONSUMERS ; THE OTHER PRACTICE IS THE ADMINISTERING OF EXCESSIVE QUANTITIES OF SALT SO AS TO MAKE THE CALVES ARTIFICIALLY THIRSTY WHICH CAUSES THEM TO ABSORB EXCESSIVE QUANTITIES OF LIQUID FEEDINGSTUFFS IN ORDER TO INCREASE THEIR SLAUGHTER LIVEWEIGHT .
9 FROM A LEGAL POINT OF VIEW THE GERMAN GOVERNMENT ' S ARGUMENTS MAY BE SUMMARIZED AS FOLLOWS :
( A ) ACCORDING TO THE PRINCIPLE OF PROPORTIONALITY , OR , IN THE FORM RELEVANT TO THIS CASE , THE PRINCIPLE OF MINIMUM INTERVENTION , WHEN INTERPRETING MEASURES OF SECONDARY COMMUNITY LAW WHICH ENCROACH UPON THE SOVEREIGNTY OF THE MEMBER STATES , PREFERENCE SHOULD BE GIVEN TO THE INTERPRETATION WHICH KEEPS THE INTERVENTION TO A MINIMUM .
( B)IN ADDITION TO ADDITIVES AND UNDESIRABLE SUBSTANCES , THE USE OR PRESENCE OF WHICH IS THE SPECIFIC SUBJECT OF DIRECTIVES 70/542 AND 74/64 , IT IS NECESSARY TO TAKE ACCOUNT , FOR THE PURPOSE OF APPLYING THOSE DIRECTIVES , OF THE RULES RELATING TO ' CONSTITUENT ELEMENTS ' , THAT IS TO SAY THE SUBSTANCES WHICH ESSENTIALLY DETERMINE THE QUALITY OF FEEDINGSTUFFS . SINCE THE QUESTION OF THE COMPOSITION OF FEEDINGSTUFFS IS NOT REGULATED BY THE DIRECTIVE IN QUESTION , THAT IS TO SAY THE COMPOUND FEEDINGSTUFFS DIRECTIVE , THAT QUESTION CONTINUES TO LIE WITHIN THE REMIT OF THE MEMBER STATES . IT IS FOR THAT REASON THAT THE RULES OF WHICH THE COMMISSION COMPLAINS ARE JUSTIFIED . MOREOVER , ARTICLE 8 OF THE COMPOUND FEEDINGSTUFFS DIRECTIVE EXPRESSLY RESERVED TO THE MEMBER STATES THE POWER TO LIMIT THE MARKETING OF COMPOUND FEEDINGSTUFFS TO THOSE WHICH ARE OBTAINED FROM CERTAIN INGREDIENTS OR WHICH ARE FREE FROM CERTAIN INGREDIENTS .
( C)THE CONTESTED MEASURE IS JUSTIFIED FOR THE PROTECTION OF ANIMAL HEALTH , WHICH FALLS WITHIN THE POWERS RESERVED TO THE MEMBER STATES BY ARTICLE 36 . THAT POWER IS REAFFIRMED IN ARTICLE 3 OF THE COMPOUND FEEDINGSTUFFS DIRECTIVE ACCORDING TO WHICH THE MEMBER STATES MUST ENSURE THAT COMPOUND FEEDINGSTUFFS ARE WHOLESOME AND DO NOT REPRESENT A DANGER TO HEALTH .
( D)FINALLY , THE COMMISSION MISINTERPRETED ARTICLE 15 OF THE COMPOUND FEEDINGSTUFFS DIRECTIVE WHICH REQUIRES IT , ON THE BASIS OF EXPERIENCE ACQUIRED , TO FORWARD TO THE COUNCIL WITHIN A CERTAIN PERIOD PROPOSALS FOR AMENDMENTS TO THE DIRECTIVE SUCH AS TO ACHIEVE FREE MOVEMENT OF COMPOUND FEEDINGSTUFFS AND TO ELIMINATE CERTAIN DISPARITIES CONCERNING IN PARTICULAR THE USE OF INGREDIENTS . SINCE THE COMMISSION HAS NOT TAKEN APPROPRIATE STEPS , THE GERMAN GOVERNMENT IS AUTHORIZED TO ADOPT AT NATIONAL LEVEL SUCH