HAVE THE EFFECT OF EXEMPTING AGRICULTURAL PRODUCERS FROM ANY NATIONAL PROVISIONS INTENDED TO ATTAIN OBJECTIVES OTHER THAN THOSE COVERED BY THE COMMON ORGANIZATION, EVEN THOUGH SUCH PROVISIONS MAY HAVE AN IMPACT ON THE OPERATION OF THE MARKET IN THE SECTOR CONCERNED ( SEE JUDGMENT OF 1*APRIL 1982 IN JOINED CASES 141 TO 143/81 HOLDIJK AND OTHERS (( 1982 )) ECR 1299 ).
13 BUT NATIONAL RULES FALL WITHIN THE DEROGATION PROVIDED FOR IN ARTICLE 36 ONLY WHERE THE HEALTH AND LIFE OF HUMANS AND ANIMALS CANNOT BE AS EFFECTIVELY PROTECTED BY MEASURES LESS RESTRICTIVE OF INTRA-COMMUNITY TRADE .
14 WITH RESPECT, IN THE FIRST PLACE, TO THE OBLIGATION TO DELIVER POULTRY OFFAL ONLY TO LICENSED RENDERING PLANTS TO THE EXCLUSION OF ANY OTHER OPERATOR CARRYING ON BUSINESS WITHIN THE NATIONAL TERRITORY, THE NETHERLANDS GOVERNMENT ARGUED CONVINCINGLY THAT THAT OBLIGATION WAS ESSENTIAL IN ORDER TO MAINTAIN THE OVERALL EFFECTIVENESS OF THE SYSTEM SET UP BY THE DESTRUCTIEWET, WITH A VIEW TO ENSURING THAT ALL ANIMAL WASTE WAS REMOVED AND DISPOSED OF IN A MANNER PROVIDING ALL THE REQUIRED SAFEGUARDS FOR THE LIFE AND HEALTH OF HUMANS AND ANIMALS .
15 IN THOSE CIRCUMSTANCES, IT IS IRRELEVANT THAT THE POULTRY OFFAL CAN, AFTER PROCESSING, YIELD A PRODUCT WHICH CAN BE MARKETED BY THE RENDERING PLANTS, THUS ENSURING THEIR PROFITABILITY . AS THE COURT ACKNOWLEDGED IN ITS JUDGMENT OF 10 JULY 1984 IN CASE 72/83 CAMPUS OIL LTD V MINISTER FOR INDUSTRY AND ENERGY AND OTHERS (( 1984 )) ECR 2727, THE MERE FACT THAT NATIONAL PROVISIONS, JUSTIFIED BY OBJECTIVE CIRCUMSTANCES CORRESPONDING TO THE NEEDS OF THE INTERESTS REFERRED TO THEREIN, ENABLE OTHER OBJECTIVES OF AN ECONOMIC NATURE TO BE ACHIEVED AS WELL, DOES NOT EXCLUDE THE APPLICATION OF ARTICLE 36 . THAT APPLIES WITH GREATER FORCE WHERE THE OBJECTIVE OF AN ECONOMIC NATURE NECESSARILY ENABLES THE OBJECTIVE RELATING TO HEALTH TO BE ATTAINED .
16 WITH RESPECT, IN THE SECOND PLACE, TO THE IMPLIED PROHIBITION OF EXPORTS, IT MUST BE STATED THAT, IN ORDER TO ATTAIN THE OBJECTIVE PURSUED BY PROVISIONS WHICH ARE DESIGNED TO ENSURE THAT ALL THE MEASURES REQUIRED TO SAFEGUARD HEALTH ARE TAKEN WHEN ANIMAL WASTE IS DISPOSED OF, IT DOES NOT APPEAR NECESSARY TO PROHIBIT THE EXPORTATION OF POULTRY OFFAL, PROVIDED THAT THE CONDITIONS RELATING TO HEALTH LAID DOWN BY THOSE PROVISIONS ARE SATISFIED WITH RESPECT TO REMOVAL AND TRANSPORT ON NATIONAL TERRITORY .
17 CONSEQUENTLY, IT MUST BE STATED IN REPLY TO THE QUESTION SUBMITTED BY THE GERECHTSHOF, ARNHEM, THAT IT IS NOT INCOMPATIBLE WITH REGULATION ( EEC ) NO 827/68 OF THE COUNCIL OF 28 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN CERTAIN PRODUCTS LISTED IN ANNEX II TO THE TREATY AND REGULATION ( EEC ) NO 2777/75 OF THE COUNCIL OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN POULTRY-MEAT 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