IS , IN ADDITION , VALID IN ACCORDANCE WITH THE APPLICATION ONLY FOR GOODS OF A SPECIFIC QUANTITY AND ORIGIN AND ONLY FOR TRANSPORTATION VIA SPECIFIC CUSTOMS POSTS TO SPECIFIC CONSIGNEES ,
- A CERTIFICATE FROM THE VETERINARY AUTHORITY OF THE EXPORTING COUNTRY AS TO THE COMPOSITION AND METHOD OF PROCESSING OF THE FEEDING-STUFFS TO BE IMPORTED MUST BE PRODUCED IN RESPECT OF EACH INDIVIDUAL CONSIGNMENT ,
- IMPORTATION IN PLASTIC BAGS IS ONLY PERMITTED IF THE BAGS ARE NEW AND ARE DESTROYED AFTER BEING EMPTIED , AND
- AN ADMINISTRATION FEE OF NOT LESS THAN DM 5 AND NOT MORE THAN DM 50 IS CHARGED IN RESPECT OF EACH LICENCE ,
IF , ON THE OTHER HAND , A PROVISION OF THE LAW RELATING TO INFECTIOUS DISEASES OF ANIMALS OF THE IMPORTING COUNTRY PROVIDES WITH REGARD TO DOMESTIC PRODUCTION IN GENERAL FOR THE SUPERVISION BY THE VETERINARY AUTHORITY OF THE INSTALLATIONS FOR THE COMMERCIAL MANUFACTURE OF FEEDING-STUFFS WHICH CONTAIN PRODUCTS OF ANIMAL ORIGIN , AND , ON THE OTHER , THERE IS NO COMPARABLE PROVISION IN THE EXPORTING COUNTRY BUT THE EXPORTING MANUFACTURING UNDERTAKING IS , HOWEVER , SUBJECT TO AN OFFICIAL CONTROL WHICH IS AT LEAST COMPARABLE TO THE SUPERVISION CARRIED OUT IN THE IMPORTING COUNTRY?
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2 THIS QUESTION HAS BEEN RAISED IN AN ACTION BROUGHT BY A TRADER WHO IMPORTS INTO THE FEDERAL REPUBLIC OF GERMANY FROM THE NETHERLANDS FEEDING-STUFFS CONTAINING PRODUCTS OF ANIMAL ORIGIN - IN THIS CASE SUBSTITUTE MILK-BASED FEEDING-STUFFS ( MILCHAUSTAUSCHFUTTER ) - AGAINST THE MINISTER FUR ERNAHRUNG , LANDWIRTSCHAFT UND FORSTEN DES LANDES NORDRHEIN-WESTFALEN ( MINISTER FOR FOOD , AGRICULTURE AND FORESTRY OF THE LAND OF NORTH RHINE-WESTPHALIA ). THIS TRADER CALLS IN QUESTION THE COMPATIBILITY OF CERTAIN PROVISIONS OF THE REGULATION OF 18 SEPTEMBER 1957 OF THE LAND IN QUESTION ON ANIMAL HEALTH MEASURES APPLICABLE ON THE IMPORTATION AND TRANSIT OF FEEDING-STUFFS CONTAINING PRODUCTS OF ANIMAL ORIGIN FROM ABROAD ( HEREINAFTER REFERRED TO AS THE ' ' VIEHSEUCHENVERORDNUNG ( REGULATION ON INFECTIOUS DISEASES OF ANIMALS ) 1957 ' ' WITH ARTICLES 30 AND 36 AND ALSO WITH ARTICLE 9 OF THE TREATY RELATING RESPECTIVELY TO THE PROHIBITION OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RETRICTIONS AND OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES IN INTRA-COMMUNITY TRADE AND ALSO WITH THE PROVISIONS OF REGULATION ( EEC ) NO 804/68 OF THE COUNCIL OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 176 ) AND OF REGULATION ( EEC ) NO 2725/75 OF THE COUNCIL OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( OFFICIAL JOURNAL L 281 , P . 1 ) WHICH ENACT OR IMPLY THE SAME PROHIBITIONS .
3 IT MUST BE STRESSED THAT SINCE 31 DECEMBER 1969 , THE DATE WHEN THE TRANSITIONAL PERIOD CAME TO AN END , ARTICLES 9 AND 30 OF THE TREATY HAVE DIRECT EFFECT AND