OTHER MEMBER STATE OF ARTICLES WHICH ARE OF AN INDECENT OR OBSCENE CHARACTER AS UNDERSTOOD BY ITS DOMESTIC LAWS AND THAT SUCH PROHIBITIONS MAY LAWFULLY BE APPLIED TO THE WHOLE OF ITS NATIONAL TERRITORY EVEN IF , IN REGARD TO THE FIELD IN QUESTION , VARIATIONS EXIST BETWEEN THE LAWS IN FORCE IN THE DIFFERENT CONSTITUENT PARTS OF THE MEMBER STATE CONCERNED .
FOURTH , FIFTH AND SIXTH QUESTIONS
18 THE FOURTH , FIFTH AND SIXTH QUESTIONS ARE FRAMED IN THE FOLLOWING TERMS :
' ' 4 . IF A PROHIBITION ON THE IMPORTATION OF GOODS IS JUSTIFIABLE ON GROUNDS OF PUBLIC MORALITY OR PUBLIC POLICY , AND IMPOSED WITH THAT PURPOSE , CAN THAT PROHIBITION NEVERTHELESS AMOUNT TO A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE CONTRARY TO ARTICLE 36?
5 . IF THE ANSWER TO QUESTION 4 IS IN THE AFFIRMATIVE , DOES THE FACT THAT THE PROHIBITION IMPOSED ON THE IMPORTATION OF SUCH GOODS IS DIFFERENT IN SCOPE FROM THAT IMPOSED BY THE CRIMINAL LAW UPON THE POSSESSION AND PUBLICATION OF SUCH GOODS WITHIN THE MEMBER STATE OR ANY PART OF IT NECESSARILY CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES SO AS TO CONFLICT WITH THE REQUIREMENTS OF THE SECOND SENTENCE OF ARTICLE 36?
6 . IF IT BE THE FACT THAT THE PROHIBITION IMPOSED UPON IMPORTATION IS , AND A PROHIBITION SUCH AS IS IMPOSED UPON POSSESSION AND PUBLICATION IS NOT , CAPABLE AS A MATTER OF ADMINISTRATION OF BEING APPLIED BY CUSTOMS OFFICIALS RESPONSIBLE FOR EXAMINING GOODS AT THE POINT OF IMPORTATION , WOULD THAT FACT HAVE ANY BEARING UPON THE ANSWER TO QUESTION 5?
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19 IN THESE QUESTIONS THE HOUSE OF LORDS TAKES ACCOUNT OF THE APPELLANTS ' SUBMISSIONS BASED UPON CERTAIN DIFFERENCES BETWEEN , ON THE ONE HAND , THE PROHIBITION ON IMPORTING THE GOODS IN QUESTION , WHICH IS ABSOLUTE , AND , ON THE OTHER , THE LAWS IN FORCE IN THE VARIOUS CONSTITUENT PARTS OF THE UNITED KINGDOM , WHICH APPEAR TO BE LESS STRICT IN THE SENSE THAT THE MERE POSSESSION OF OBSCENE ARTICLES FOR NON-COMMERCIAL PURPOSES DOES NOT CONSTITUTE A CRIMINAL OFFENCE ANYWHERE IN THE UNITED KINGDOM AND THAT , EVEN IF IT IS GENERALLY FORBIDDEN , TRADE IN SUCH ARTICLES IS SUBJECT TO CERTAIN EXCEPTIONS , NOTABLY THOSE IN FAVOUR OF ARTICLES HAVING SCIENTIFIC , LITERARY , ARTISTIC OR EDUCATIONAL INTEREST . HAVING REGARD TO THOSE DIFFERENCES THE QUESTION HAS BEEN RAISED WHETHER THE PROHIBITION ON IMPORTS MIGHT NOT COME WITHIN THE SECOND SENTENCE OF ARTICLE 36 .
20 ACCORDING TO THE SECOND SENTENCE OF ARTICLE 36 THE RESTRICTIONS ON IMPORTS REFERRED TO IN THE FIRST SENTENCE MAY NOT ' ' CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES ' ' .
21 IN ORDER TO ANSWER THE QUESTIONS WHICH HAVE BEEN REFERRED TO THE COURT IT IS APPROPRIATE TO HAVE REGARD TO THE FUNCTION OF THIS