OFFAL, OF WHICH ABOUT A QUARTER CAN BE PUT TO ANOTHER USEFUL PURPOSE;
UNDER THE LEGISLATION IT IS PROHIBITED TO WITHHOLD ANIMAL WASTE FROM DESTRUCTION;
UNDER THE LEGISLATION IT IS PROHIBITED TO SET UP, TO BRING INTO OPERATION, TO KEEP IN OPERATION, TO EXTEND OR TO ALTER A RENDERING PLANT WITHOUT A LICENCE AND SUCH A LICENCE MAY BE GRANTED IN ORDER TO ENSURE THAT THERE ARE ADEQUATE FACILITIES FOR DESTRUCTION;
IN THE MEMBER STATE CONCERNED FOUR LICENCES HAVE BEEN ISSUED :;
THE HOLDER OF A LICENCE IS OBLIGED TO COLLECT AND DESTROY ( OR HAVE DESTROYED ) FREE OF CHARGE ALL WASTE MATERIAL IN THE TERRITORY ASSIGNED TO HIM;
THE DESTRUCTION OF POULTRY OFFAL - WHICH IS A REMUNERATIVE ACTIVITY - IS THEREFORE RESTRICTED TO LICENCE-HOLDERS;
ACCORDING TO THE GOVERNMENT CONCERNED THE LEGISLATION ENTAILS A PROHIBITION ON THE EXPORTATION OF WASTE MATERIALS;
HOW SHOULD THE FOLLOWING BE INTERPRETED : ARTICLE 30, ARTICLE 34, ARTICLE 36 AND ARTICLE 37 OF THE EEC TREATY, SINGLY OR IN COMBINATION, 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, SINGLY OR IN COMBINATION, IN VIEW OF THE FACT THAT THE DESTRUCTION OF POULTRY OFFAL IS RESTRICTED SOLELY TO A FEW LICENCE-HOLDERS?"
4 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR AN ACCOUNT OF THE FACTS, THE COURSE OF THE PROCEDURE AND THE OBSERVATIONS SUBMITTED PURSUANT TO ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE, WHICH ARE REFERRED TO OR MENTIONED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
5 THE ESSENTIAL PURPOSE OF THE QUESTION SUBMITTED BY THE NATIONAL COURT IS TO DETERMINE WHETHER NATIONAL RULES WHICH PROVIDE THAT ONLY HOLDERS OF A LICENCE ISSUED BY THE ADMINISTRATIVE AUTHORITIES FOR THE OPERATION OF A RENDERING PLANT, WHO ARE RESPONSIBLE FOR DISPOSING OF ALL ANIMAL WASTE, MAY PROCESS POULTRY OFFAL AND THAT THE PRODUCERS OF SUCH OFFAL MUST DISPOSE OF IT ONLY TO THOSE APPROVED RENDERING PLANTS IN RETURN FOR PAYMENT BY THE LATTER, ARE COMPATIBLE WITH THE PROVISIONS OF THE TREATY CONCERNING QUANTITATIVE RESTRICTIONS ON IMPORTS AND EXPORTS AND MEASURES HAVING AN EQUIVALENT EFFECT AND WITH THOSE CONCERNING NATIONAL MONOPOLIES OF A COMMERCIAL CHARACTER, AND ALSO THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET BY WHICH SUCH OFFAL IS COVERED .
6 IT IS NECESSARY IN THE FIRST PLACE TO DETERMINE WHICH OF THE COMMUNITY PROVISIONS LISTED BY THE NATIONAL COURT ARE APPLICABLE TO THE SITUATION DESCRIBED ABOVE .
7 ARTICLE 37 OF THE TREATY IS NOT APPLICABLE IN THIS CASE . BY MAKING A LICENCE COMPULSORY FOR THE OPERATION OF A RENDERING PLANT AND PROVIDING THAT ANIMAL WASTE, INCLUDING POULTRY OFFAL, MAY BE DISPOSED OF AND PROCESSED ONLY BY THE HOLDERS OF SUCH