TO WHICH THE PRESERVATIVES AUTHORIZED BY THE DIRECTIVE MAY BE ADDED .
7 BY VIRTUE OF THE PROVISIONS OF DIRECTIVE NO 70/357 , ESPECIALLY ARTICLES 1 AND 9 THEREOF AND THE PREAMBLE , THE SAME SCHEME HAS BEEN ADOPTED IN RESPECT OF ANTIOXIDANTS . LACTIC ACID AND CITRIC ACID APPEAR IN THE ANNEX TO THAT DIRECTIVE .
8 ACCORDINGLY , AT THE PRESENT STAGE IN THE APPROXIMATION OF NATIONAL LAWS RELATING TO PRESERVATIVES AND ANTIOXIDANTS MEMBER STATES ARE NOT BOUND TO AUTHORIZE FOR USE IN FOODSTUFFS ALL THE SUBSTANCES THE USE OF WHICH IS PERMITTED BY THE TWO DIRECTIVES . THE MEMBER STATES HAVE RETAINED A CERTAIN DISCRETION TO DETERMINE THEIR OWN RULES CONCERNING THE ADDITION OF PRESERVATIVES AND ANTIOXIDANTS TO FOODSTUFFS , SUBJECT TO THE TWOFOLD CONDITION THAT NO PRESERVATIVE OR ANTIOXIDANT MAY BE AUTHORIZED UNLESS IT APPEARS IN ONE OF THE LISTS ANNEXED TO THE DIRECTIVES AND THAT THE USE OF A PRESERVATIVE OR ANTIOXIDANT WHICH IS LISTED THERE MAY NOT BE TOTALLY PROHIBITED .
9 IT SHOULD BE NOTED THAT THE TWO DIRECTIVES IN QUESTION CONCERN THE USE OF PRESERVATIVES OR ANTIOXIDANTS IN FOODSTUFFS ; AS FAR AS THE MARKETING OF SUCH SUBSTANCES IS CONCERNED THE DIRECTIVES MERELY IMPOSE AN OBLIGATION ON MEMBER STATES , LAID DOWN IN ARTICLE 9 OF DIRECTIVE NO 64/54 AND ARTICLE 8 OF DIRECTIVE NO 70/357 , TO TAKE ALL MEASURES NECESSARY TO ENSURE THAT THE SUBSTANCES ARE PLACED ON THE MARKET ONLY IF THEIR PACKAGINGS OR CONTAINERS BEAR CERTAIN INFORMATION .
10 IN VIEW OF THOSE PROVISIONS , AND AS THE USE OF THE PRESERVATIVES AND ANTIOXIDANTS LISTED IN THE TWO DIRECTIVES MAY NOT BE PROHIBITED FOR ALL FOODSTUFFS , A GENERAL PROHIBITION AGAINST THE MARKETING OF SUCH SUBSTANCES WOULD , HOWEVER , RESULT IN HINDERING THE APPLICATION OF THE COMMUNITY RULES AND MUST THEREFORE BE CONSIDERED AS CONTRARY TO THE OBJECTIVES OF THE TWO DIRECTIVES .
11 THE REPLY TO THE FIRST QUESTION SHOULD THEREFORE BE THAT DIRECTIVES NO 64/54 AND NO 70/357 REQUIRE MEMBER STATES NOT TO AUTHORIZE THE USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION OF PRESERVATIVES OR ANTIOXIDANTS WHICH ARE NOT INCLUDED IN THE LISTS ANNEXED TO THOSE DIRECTIVES . HOWEVER , THE MEMBER STATES ' FREEDOM TO PROHIBIT OR TO AUTHORIZE THE USE OF SUCH SUBSTANCES MUST NOT HAVE THE EFFECT OF TOTALLY EXCLUDING THE USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION OF ANY OF THE PRESERVATIVES OR ANTIOXIDANTS INCLUDED IN THOSE LISTS , OR OF PREVENTING ALL MARKETING OF SUCH A SUBSTANCE .
12 THE SECOND QUESTION ASKED BY THE TRIBUNAL REQUESTS THE COURT FOR A RULING AS TO WHETHER A NATIONAL OF A MEMBER STATE MAY RELY UPON THE PROVISIONS OF DIRECTIVES NO 64/54 AND NO 70/357 WHERE THE NATIONAL LAWS APPLICABLE IN THE MATTER ARE CONTRARY TO THOSE DIRECTIVES .
13 THE JUDGMENT MAKING THE REFERENCE MAKES IT APPARENT THAT THE TRIBUNAL ASKED THAT QUESTION IN ORDER TO ESTABLISH WHETHER THE PROVISIONS OF THE TWO DIRECTIVES WHICH ARE CONCERNED IN THE FIRST QUESTION