A REASONABLE TIME, FOR THE USE OF SPECIFIC ADDITIVES TO BE AUTHORIZED BY A MEASURE OF GENERAL APPLICATION .
46 IT SHOULD BE POINTED OUT THAT IT MUST BE OPEN TO TRADERS TO CHALLENGE BEFORE THE COURTS AN UNJUSTIFIED FAILURE TO GRANT AUTHORIZATION . WITHOUT PREJUDICE TO THE RIGHT OF THE COMPETENT NATIONAL AUTHORITIES OF THE IMPORTING MEMBER STATE TO ASK TRADERS TO PRODUCE THE INFORMATION IN THEIR POSSESSION WHICH MAY BE USEFUL FOR THE PURPOSE OF ASSESSING THE FACTS, IT IS FOR THOSE AUTHORITIES TO DEMONSTRATE, AS THE COURT HELD IN ITS JUDGMENT OF 6 MAY 1986 IN THE MULLER CASE, CITED ABOVE, THAT THE PROHIBITION IS JUSTIFIED ON GROUNDS RELATING TO THE PROTECTION OF THE HEALTH OF ITS POPULATION .
47 IT MUST BE OBSERVED THAT THE GERMAN RULES ON ADDITIVES APPLICABLE TO BEER RESULT IN THE EXCLUSION OF ALL THE ADDITIVES AUTHORIZED IN THE OTHER MEMBER STATES AND NOT THE EXCLUSION OF JUST SOME OF THEM FOR WHICH THERE IS CONCRETE JUSTIFICATION BY REASON OF THE RISKS WHICH THEY INVOLVE IN VIEW OF THE EATING HABITS OF THE GERMAN POPULATION; MOREOVER THOSE RULES DO NOT LAY DOWN ANY PROCEDURE WHEREBY TRADERS CAN OBTAIN AUTHORIZATION FOR THE USE OF A SPECIFIC ADDITIVE IN THE MANUFACTURE OF BEER BY MEANS OF A MEASURE OF GENERAL APPLICATION .
48 AS REGARDS MORE SPECIFICALLY THE HARMFULNESS OF ADDITIVES, THE GERMAN GOVERNMENT, CITING EXPERTS' REPORTS, HAS REFERRED TO THE RISKS INHERENT IN THE INGESTION OF ADDITIVES IN GENERAL . IT MAINTAINS THAT IT IS IMPORTANT, FOR REASONS OF GENERAL PREVENTIVE HEALTH PROTECTION, TO MINIMIZE THE QUANTITY OF ADDITIVES INGESTED, AND THAT IT IS PARTICULARLY ADVISABLE TO PROHIBIT ALTOGETHER THEIR USE IN THE MANUFACTURE OF BEER, A FOODSTUFF CONSUMED IN CONSIDERABLE QUANTITIES BY THE GERMAN POPULATION .
49 HOWEVER, IT APPEARS FROM THE TABLES OF ADDITIVES AUTHORIZED FOR USE IN THE VARIOUS FOODSTUFFS SUBMITTED BY THE GERMAN GOVERNMENT ITSELF THAT SOME OF THE ADDITIVES AUTHORIZED IN OTHER MEMBER STATES FOR USE IN THE MANUFACTURE OF BEER ARE ALSO AUTHORIZED UNDER THE GERMAN RULES, IN PARTICULAR THE REGULATION ON ADDITIVES, FOR USE IN THE MANUFACTURE OF ALL, OR VIRTUALLY ALL, BEVERAGES . MERE REFERENCE TO THE POTENTIAL RISKS OF THE INGESTION OF ADDITIVES IN GENERAL AND TO THE FACT THAT BEER IS A FOODSTUFF CONSUMED IN LARGE QUANTITIES DOES NOT SUFFICE TO JUSTIFY THE IMPOSITION OF STRICTER RULES IN THE CASE OF BEER .
50 AS REGARDS THE NEED, AND IN PARTICULAR THE TECHNOLOGICAL NEED, FOR ADDITIVES, THE GERMAN GOVERNMENT ARGUES THAT THERE IS NO NEED FOR ADDITIVES IF BEER IS MANUFACTURED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 9 OF THE BIERSTEUERGESETZ .
51 IT MUST BE EMPHASIZED THAT MERE REFERENCE TO THE FACT THAT BEER CAN BE MANUFACTURED WITHOUT ADDITIVES IF IT IS MADE FROM ONLY THE RAW MATERIALS PRESCRIBED IN THE FEDERAL REPUBLIC OF GERMANY DOES NOT SUFFICE TO PRECLUDE THE POSSIBILITY THAT SOME ADDITIVES MAY MEET A TECHNOLOGICAL NEED . SUCH AN INTERPRETATION OF THE CONCEPT OF TECHNOLOGICAL NEED, WHICH