NEVERTHELESS IT DOES NOT AUTOMATICALLY FOLLOW THAT EACH OF THE CONDITIONS TO WHICH THE NATIONAL AUTHORITY SUBJECTS THE GRANT OF SUCH AUTHORIZATION ITSELF COMPLIES WITH WHAT IS PERMITTED BY ARTICLE 36 . IT IS IN EACH CASE FOR THE NATIONAL COURTS , AS HAS BEEN INDICATED ABOVE , TO DETERMINE WHETHER THESE CONDITIONS ARE NECESSARY TO ATTAIN THE OBJECTIVE WHICH ARTICLE 36 ALLOWS TO BE SOUGHT , TAKING INTO ACCOUNT THE RULE ALREADY MENTIONED ABOVE THAT IT MUST BE THE DUTY OF A NATIONAL AUTHORITY RELYING ON ARTICLE 36 TO PROVE THAT THE MEASURES WHICH IT IMPOSES SATISFY THESE CRITERIA .
II - ARTICLE 9 OF THE EEC TREATY
29 FINALLY THE NATIONAL COURT ASKS THE COURT TO INTERPRET THE APPLICATION OF ARTICLE 9 OF THE TREATY IN RELATION TO THE FACT THAT THE PLAINTIFF IN THE MAIN ACTION HAS TO PAY A FEE FOR THE GRANT OF THE ABOVE-MENTIONED EXEMPTION FROM THE VIEHSEUCHENVERORDNUNG 1957 .
30 ARTICLE 9 OF THE TREATY CONTAINS THE PROHIBITION BETWEEN MEMBER STATES OF CUSTOMS DUTIES AND OF ALL TAXES HAVING EQUIVALENT EFFECT . SINCE THAT PROHIBITION DOES NOT ADMIT OF ANY DISTINCTION ACCORDING TO THE AIM IN VIEW IN LEVYING THE PECUNIARY CHARGES FOR THE ABOLITION OF WHICH IT PROVIDES , IT ALSO INCLUDES FEES DEMANDED FOR VETERINARY AND PUBLIC HEALTH INSPECTIONS CARRIED OUT BY REASON OF THE IMPORTATION OF GOODS . THE POSITION WOULD BE DIFFERENT ONLY IF THE PECUNIARY CHARGES RELATED TO A GENERAL SYSTEM OF INTERNAL DUES APPLIED SYSTEMATICALLY IN ACCORDANCE WITH THE SAME CRITERIA TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS ALIKE OR IF THOSE CHARGES WERE REMUNERATION FOR A SERVICE ACTUALLY RENDERED TO THE IMPORTER . FEES SUCH AS THOSE PROVIDED FOR BY THE LICENCE OBTAINED IN THIS CASE APPLY ONLY TO IMPORTED PRODUCTS . THEY ARE NOT REMUNERATION FOR A SERVICE RENDERED TO THE IMPORTER EITHER , BECAUSE THE OPERATIONS OF A STATE ADMINISTRATION WHICH ARE DESIGNED TO MAINTAIN IN THE PUBLIC INTEREST A SYSTEM OF VETERINARY AND HEALTH INSPECTIONS - EVEN IF THAT SYSTEM WAS ORGANIZED IN THE FORM OF MEASURES WHICH ARE INDIVIDUAL , DEROGATORY AND MORE FLEXIBLE THAN A GENERAL SUPERVISORY SYSTEM - CANNOT BE REGARDED AS A SERVICE RENDERED TO THE IMPORTER OF SUCH A KIND AS TO JUSTIFY THE LEVY OF A PECUNIARY CHARGE IN CONSIDERATION THEREOF .
31 IT FOLLOWS THAT ARTICLE 9 OF THE TREATY MUST BE INTERPRETED AS MEANING THAT A PECUNIARY CHARGE LEVIED FOR REASONS CONNECTED WITH VETERINARY AND PUBLIC HEALTH CHECKS , EVEN IF SUCH CHECKS TAKE THE FORM OF A SYSTEM OF INDIVIDUAL IMPORT LICENCES AND EVEN IF THIS SYSTEM IS JUSTIFIED WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY IS A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY AND CONSEQUENTLY PROHIBITED .
Decision on costs
COSTS
32 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN