ITSELF OF THE POSSIBILITY OF EXEMPTION PROVIDED FOR IN ARTICLE 14A ( 2 ) ( C ) BY ADOPTING THE COMMUNITY ROAD TRANSPORT RULES ( EXEMPTIONS ) REGULATIONS 1978 , WHICH WERE SUBSEQUENTLY AMENDED , THE PROVISIONS OF REGULATION NO 3 BEING IDENTICAL TO THOSE OF ARTICLE 14A ( 2 ) ( C ) CITED ABOVE .
7 BEFORE THE NATIONAL COURT , THE THREE RESPONDENT UNDERTAKINGS SOUGHT TO RELY UPON THE EXEMPTION PROVIDED FOR IN ARTICLE 14A ( 2 ) ( C ). THEY CLAIMED THAT THE TRANSPORT OPERATIONS IN RESPECT OF WHICH CRIMINAL PROCEEDINGS HAD BEEN BROUGHT AGAINST THEM FELL WITHIN THE SCOPE OF THAT EXEMPTION AND THAT CONSEQUENTLY THEY WERE NOT BOUND TO OBSERVE THE COMMUNITY REQUIREMENTS REGARDING THE OBLIGATION TO FIT TACHOGRAPHS TO VEHICLES USED FOR THE CARRIAGE OF GOODS BY ROAD OR THE OBLIGATION FOR THE CREWS OF SUCH VEHICLES TO CARRY AN INDIVIDUAL CONTROL BOOK .
8 IN THOSE CIRCUMSTANCES THE NATIONAL COURT STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT :
' ' 1 . DOES THE REFERENCE IN PARAGRAPH 2 ( C ) OF ARTICLE 14A OF COUNCIL REGULATION ( EEC ) NO 543/69 OF 25 MARCH 1969 ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT ( AS AMENDED BY COUNCIL REGULATION ( EEC ) NO 515/72 OF 28 FEBRUARY 1972 AND COUNCIL REGULATION ( EEC ) NO 2827/77 OF 12 DECEMBER 1977 ) ( HEREINAFTER REFERRED TO AS ' THE REGULATION ' ) TO ' ANIMAL CARCASES ' APPLY :
( A ) TO ALL ANIMAL CARCASES IRRESPECTIVE OF WHETHER INTENDED FOR HUMAN CONSUMPTION , OR
( B)ONLY TO ANIMAL CARCASES WHICH ARE NOT INTENDED FOR HUMAN CONSUMPTION?
2.IF THE ANSWER TO QUESTION 1 IS ( A ), DOES THE REFERENCE IN THE REGULATION TO ' ANIMAL CARCASES ' INCLUDE PARTS OF CARCASES AND , IF SO , SUBJECT TO WHAT IF ANY LIMITATIONS? IN PARTICULAR , DOES THE REFERENCE INCLUDE :
( A)21 FOREQUARTERS OF BEEF AND ONE BRISKET?
( B)SIDE OR QUARTERS?
( C)CHICKEN LEGS?
( D)OFFAL?
3.DOES THE REFERENCE IN THE REGULATION TO ' ANIMAL . . . WASTE . . . INTENDED FOR HUMAN CONSUMPTION ' APPLY :
( A)ONLY TO PARTS OF ANIMALS WHICH ARE INTENDED FOR ORAL HUMAN CONSUMPTION , OR
( B)ALSO TO THOSE PARTS OF ANIMALS WHICH ARE INTENDED FOR ANY OTHER USE , E.G . AS ANIMAL FOOD OR FOR INDUSTRIAL OR COMMERCIAL USE , I.E . TO ALL PARTS OF ANIMALS SAVE ONLY THOSE WHICH ARE TO BE MERELY THROWN AWAY OR DESTROYED?
4.IF THE ANSWER TO QUESTION 3 IS ( B ), DOES THE ANIMAL PART CEASE TO BE ' ANIMAL WASTE . . . INTENDED FOR HUMAN CONSUMPTION ' AS SOON AS IT IS FIRST TREATED WITH A VIEW TO BEING PREPARED FOR SUCH USE , OR AT A LATER STAGE , AND IF LATER , WHEN?
5.DOES THE REFERENCE IN THE REGULATION TO ' OPERATIONS . . . FOR THE TRANSPORT OF