ORIGINATING .
21IF THE ANSWER TO THAT QUESTION IS IN THE AFFIRMATIVE THE NEXT QUESTION IS WHETHER A MEASURE OF THAT KIND IS NOT JUSTIFIED BY ARTICLE 36 OF THE TREATY .
22IT IS APPROPRIATE TO ANSWER BOTH THOSE QUESTIONS TOGETHER AND TO DO THIS IN THE FIRST INSTANCE WITH REFERENCE TO THE INTERPRETATION OF ARTICLES 30 AND 36 OF THE TREATY .
23AS FOR THE PROHIBITION OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS , ARTICLE 30 OF THE TREATY PROHIBITS ALL SUCH MEASURES IN TRADE BETWEEN MEMBER STATES .
FOR THE PURPOSE OF THIS PROHIBITION IT IS SUFFICIENT THAT THE MEASURES IN QUESTION ARE LIKELY TO HINDER , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , IMPORTS BETWEEN MEMBER STATES .
ACCORDING TO THE SIXTH RECITAL OF THE PREAMBLE TO COMMISSION DIRECTIVE NO 70/50/EEC OF 22 DECEMBER 1969 ON THE ABOLITION OF MEASURES WHICH HAVE AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS , MEASURES ' ' WHICH , AT ANY MARKETING STAGE , GRANT TO DOMESTIC PRODUCTS A PREFERENCE , OTHER THAN AN AID , TO WHICH CONDITIONS MAY OR MAY NOT BE ATTACHED , AND WHERE SUCH MEASURES TOTALLY OR PARTIALLY PRECLUDE THE DISPOSAL OF IMPORTED PRODUCTS ' ' , MUST BE CONSIDERED TO BE INCLUDED AMONG SUCH MEASURES AND ARE CONSEQUENTLY PROHIBITED .
HAVING REGARD TO THESE CONSIDERATIONS ARTICLE 2 ( 3 ) ( S ) OF THE DIRECTIVE RIGHTLY CLASSIFIES MEASURES WHICH ' ' CONFINE NAMES WHICH ARE NOT INDICATIVE OF ORIGIN OR SOURCE TO DOMESTIC PRODUCTS ONLY ' ' AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS AND THEREFORE PROHIBITED .
24IN ORDER TO BE EFFECTIVE THE PROHIBITION ON THE RESERVING OF CERTAIN DESIGNATIONS ( OTHER THAN THOSE INDICATIVE OF ORIGIN OR SOURCE ), AND IN PARTICULAR DESIGNATIONS OF QUALITY , FOR DOMESTIC PRODUCTS ONLY MUST EXTEND TO MEASURES WHICH DISTINGUISH BETWEEN DOMESTIC PRODUCTS ACCORDING TO WHETHER OR NOT THE RAW MATERIALS OR THE SEMI-FINISHED PRODUCTS FROM WHICH THEY ARE MANUFACTURED HAVE BEEN PRODUCED OR TREATED ON NATIONAL TERRITORY AND WHICH RESERVE FOR GOODS DERIVED FROM SEMI-FINISHED PRODUCTS , TREATED ON NATIONAL TERRITORY , SPECIAL DESIGNATIONS SUCH AS TO GIVE THEM AN ADVANTAGE IN THE OPINION OF THE TRADERS OR CONSUMERS CONCERNED .
IN FACT IN A MARKET WHICH , AS FAR AS POSSIBLE , MUST PRESENT THE FEATURES OF A SINGLE MARKET , ENTITLEMENT TO A DESIGNATION OF QUALITY FOR A PRODUCT CAN - EXCEPT IN THE CASE OF THE RULES APPLICABLE TO REGISTERED DESIGNATIONS OF ORIGIN AND INDICATIONS OF ORIGIN - ONLY DEPEND UPON THE INTRINSIC OBJECTIVE CHARACTERISTICS GOVERNING THE QUALITY OF THE PRODUCT COMPARED WITH A SIMILAR PRODUCT OF INFERIOR QUALITY , AND NOT ON THE GEOGRAPHICAL LOCALITY WHERE A PARTICULAR PRODUCTION STAGE TOOK PLACE .
25HOWEVER DESIRABLE MAY BE THE INTRODUCTION OF A POLICY ON QUALITY BY A MEMBER STATE , SUCH A POLICY CAN ONLY BE DEVELOPED WITHIN THE COMMUNITY BY MEANS WHICH ARE IN ACCORDANCE WITH THE FUNDAMENTAL PRINCIPLES OF THE TREATY .
CONSEQUENTLY , THE MEMBER