HAVE THE EFFECT OF PROHIBITING THE RE-EXPORTATION OF THE GOODS IN QUESTION . IT MERELY AFFECTS THE RIGHT TO BENEFIT FROM CUSTOMS DUTY EXEMPTIONS WHERE THE EXPORTATION IS SHOWN TO BE INCONSISTENT WITH THE USE OF THE GOODS IN THE MANNER LAID DOWN BY THE REGULATION .
11 THE BELGIAN GOVERNMENT ALSO REFERS TO ARTICLE 44 ( 1 ) ( A ) OF REGULATION NO 3183/80 BUT STATES THAT THAT PROVISION , LIKE REGULATION NO 3225/82 , DOES NOT LAY DOWN ANY RESTRICTION ON RE-EXPORTATION . IT INTERPRETS THE CONCEPT OF ' PERSONS CONCERNED ' IN THE SAME MANNER AS WAS SUGGESTED BY THE COMMISSION IN ITS OBSERVATIONS IN AN EARLIER CASE ( JUDGMENT OF 23 JANUARY 1980 IN CASE 35/79 GROSOLI SPA V MINISTRY OF FOREIGN TRADE ( 1980 ) ECR 177 ), NAMELY AS ENCOMPASSING ' ALL THE NATURAL AND LEGAL PERSONS ESTABLISHED WITHIN THE TERRITORY OF A MEMBER STATE WHO OBTAIN OR ARRANGE CUSTOMS CLEARANCE FOR FROZEN BEEF AND VEAL FOR CONSUMPTION ON THAT TERRITORY ' . THE TERM ' CONSUMPTION ' IS CLEARLY INTENDED TO MEAN MORE THAN MERELY PUTTING THE GOODS INTO FREE CIRCULATION . CONSEQUENTLY , ALL OTHER TAXES APPLICABLE TO THE GOODS MUST BE PAID . IT FOLLOWS THAT THERE IS NO BASIS ON WHICH TO PROHIBIT EXPORTATION FROM ONE MEMBER STATE TO ONE OR MORE OTHERS . FINALLY , A MEMBER STATE HAS NO RIGHT TO ADD A CONDITION OR PROHIBITION WHICH IS NOT EXPRESSLY PROVIDED FOR BY REGULATION NO 3225/82 .
12 ACCORDING TO THE COMMISSION , GOODS IMPORTED INTO A MEMBER STATE UNDER A COMMUNITY TARIFF QUOTA GRANTED ON THE BASIS OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE AND APPORTIONED BETWEEN THE MEMBER STATES ACCORDING TO SPECIFIC CRITERIA MAY BE RE-EXPORTED TO ANOTHER MEMBER STATE . FROM THE COURT ' S JUDGMENTS IN PREVIOUS CASES THE COMMISSION CONCLUDES , IN THE FIRST PLACE , THAT , IN THE ABSENCE OF FORMAL COMMUNITY PROVISIONS , THE MEMBER STATES WHO RECEIVE AN ALLOCATION MAY NOT REGULATE THE USE TO WHICH THE MEAT IMPORTED UNDER THE SYSTEM IN QUESTION IS PUT . SECONDLY , THE CONCEPT OF ' PERSONS CONCERNED ' HAS A WIDE SCOPE AND IS NOT CONFINED TO ' IMPORTERS ' . THE ALLOCATION OF THE COMMUNITY TARIFF QUOTA BETWEEN THE MEMBER STATES IS MERELY A REALISTIC METHOD OF ADMINISTRATION ALLOWING TRADERS TO BENEFIT FROM THE TARIFF CONCESSION THROUGH THE INTERMEDIARY OF THE NATIONAL ADMINISTRATION .
13 FROM A MORE GENERAL POINT OF VIEW , THE COMMISSION CONSIDERS THAT IN NO CASE IS IT POSSIBLE FOR A COMMUNITY REGULATION TO EXPRESSLY PROHIBIT THE RE-EXPORTATION OF MEAT TO ANOTHER MEMBER STATE , SINCE THAT WOULD BE CONTRARY TO THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS AND , IN PARTICULAR , TO ARTICLE 34 OF THE EEC TREATY , WHICH APPLIES NOT ONLY TO PRODUCTS ORIGINATING IN THE COMMUNITY BUT ALSO TO PRODUCTS WHICH ORIGINATE IN A NON-MEMBER COUNTRY AND WHICH ARE IN FREE CIRCULATION IN THE COMMUNITY .
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