FIXED THEREIN CANNOT BE AMENDED OR SUPPLEMENTED SO AS TO AFFECT THE WHOLE OF THE COMMUNITY EXCEPT BY THE PROCEDURES PROVIDED FOR BY DIRECTIVE 70/524 . THE MEMBER STATES MAY NOT UNILATERALLY LAY DOWN PROVISIONS IN THAT FIELD .
24 THE ANSWER TO QUESTION 2 MUST THEREFORE BE THAT THE RULE CONTAINED IN ARTICLE 13 OF DIRECTIVE 70/524 MUST BE INTERPRETED AS MEANING : THAT THE MEMBER STATES ARE NO LONGER PERMITTED TO RESTRICT THE MARKETING OF FEEDINGSTUFFS BECAUSE OF THE ABSENCE OF A PARTICULAR SUBSTANCE BY PROVIDING THAT MILK-REPLACER FEED MUST HAVE A SPECIFIC MINIMUM IRON CONTENT .
25 QUESTION 3 SEEKS TO ASCERTAIN WHETHER SODIUM MAY BE CLASSIFIED AS AN ' UNDESIRABLE SUBSTANCE ' WITHIN THE MEANING OF DIRECTIVE 74/63 , GIVEN THE FACT THAT THAT DIRECTIVE DOES NOT CONTAIN ANY EXPRESS DEFINITION OF THE TERM ' UNDESIRABLE SUBSTANCE ' . IN THE EVENT THAT SODIUM MAY BE REGARDED , ABOVE A CERTAIN THRESHOLD , AS AN UNDESIRABLE SUBSTANCE , THE BUNDESVERWALTUNGSGERICHT SEEKS TO ASCERTAIN WHETHER , IN THE LIGHT OF ARTICLES 5 AND 7 OF THE DIRECTIVE , THE MEMBER STATES MAY STILL PRESCRIBE A MAXIMUM PERMITTED LEVEL OF SODIUM OR WHETHER SUCH A MEASURE MAY ONLY BE ADOPTED PROVISIONALLY UNDER ARTICLE 5 OF THE DIRECTIVE .
26 IT MUST BE STATED AT THE OUTSET THAT EVEN A SUBSTANCE WHICH IS HARMLESS IN ITSELF MAY BE CLASSIFIED AS AN UNDESIRABLE SUBSTANCE IF IT PRODUCES HARMFUL EFFECTS ABOVE A CERTAIN CONCENTRATION . AS HAS ALREADY BEEN POINTED OUT , IT FOLLOWS FROM THE SCHEME OF THE UNDESIRABLE SUBSTANCES DIRECTIVE THAT THE MEMBER STATES MAY REQUIRE ADHERENCE TO MAXIMUM PERMITTED LEVELS ONLY IN RESPECT OF THE SUBSTANCES LISTED IN THE ANNEX THERETO AND SUBJECT TO THE REQUIREMENTS SET OUT THEREIN . ACCORDING TO ARTICLE 7 OF THE DIRECTIVE FEEDINGSTUFFS WHICH CONFORM TO THE DIRECTIVE CANNOT BE SUBJECTED TO ANY MARKETING RESTRICTIONS WHICH ARE STRICTER THAN THOSE PROVIDED FOR BY THE DIRECTIVE .
27 HOWEVER , ARTICLE 5 OF THE DIRECTIVE AUTHORIZES THE MEMBER STATES TO ADOPT PROVISIONAL MEASURES IN ORDER TO REDUCE THE LEVEL OF A SPECIFIC SUBSTANCE WHERE THEY CONSIDER THAT A MAXIMUM PERMITTED LEVEL FIXED IN THE ANNEX THERETO OR A SUBSTANCE OR PRODUCT NOT LISTED THEREIN PRESENTS A DANGER TO ANIMAL OR HUMAN HEALTH . A MEMBER STATE WHICH ADOPTS SUCH A MEASURE MUST ADVISE THE OTHER MEMBER STATES AND THE COMMISSION THEREOF WITHOUT DELAY AND MUST AT THE SAME TIME GIVE ITS REASONS . THAT NOTIFICATION SETS IN MOTION THE PROCEDURE PROVIDED FOR BY ARTICLE 10 OF THE DIRECTIVE IN ORDER TO ENABLE THE COMMUNITY INSTITUTIONS , IF NECESSARY , TO ADOPT MEASURES APPLICABLE TO ALL MEMBER STATES .
28 THE ANSWER TO QUESTION 3 MUST THEREFORE BE THAT THE RULES CONTAINED IN ARTICLES 5 AND 7 OF DIRECTIVE 74/63 MUST BE INTERPRETED AS MEANING :
( I ) THAT MEMBER STATES ARE IN PRINCIPLE NO LONGER PERMITTED TO RESTRICT THE MARKETING OF FEEDINGSTUFFS BECAUSE OF THE PRESENCE OF A SUBSTANCE NOT REFERRED TO IN