A LICENCE, TO WHOM ALL ANIMAL WASTE MUST BE DELIVERED, THE NATIONAL RULES DESCRIBED BY THE NETHERLANDS COURT DO NOT SET UP A STATE MONOPOLY OF A COMMERCIAL CHARACTER, THE ONLY KIND COVERED BY THAT PROVISION . IT NEED MERELY BE STATED THAT IT IS UNDISPUTED THAT THE RULES IN QUESTION ALLOW ANY PERSON WHO FULFILS THE CONDITIONS LAID DOWN BY THE RULES AND AGREES TO BE BOUND BY THE OBLIGATIONS WHICH THEY IMPOSE TO APPLY FOR AND OBTAIN THE REQUIRED LICENCE .
8 AS REGARDS THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET, IT NEED MERELY BE STATED, WITHOUT ITS BEING NECESSARY TO DETERMINE WHETHER IN THIS CASE POULTRY OFFAL IS COVERED BY THE COMMON MARKET ORGANIZATION GOVERNED BY REGULATION NO 827/68 OR BY THAT GOVERNED BY REGULATION NO 2777/75, THAT THE ONLY PROVISIONS LIABLE TO AFFECT THE RULES IN QUESTION ARE ARTICLE 4 OF REGULATION NO 827/68 AND ARTICLE 11 OF REGULATION NO 2777/75 WHICH MERELY PROHIBIT, IN INTRA-COMMUNITY TRADE, ANY QUANTITATIVE RESTRICTION OR MEASURE HAVING AN EQUIVALENT EFFECT, SUBJECT ONLY TO THE RESERVATIONS LAID DOWN IN THOSE REGULATIONS .
9 SINCE THOSE PROVISIONS REPRODUCE THE PROHIBITIONS LAID DOWN BY ARTICLES 30 AND 34 OF THE TREATY, THE RULES DESCRIBED BY THE NATIONAL COURT MUST BE APPRAISED EXCLUSIVELY IN THE LIGHT OF THOSE ARTICLES, WHICH PROHIBIT QUANTITATIVE RESTRICTIONS ON IMPORTS AND EXPORTS AND ANY MEASURES HAVING EQUIVALENT EFFECT, AND WHICH ARE REGARDED AS FORMING AN INTEGRAL PART OF THE COMMON ORGANIZATION OF THE MARKETS .
10 SINCE THE RULES DESCRIBED DO NOT DISCLOSE ANY PROHIBITION OF IMPORTS, THERE IS NO NEED TO CONSIDER ARTICLE 30 . THE ALLEGATION THAT RENDERING PLANTS PAY ONLY MINIMAL PRICES FOR POULTRY OFFAL DOES NOT DETRACT FROM THAT FINDING SINCE IT MERELY CONCERNS THE WAY IN WHICH A BUSINESS IS CONDUCTED .
11 AS REGARDS ARTICLE 34, IT IS APPLICABLE TO THE EXTENT TO WHICH THE NATIONAL RULES, BY IMPOSING AN OBLIGATION ON PRODUCERS TO DELIVER POULTRY OFFAL TO THEIR LOCAL AUTHORITY, INVOLVE BY IMPLICATION A PROHIBITION OF EXPORTS . IT IS THEREFORE NECESSARY TO CONSIDER WHETHER SUCH A RESTRICTION ON TRADE IS JUSTIFIED HAVING REGARD TO ARTICLE 36 OF THE TREATY, UPON WHICH THE NETHERLANDS GOVERNMENT RELIES IN SUPPORT OF ITS VIEW THAT THE DESTRUCTIEWET, AS IS APPARENT FROM ITS PREAMBLE, PURSUES OBJECTIVES RELATING TO HEALTH, NAMELY PREVENTION OF THE SPREAD OF ANIMAL DISEASES AND ANY POLLUTION LIABLE TO ENDANGER THE QUALITY OF LIFE .
12 SINCE THERE ARE NO COMMUNITY PROVISIONS DESIGNED TO HARMONIZE ALL THE MEASURES NECESSARY TO PROVIDE, IN RESPECT OF POULTRY OFFAL AND IN PARTICULAR POULTRY OFFAL WHICH IS UNFIT FOR HUMAN CONSUMPTION, FOR PROTECTION OF THE LIFE AND HEALTH OF HUMANS AND ANIMALS, AND TO ESTABLISH COMMUNITY PROCEDURES TO ENSURE COMPLIANCE THEREWITH, ARTICLE 36 OF THE TREATY MAY BE RELIED UPON BY MEMBER STATES TO JUSTIFY CERTAIN RESTRICTIONS ON INTRA-COMMUNITY TRADE IN POULTRY OFFAL, AND IN PARTICULAR POULTRY OFFAL UNFIT FOR HUMAN CONSUMPTION . THE MERE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET DOES NOT