OF PUBLIC HEALTH, THE IMPORTATION OF MILK WHICH ALREADY SATISFIED THE RULES LAID DOWN IN DIRECTIVE 85/397 .
10 THE UNITED KINGDOM CONCEDES THAT THE RULES IN QUESTION ARE CONTRARY TO ARTICLE 30 OF THE TREATY . IT CONSIDERS, HOWEVER, THAT THEY ARE JUSTIFIED UNDER ARTICLE 36 . IT STATES, IN THE FIRST PLACE, THAT PASTEURIZATION OFFERS LESS SUBSTANTIAL GUARANTEES REGARDING HEALTH THAN ULTRA-HIGH-TEMPERATURE TREATMENT . THE UNITED KINGDOM STATES THAT IN THAT CONNECTION IT HAS, AS IT IS ENTITLED TO DO BY VIRTUE OF CONSISTENT DECISIONS OF THE COURT, LAID DOWN APPROPRIATE STANDARDS TO ENSURE A HIGH DEGREE OF PROTECTION OF HUMAN LIFE AND HEALTH, HAVING REGARD TO THE SUBSTANTIAL CONSUMPTION OF MILK PRODUCTS, AND THE COMMISSION HAS NEVER SUGGESTED THAT THOSE STANDARDS WERE TOO RIGOROUS . TO ENSURE COMPLIANCE THEREWITH, THE UNITED KINGDOM AUTHORITIES HAVE ESTABLISHED A COMPREHENSIVE SYSTEM FOR CONTROLLING THE QUALITY OF MILK, BASED ON STATUTORY MEASURES, SUPERVISORY BODIES AND A SYSTEM OF PENALTIES, WHICH HAS NO EQUIVALENT IN THE OTHER MEMBER STATES . ONLY BY MEANS OF AN ORGANIZATION OF THIS TYPE CAN IT BE ENSURED THAT THE STANDARDS IN FORCE ARE COMPLIED WITH . THE UNITED KINGDOM REMARKS IN THAT CONNECTION THAT THE SPECIFIC PURPOSE OF DIRECTIVE 85/397 IS TO COMPEL THE OTHER MEMBER STATES TO ADOPT A SIMILAR SYSTEM . IT ADDS THAT IN THE ABSENCE OF COMMON STANDARDS NO MEMBER STATE CAN, BEFORE THE ENTRY INTO FORCE OF THE DIRECTIVE, VALIDLY CERTIFY THAT ITS PRODUCERS' MILK COMPLIES WITH THE UNITED KINGDOM STANDARDS .
11 IT MUST BE OBSERVED THAT, AS IS RECOGNIZED BY BOTH THE PARTIES, THE CONTESTED RULES FALL WITHIN THE SCOPE OF ARTICLE 30 OF THE TREATY AND OF REGULATION NO 804/68, THE PURPOSE OF WHICH IS TO ACHIEVE A SINGLE MARKET IN MILK AND MILK PRODUCTS . THE ONLY QUESTION TO BE RESOLVED THEREFORE IS WHETHER OR NOT THE MEASURES IN QUESTION ARE JUSTIFIED UNDER ARTICLE 36 OF THE TREATY FOR REASONS RELATING TO THE PROTECTION OF HUMAN LIFE AND HEALTH .
12 IT MUST BE BORNE IN MIND IN THAT CONNECTION THAT, AS THE COURT HAS CONSISTENTLY HELD, WHILST HUMAN LIFE AND HEALTH ARE AMONG THE MATTERS PROTECTED BY ARTICLES 36 AND WHILST, AS A RESULT, IT IS FOR THE MEMBER STATES TO DECIDE WITHIN THE LIMITS OF THE TREATY AS TO THE LEVEL OF PROTECTION WHICH THEY WISH TO ENSURE, NATIONAL RULES RESTRICTING IMPORTS ARE COMPATIBLE WITH THE TREATY ONLY IN SO FAR AS THEY ARE NECESSARY FOR THE EFFECTIVE PROTECTION OF HUMAN LIFE AND HEALTH AND ONLY IF THAT OBJECTIVE CANNOT BE ACHIEVED BY MEASURES LESS RESTRICTIVE OF INTRA - COMMUNITY TRADE ( JUDGMENTS OF 20 MAY 1976 IN CASE 104/75 DE PEIJPER (( 1976 )) ECR 613; 8 FEBRUARY 1983 IN CASE 124/81 COMMISSION V UNITED KINGDOM (( 1983 )) ECR 203; 6 JUNE 1984 IN CASE 97/83 MELKUNIE (( 1984 )) ECR 2367 ).
13 IT IS TRUE, AS THE UNITED KINGDOM POINTS OUT, THAT THE TECHNIQUE OF PASTEURIZATION DOES NOT OFFER THE SAME