, IN ITS CONCERN TO PROTECT THE HEALTH OF HUMANS , COULD ENSURE SAFEGUARDS EQUIVALENT TO THOSE WHICH IT HAS PRESCRIBED FOR ITS DOMESTIC PRODUCTION OF UHT MILK , WITHOUT HAVING RECOURSE TO THE MEASURES ADOPTED , WHICH AMOUNT TO A TOTAL PROHIBITION ON IMPORTS .
29 TO THAT END , THE UNITED KINGDOM WOULD BE ENTITLED TO LAY DOWN THE OBJECTIVE CONDITIONS WHICH IT CONSIDERS OUGHT TO BE OBSERVED AS REGARDS THE QUALITY OF THE MILK BEFORE TREATMENT AND AS REGARDS THE METHODS OF TREATING AND PACKING UHT MILK OF WHATEVER ORIGIN OFFERED FOR SALE ON ITS TERRITORY . THE UNITED KINGDOM COULD ALSO STIPULATE THAT IMPORTED UHT MILK MUST SATISFY THE REQUIREMENTS THUS LAID DOWN , WHILST HOWEVER TAKING CARE NOT TO GO BEYOND THAT WHICH IS STRICTLY NECESSARY FOR THE PROTECTION OF THE HEALTH OF THE CONSUMER . IT WOULD BE ABLE TO ENSURE THAT SUCH REQUIREMENTS ARE SATISFIED BY REQUESTING IMPORTERS TO PRODUCE CERTIFICATES ISSUED FOR THE PURPOSE BY THE COMPETENT AUTHORITIES OF THE EXPORTING MEMBER STATES .
30 AS THE FRENCH GOVERNMENT CORRECTLY STATED IN ITS INTERVENTION IN SUPPORT OF THE COMMISSION ' S APPLICATION , THE COURT HAS CONSISTENTLY HELD ( CF . JUDGMENT OF 20 . 5 . 1976 IN CASE 104/75 DE PEIJPER ( 1976 ) ECR 613 AND 8 . 11 . 1979 IN CASE 251/78 DENKAVIT ( 1979 ) ECR 3369 ) THAT , WHERE COOPERATION BETWEEN THE AUTHORITIES OF THE MEMBER STATES MAKES IT POSSIBLE TO FACILITATE AND SIMPLIFY FRONTIER CHECKS , THE AUTHORITIES RESPONSIBLE FOR HEALTH INSPECTIONS MUST ASCERTAIN WHETHER THE SUBSTANTIATING DOCUMENTS ISSUED WITHIN THE FRAMEWORK OF THAT COOPERATION RAISE A PRESUMPTION THAT THE IMPORTED GOODS COMPLY WITH THE REQUIREMENTS OF DOMESTIC HEALTH LEGISLATION THUS ENABLING THE CHECKS CARRIED OUT UPON IMPORTATION TO BE SIMPLIFIED . THE COURT CONSIDERS THAT IN THE CASE OF UHT MILK THE CONDITIONS ARE SATISFIED FOR THERE TO BE A PRESUMPTION OF ACCURACY IN FAVOUR OF THE STATEMENTS CONTAINED IN SUCH DOCUMENTS .
31 THAT NECESSARY COOPERATION DOES NOT , HOWEVER , PRECLUDE THE UNITED KINGDOM AUTHORITIES FROM CARRYING OUT CONTROLS BY MEANS OF SAMPLES TO ENSURE OBSERVANCE OF THE STANDARDS WHICH IT HAS LAID DOWN , OR FROM PREVENTING THE ENTRY OF CONSIGNMENTS FOUND NOT TO CONFORM WITH THOSE STANDARDS .
32 FINALLY , IT MUST BE NOTED THAT UNITED KINGDOM HAS ACCEPTED IMPORTS ON TO ITS TERRITORY OF UHT CREAM AND FLAVOURED UHT MILK WITHOUT REQUIRING A SECOND TREATMENT , WHEREAS , ACCORDING TO ITS OWN ARGUMENT , THOSE PRODUCTS THEORETICALLY REPRESENTED THE SAME RISKS TO THE HEALTH OF HUMANS , WHATEVER THE QUANTITIES IMPORTED . IT HAS NOT BEEN SHOWN THAT PUBLIC HEALTH IN THE UNITED KINGDOM HAS BEEN AFFECTED IN THE SLIGHTEST BY SUCH IMPORTS .
33 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE SYSTEM OF DEALERS ' LICENCES CONSTITUTES AN IMPEDIMENT TO THE FREE MOVEMENT OF DAIRY PRODUCE WHICH IS DISPROPORTIONATE IN RELATION TO THE OBJECTIVE PURSUED AND IS NOT THEREFORE JUSTIFIED UNDER ARTICLE 36 OF