RELATING TO IMPORTS FROM ' ' THIRD COUNTRIES ' ' SHALL NOT BE ' ' MORE FAVOURABLE ' ' THAN THOSE GOVERNING INTRA-COMMUNITY TRADE BY VIRTUE OF THAT DIRECTIVE . THE COURT HAS STATED THAT THIS RULE IS INTENDED TO ENSURE THAT TRADERS WHO PUT ON THE MARKET FRESH MEAT ORIGINATING WITHIN THE COMMUNITY ARE NOT TREATED LESS FAVOURABLY THAN THEIR COMPETITORS WHO IMPORT MEAT FROM THIRD COUNTRIES AND THAT IN CONSEQUENCE IT REFERS NOT ONLY TO THE INSPECTIONS THEMSELVES BUT ALSO TO THE CHARGES LEVIED IN RESPECT THEREOF .
9 THE SIMILAR WORDING OF ARTICLE 15 OF DIRECTIVE NO 71/118 AND ARTICLE 9 OF DIRECTIVE NO 64/433 LEADS TO THE CONCLUSION THAT , IN SO FAR AS MEMBER STATES ARE ABLE TO LEVY CHARGES FOR HEALTH INSPECTIONS , THE SAME DEROGATIVE EFFECT MUST BE ATTRIBUTED TO ARTICLE 15 OF DIRECTIVE NO 71/118 AS THAT WHICH SHOULD BE ATTRIBUTED TO ARTICLE 9 OF DIRECTIVE NO 64/433 .
10 CONSEQUENTLY THE PROHIBITION OF THE LEVYING OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES LAID DOWN IN ARTICLE 11 ( 2 ) OF REGULATIONS NOS 123/67 AND 2777/75 CANNOT BE RELIED ON FOR THE PURPOSE OF PREVENTING MEMBER STATES LEVYING AT THE EXTERNAL FRONTIERS OF THE COMMUNITY CHARGES FOR THE HEALTH INSPECTIONS WHICH THEY CARRY OUT OF IMPORTS OF FRESH POULTRY-MEAT FROM THIRD COUNTRIES .
11 THE FACT THAT DIRECTIVE NO 71/118 DOES NOT EXPRESSLY MENTION THE LEVYING OF CHARGES FOR HEALTH INSPECTIONS IN THE COURSE OF INTRA-COMMUNITY TRADE IS IRRELEVANT IN THIS CONNEXION . THE COURT HAS IN FACT HELD IN ITS JUDGMENT OF 25 JANUARY 1977 IN CASE 46/76 W . J . G . BAUHUIS V THE NETHERLANDS STATE ( 1977 ) ECR 5 , THAT NATIONAL FEES CHARGED FOR VETERINARY AND PUBLIC HEALTH INSPECTIONS , WHICH ARE PRESCRIBED BY A COMMUNITY PROVISION , - SUCH AS DIRECTIVE NO 71/118 ( POULTRY-MEAT ) IN THIS CASE - WHICH ARE UNIFORM AND ARE REQUIRED TO BE CARRIED OUT BEFORE DISPATCH WITHIN THE EXPORTING COUNTRY DO NOT CONSTITUTE CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES AND MAY THEREFORE BE INTRODUCED BY MEMBER STATES , PROVIDED THAT THEY DO NOT EXCEED THE ACTUAL COST OF THE INSPECTION FOR WHICH THEY ARE CHARGED . THE EXISTENCE OF THOSE FEES JUSTIFIES IN TURN THE LEVYING BY MEMBER STATES OF CHARGES FOR PUBLIC HEALTH INSPECTIONS AT THE COMMUNITY ' S EXTERNAL FRONTIERS SO THAT THEY FULFIL THE OBLIGATION IMPOSED UPON THEM BY ARTICLE 15 OF DIRECTIVE NO 71/118 TO APPLY TO IMPORTS FROM THIRD COUNTRIES PROVISIONS WHICH ARE ' ' AT LEAST EQUIVALENT ' ' TO THOSE OF THAT DIRECTIVE RELATING TO INTRA-COMMUNITY TRADE IN THE SAME GOODS .
12 CONSEQUENTLY IT IS FOR THE NATIONAL COURTS BEFORE WHICH ACTIONS HAVE BEEN BROUGHT RELATING TO CHARGES FOR PUBLIC HEALTH INSPECTIONS LEVIED BY A MEMBER STATE IN CONNEXION WITH IMPORTS INTO THAT MEMBER STATE OF FRESH POULTRY-MEAT FROM A NON-MEMBER COUNTRY TO COMPARE THOSE CHARGES WITH THE DOMESTIC CHARGES WHICH THAT MEMBER STATE LEVIES