. THE FRUIT WAS BEING UNLOADED WHEN THE POLICE NOTED THAT IT WAS NOT LABELLED AND TOOK THE VIEW THAT IT WAS BEING MARKETED WITHOUT CONFORMING TO THE APPLICABLE QUALITY STANDARDS .
4 THE NATIONAL COURT WAS UNCERTAIN WHETHER , IN THOSE CIRCUMSTANCES , THE FRUIT WAS ACTUALLY BEING ' MARKETED ' WITHIN THE MEANING OF REGULATION NO 1035/72 , THE BASIC REGULATION GOVERNING FRUIT AND VEGETABLES . ACCORDINGLY , THE NATIONAL COURT ASKED THE COURT OF JUSTICE TO GIVE A PRELIMINARY RULING ON THE QUESTION ' WHETHER THE NATIONAL COURT IS ENTITLED TO REGARD THE TRANSPORTATION BY THE TRADER HIMSELF OF GOODS PURCHASED DIRECT FROM THE PRODUCERS AS A DELIVERY OR AN ACT OF MARKETING . '
5 IT SHOULD BE NOTED IN THE FIRST PLACE THAT THE APPLICATION OF QUALITY COMMON STANDARDS IS AN ESSENTIAL FEATURE OF THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES , AS PROVIDED FOR IN REGULATION NO 1035/72 . ACCORDING TO ARTICLE 2 OF THAT REGULATION , THE QUALITY STANDARDS MAY BE ESTABLISHED BY PRODUCT OR GROUP OF PRODUCTS FOR PRODUCTS TO BE DELIVERED FRESH TO THE CONSUMER AND ALSO FOR PRODUCTS INTENDED FOR INDUSTRIAL PROCESSING . COMMUNITY PROCEDURES ARE LAID DOWN FOR FIXING THE QUALITY STANDARDS AND FOR DECIDING TO WHICH PRODUCTS QUALITY STANDARDS ARE TO BE APPLIED .
6 BY VIRTUE OF ARTICLE 3 ( 1 ) OF THE REGULATION , WHEN QUALITY STANDARDS HAVE BEEN ESTABLISHED , THE PRODUCTS TO WHICH THEY APPLY MAY NOT BE ' DISPLAYED OR OFFERED FOR SALE , SOLD , DELIVERED OR MARKETED IN ANY OTHER MANNER ' WITHIN THE COMMUNITY UNLESS THEY CONFORM TO THE STANDARDS .
7 IN INTERPRETING THAT GENERAL RULE , IT MUST FIRST BE NOTED THAT THE RECITALS IN THE PREAMBLE TO THE REGULATION MAKE IT CLEAR THAT THE STANDARDIZATION PROVIDED FOR THEREIN CANNOT BE FULLY EFFECTIVE UNLESS APPLIED ' AT ALL STAGES OF MARKETING ' BUT THAT EXCEPTIONS MAY BE MADE ' FOR CERTAIN ACTIVITIES AT THE START OF THE DISTRIBUTION PROCESS ' , AND FOR PRODUCTS SENT FOR PROCESSING ( FIFTH RECITAL ).
8 THOSE EXCEPTIONS ARE DEFINED IN ARTICLE 3 ( 2 ) AND ( 3 ) OF THE REGULATION . THEY REMOVE THE REQUIREMENT OF CONFORMING TO THE QUALITY STANDARDS IN THE CASE OF PRODUCTS WITHIN A MEMBER STATE , WHICH ARE :
( A ) SOLD , DELIVERED OR CONSIGNED BY THE GROWER FROM HIS HOLDING OR MARKET PREPARATION AND PACKING OR STORAGE ( ARTICLE 3 ( 2 ) ( A ));
( B ) CONSIGNED FROM STORAGE FOR MARKET PREPARATION AND PACKAGING ( ARTICLE 3 ( 2 ) ( B ));
( C ) CONSIGNED TO PROCESSING PLANTS , SUBJECT TO POSSIBLE ESTABLISHMENT OF QUALITY STANDARDS FOR PRODUCTS INTENDED FOR INDUSTRIAL PROCESSING ( ARTICLE 3 ( 3 ) ( A ));
( D ) TRANSFERRED BY THE PRODUCER ON HIS HOLDING TO CONSUMERS FOR THEIR PERSONAL USE ( ARTICLE 3 ( 3 ) ( B )).
9 IT IS THEREFORE APPARENT FROM