PROVISION , WHICH IS DESIGNED TO PREVENT RESTRICTIONS ON TRADE BASED ON THE GROUNDS MENTIONED IN THE FIRST SENTENCE OF ARTICLE 36 FROM BEING DIVERTED FROM THEIR PROPER PURPOSE AND USED IN SUCH A WAY AS EITHER TO CREATE DISCRIMINATION IN RESPECT OF GOODS ORIGINATING IN OTHER MEMBER STATES OR INDIRECTLY TO PROTECT CERTAIN NATIONAL PRODUCTS . THAT IS NOT THE PURPORT OF A PROHIBITION , SUCH AS THAT IN FORCE IN THE UNITED KINGDOM , ON THE IMPORTATION OF ARTICLES WHICH ARE OF AN INDECENT OR OBSCENE CHARACTER . WHATEVER MAY BE THE DIFFERENCES BETWEEN THE LAWS ON THIS SUBJECT IN FORCE IN THE DIFFERENT CONSTITUENT PARTS OF THE UNITED KINGDOM , AND NOTWITHSTANDING THE FACT THAT THEY CONTAIN CERTAIN EXCEPTIONS OF LIMITED SCOPE , THESE LAWS , TAKEN AS A WHOLE , HAVE AS THEIR PURPOSE THE PROHIBITION , OR AT LEAST , THE RESTRAINING , OF THE MANUFACTURE AND MARKETING OF PUBLICATIONS OR ARTICLES OF AN INDECENT OR OBSCENE CHARACTER . IN THESE CIRCUMSTANCES IT IS PERMISSIBLE TO CONCLUDE , ON A COMPREHENSIVE VIEW , THAT THERE IS NO LAWFUL TRADE IN SUCH GOODS IN THE UNITED KINGDOM . A PROHIBITION ON IMPORTS WHICH MAY IN CERTAIN RESPECTS BE MORE STRICT THAN SOME OF THE LAWS APPLIED WITHIN THE UNITED KINGDOM CANNOT THEREFORE BE REGARDED AS AMOUNTING TO A MEASURE DESIGNED TO GIVE INDIRECT PROTECTION TO SOME NATIONAL PRODUCT OR AIMED AT CREATING ARBITRARY DISCRIMINATION BETWEEN GOODS OF THIS TYPE DEPENDING ON WHETHER THEY ARE PRODUCED WITHIN THE NATIONAL TERRITORY OR ANOTHER MEMBER STATE .
22 THE ANSWER TO THE FOURTH QUESTION MUST THEREFORE BE THAT IF A PROHIBITION ON THE IMPORTATION OF GOODS IS JUSTIFIABLE ON GROUNDS OF PUBLIC MORALITY AND IF IT IS IMPOSED WITH THAT PURPOSE THE ENFORCEMENT OF THAT PROHIBITION CANNOT , IN THE ABSENCE WITHIN THE MEMBER STATE CONCERNED OF A LAWFUL TRADE IN THE SAME GOODS , CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE CONTRARY TO ARTICLE 36 .
23 IN THESE CIRCUMSTANCES IT IS NOT NECESSARY TO ANSWER THE FIFTH AND SIXTH QUESTIONS .
SEVENTH QUESTION
24 THE SEVENTH QUESTION ASKS WHETHER , INDEPENDENTLY OF THE QUESTIONS POSED ABOVE , A MEMBER STATE MAY LAWFULLY IMPOSE PROHIBITIONS ON THE IMPORTATION OF SUCH GOODS FROM ANOTHER MEMBER STATE BY REFERENCE TO OBLIGATIONS ARISING FROM THE GENEVA CONVENTION , 1923 , FOR THE SUPPRESSION OF TRAFFIC IN OBSCENE PUBLICATIONS AND THE UNIVERSAL POSTAL CONVENTION ( RENEWED AT LAUSANNE IN 1974 , WHICH CAME INTO FORCE ON 1 JANUARY 1976 ), BEARING IN MIND THE PROVISIONS OF ARTICLE 234 OF THE TREATY .
25 ARTICLE 234 PROVIDES THAT THE RIGHTS AND OBLIGATIONS ARISING FROM AGREEMENTS CONCLUDED BEFORE THE ENTRY INTO FORCE OF THE TREATY BETWEEN ONE OR MORE MEMBER STATES ON THE ONE HAND , AND ONE OR MORE THIRD COUNTRIES ON THE OTHER , ARE NOT TO BE AFFECTED BY THE PROVISIONS OF THE TREATY . HOWEVER , TO THE EXTENT TO WHICH SUCH AGREEMENTS ARE NOT