THE INTERPRETATION OF ARTICLE 36 OF THE TREATY
21 THE SECOND QUESTION ASKS WHETHER ARTICLE 36 OF THE TREATY AND , IN PARTICULAR , THE CONCEPTS OF ' ' PUBLIC POLICY ' ' AND OF ' ' PUBLIC SECURITY ' ' CONTAINED THEREIN ARE TO BE INTERPRETED AS MEANING THAT A SYSTEM SUCH AS THE ONE AT ISSUE IN THIS CASE , ESTABLISHED BY A MEMBER STATE WHICH IS TOTALLY DEPENDENT ON IMPORTS FOR ITS SUPPLIES OF PETROLEUM PRODUCTS , CAN BE EXEMPT FROM THE PROHIBITION LAID DOWN IN ARTICLE 30 OF THE TREATY .
22 THE IRISH GOVERNMENT AND THE INPC POINT OUT THAT IT IS FOR THE MEMBER STATES TO DETERMINE , FOR THE PURPOSES OF ARTICLE 36 , AND IN PARTICULAR WITH REGARD TO THE CONCEPT OF PUBLIC SECURITY , THEIR INTERESTS THAT ARE TO BE PROTECTED AND THE MEASURES TO BE TAKEN TO THAT END . THEY CONTEND THAT IRELAND ' S HEAVY DEPENDENCE FOR ITS OIL SUPPLIES ON IMPORTS FROM OTHER COUNTRIES AND THE IMPORTANCE OF OIL FOR THE LIFE OF THE COUNTRY MAKE IT INDISPENSABLE TO MAINTAIN REFINING CAPACITY ON THE NATIONAL TERRITORY , THEREBY ENABLING THE NATIONAL AUTHORITIES TO ENTER INTO LONG-TERM DELIVERY CONTRACTS WITH THE COUNTRIES PRODUCING CRUDE OIL . SINCE THE SYSTEM AT ISSUE IS THE ONLY MEANS OF ENSURING THAT THE WHITEGATE REFINERY ' S PRODUCTS CAN BE MARKETED , THEY CONSIDER IT TO BE JUSTIFIED BY CONSIDERATIONS OF PUBLIC SECURITY AS A TEMPORARY MEASURE UNTIL ANOTHER SOLUTION CAN BE FOUND TO SAFEGUARD THE CONTINUED OPERATION OF THE WHITEGATE REFINERY .
23 IN THE UNITED KINGDOM ' S VIEW , THE TERM ' ' PUBLIC SECURITY ' ' IN ARTICLE 36 OF THE TREATY COVERS THE FUNDAMENTAL INTERESTS OF THE STATE SUCH AS THE MAINTENANCE OF ESSENTIAL PUBLIC SERVICES OR THE SAFE AND EFFECTIVE FUNCTIONING OF THE LIFE OF THE STATE . THE EXCEPTIONS PROVIDED FOR IN THAT ARTICLE CANNOT BE RELIED UPON IF THE MEASURES IN QUESTION ARE DESIGNED PREDOMINANTLY TO ATTAIN ECONOMIC OBJECTIVES . THOSE MEASURES MUST NOT GO BEYOND WHAT IS NECESSARY TO ATTAIN THE OBJECTIVE PROTECTED BY ARTICLE 36 .
24 THE PLAINTIFFS IN THE MAIN ACTION POINT OUT THAT THE PROBLEM IS NOT WHETHER OR NOT REFINING CAPACITY NEEDS TO BE MAINTAINED IN IRELAND , BUT RATHER WHETHER THE SYSTEM CHOSEN TO ENABLE THAT REFINERY TO FUNCTION CAN BE JUSTIFIED ON THE BASIS OF ARTICLE 36 . THE REAL PURPOSE OF THE RULES AT ISSUE IS TO ENSURE THAT THE REFINERY DOES NOT OPERATE AT A LOSS . IT IS THUS , IN THE PLAINTIFFS ' VIEW , AN ESSENTIALLY ECONOMIC MEASURE WHICH CANNOT BE COVERED BY THE CONCEPTS OF PUBLIC SECURITY OR PUBLIC POLICY .
25 THE COMMISSION CONSIDERS THAT NATIONAL RULES OF THE TYPE LAID DOWN BY THE 1982 ORDER ARE NOT JUSTIFIED UNDER ARTICLE 36 BECAUSE THE COMMUNITY , IN ACCORDANCE WITH ITS RESPONSIBILITY IN THIS AREA , HAS ADOPTED THE NECESSARY RULES TO ENSURE SUPPLIES OF PETROLEUM PRODUCTS IN THE EVENT