IN ITS QUESTION , THAT ARTICLES 30 AND 34 OF THE TREATY DEALING WITH THE ABOLITION OF QUANTITATIVE RESTRICTIONS ON IMPORTS AND EXPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT FORM AN INTEGRAL PART OF THE COMMON ORGANIZATIONS OF THE MARKETS IN THE AGRICULTURAL SECTORS . AS FAR AS TRADE WITHIN THE COMMUNITY IS CONCERNED , THE COMMON ORGANIZATIONS OF THE MARKETS ARE THEREFORE BASED ON FREEDOM OF COMMERCIAL TRANSACTIONS AND ARE INCOMPATIBLE WITH ANY NATIONAL LEGISLATION CAPABLE OF HINDERING INTRA-COMMUNITY TRADE .
9 IN ITS JUDGMENT OF 26 FEBRUARY 1980 IN CASE 94/79 ( VRIEND ( 1980 ) ECR 327 ) THE COURT HAS ALREADY HELD , IN THE CASE OF THE COMMON ORGANIZATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE , THAT IT IS CONTRARY TO THE FREEDOM OF COMMERCIAL TRANSACTIONS FOR NATIONAL LEGISLATION TO MAKE THE EXPORTATION OF THE PRODUCTS IN QUESTION CONDITIONAL ON THE EXPORTER ' S BEING AFFILIATED TO A PUBLIC BODY OR A BODY APPROVED BY AN OFFICIAL AUTHORITY .
10 IN THE PRESENT CASE THAT FINDING APPLIES WITH ALL THE MORE FORCE BECAUSE THE PURPOSE OF THE QUALITY STANDARDS WHICH THE BUREAU HAS THE TASK OF CONTROLLING IS , AS STATED ABOVE , TO FACILITATE TRADE RELATIONS BASED ON FAIR COMPETITION . IT WOULD BE CONTRARY TO THAT AIM TO PROHIBIT THE EXPORTATION OF PRODUCTS WHICH MEET THOSE STANDARDS AND HAVE BEEN SUBJECTED TO THE CHECKS PROVIDED FOR BY THE COMMUNITY RULES FOR THE SIMPLE REASON THAT THE EXPORTER IS NOT A MEMBER OF THE CHECKING AUTHORITY DESIGNATED BY THE MEMBER STATE FROM WHICH THE PRODUCTS ARE TO BE EXPORTED .
11 IN THE WRITTEN OBSERVATIONS WHICH IT SUBMITTED TO THE COURT THE NETHERLANDS GOVERNMENT POINTED OUT THAT , UNLIKE THE CASE IN VRIEND CITED ABOVE , THE COMMON QUALITY STANDARDS FOR FRUIT AND VEGETABLES CONSTITUTE AN EXHAUSTIVE AND COMPLICATED SET OF RULES . TO IMPLEMENT THEM EFFECTIVELY AT THE NATIONAL LEVEL IT IS BETTER TO ASSIGN THE TASK OF CHECKING THAT THEY ARE COMPLIED WITH TO BODIES ALREADY IN EXISTENCE , SUCH AS THE BUREAU AND ITS DISCIPLINARY TRIBUNAL . AS , UNDER NETHERLANDS LAW , THE RULES ADOPTED BY A BODY INCORPORATED UNDER PRIVATE LAW AS WELL AS ITS DISCIPLINARY POWERS ARE BINDING ONLY ON ITS MEMBERS , MEMBERSHIP MUST BE MADE COMPULSORY . SINCE THE BUREAU IS OBLIGED TO ACCEPT AS A MEMBER ANY PERSON NOTIFYING IT IN WRITING OF HIS WISH TO BECOME SUBJECT TO ITS SUPERVISION AND SINCE , EVEN UNDER THE COMMUNITY RULES , ANYONE WISHING TO DISPATCH FRUIT AND VEGETABLES OUTSIDE THE FORWARDING AREA MUST APPLY TO THE BUREAU IN ANY CASE , THE OBLIGATION TO AFFILIATE IS NOTHING MORE THAN A MERE FORMALITY WHICH IS JUSTIFIED IN RELATION TO THE OBJECTIVE PURSUED IN THE PUBLIC INTEREST .
12 HOWEVER , THAT ARGUMENT CANNOT BE ACCEPTED . AS THE NETHERLANDS GOVERNMENT HAS ITSELF ACKNOWLEDGED , EFFECTIVE CONTROL CAN BE ESTABLISHED WITHOUT AN