PROVISIONS OF COMMUNITY LAW AND IN PARTICULAR THE CORRELATION BETWEEN THOSE PROVISIONS , THEREUPON STAYED THE PROCEEDINGS AND PUT TO THE COURT THE FOLLOWING QUESTION :
' ' IS ARTICLE 15 OF COUNCIL DIRECTIVE 71/118/EEC ON HEALTH PROBLEMS AFFECTING TRADE IN FRESH POULTRYMEAT TO BE INTERPRETED AS MEANING THAT THE DEROGATION PROVIDED FOR THEREIN FROM THE PROHIBITION OF THE LEVYING OF CUSTOMS DUTIES , OTHER THAN THOSE SPECIFIED IN THE COMMON CUSTOMS TARIFF , AND NATIONAL CHARGES HAVING EQUIVALENT EFFECT ( A PROHIBITION LAID DOWN BY REGULATION NO 123/67/EEC OF THE COUNCIL OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN POULTRYMEAT ) AND , THEREFORE , THE RIGHT OF EACH MEMBER STATE TO CONTINUE TO LEVY SUCH CHARGES ARE SUBJECT TO THE ADDITIONAL CONDITION THAT THE MEMBER STATE IN QUESTION HAS ALREADY ADOPTED THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NEEDED TO COMPLY WITH THE AFORESAID DIRECTIVE?
' '
6 THAT QUESTION BASICALLY ASKS WHETHER AS REGARDS IMPORTS OF FRESH POULTRYMEAT FROM NON-MEMBER COUNTRIES THE DEROGATION CONTAINED IN ARTICLE 15 OF DIRECTIVE 71/118 TO THE PROHIBITION OF LEVYING CUSTOMS DUTIES OR CHARGES HAVING AN EQUIVALENT EFFECT IN ARTICLE 11 ( 2 ) OF REGULATION NO 123/67 APPLIES FROM NOTIFICATION OF THE SAID DIRECTIVE TO THE PARTICULAR MEMBER STATE IN QUESTION OR WHETHER ITS APPLICATION DEPENDS ON THE ADDITIONAL CONDITION THAT THE MEMBER STATE HAS ALREADY ADOPTED THE MEASURES NECESSARY TO COMPLY WITH THE PROVISIONS OF THE SAID DIRECTIVE .
7 AS THE COURT FOUND IN THE JUDGMENT OF 22 JANUARY 1980 IN CASE 30/79 WIGEI ( 1980 ) ECR 151 , ARTICLE 11 ( 2 ) OF REGULATION NO 123/67 IN FACT PROHIBITS , SUBJECT TO ANY DEROGATION DECIDED BY THE COUNCIL , THE LEVYING , IN TRADE WITH NON-MEMBER COUNTRIES IN FRESH POULTRYMEAT , OF CUSTOMS DUTIES OTHER THAN THOSE LAID DOWN BY THE COMMON CUSTOMS TARIFF OR DOMESTIC CHARGES HAVING EQUIVALENT EFFECT . ACCORDING TO ESTABLISHED CASE-LAW OF THE COURT THE CONCEPT OF CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY COVERS ALL PECUNIARY CHARGES , WHATEVER THEIR AMOUNT , IMPOSED BY REASON OF VETERINARY OR PUBLIC HEALTH INSPECTIONS OF ANIMALS AND MEAT IMPORTED FROM NON-MEMBER COUNTRIES , UNLESS THEY RELATE TO A GENERAL SYSTEM OF INTERNAL TAXATION APPLIED SYSTEMATICALLY IN ACCORDANCE WITH THE SAME CRITERIA AND AT THE SAME STAGE OF MARKETING TO DOMESTIC AND IMPORTED PRODUCTS ALIKE .
8 THE DEROGATION TO THAT PROHIBITION INTRODUCED BY ARTICLE 15 OF DIRECTIVE 71/118 IS INTENDED , AS THE COURT HAS ALSO ALREADY FOUND IN ITS AFORESAID JUDGMENT OF 22 JANUARY 1980 , TO LAY DOWN , ON A PROVISIONAL BASIS PENDING THE IMPLEMENTATION OF A COMMUNITY SYSTEM OF HEALTH INSPECTION OF IMPORTS OF FRESH MEAT FROM NON-MEMBER COUNTRIES , A RULE APPLICABLE TO THE NATIONAL ARRANGEMENTS FOR HEALTH INSPECTION REMAINING IN FORCE . THE OBJECT OF THE RULE IS TO ENSURE THAT INSPECTIONS EFFECTED ON IMPORTS FROM NON-MEMBER COUNTRIES AND CHARGES LEVIED IN RESPECT OF SUCH INSPECTIONS SHOULD NOT BE MORE FAVOURABLE THAN