PART OF THAT REGULATION , BE CONSTRUED AS MEANING THAT NATIONAL RULES OF THE KIND DESCRIBED ABOVE STIPULATING THAT THE ACKNOWLEDGEMENTS OF RECEIPT AND CERTIFICATES REFERRED TO IN REGULATION ( EEC ) NO 2638/69 ARE TO BE ISSUED BY THE QUALITY CONTROL BUREAU DESIGNATED AS THE CHECKING AUTHORITY WITHIN THE MEANING OF REGULATION ( EEC ) NO 1035/72 ONLY TO MEMBERS OF THAT ASSOCIATION INCORPORATED UNDER PRIVATE LAW , ARE IMCOMPATIBLE WITH REGULATION NO 1035/72 AND ARTICLES 30 AND 34 OF THE TREATY , BEARING IN MIND THAT :
THE NATIONAL RULES PROVIDE THAT THE QUALITY CONTROL BUREAU IS UNDER A DUTY TO ACCEPT AS A MEMBER ANY PERSON NOTIFYING IT IN WRITING OF HIS WISH TO BECOME SUBJECT TO ITS SUPERVISION IN ACCORDANCE WITH ITS RULES ;
THE NATIONAL RULES PROVIDE THAT THE SUPERVISION TO WHICH MEMBERS OF THE QUALITY CONTROL BUREAU ARE SUBJECT UNDER ITS RULES CONSISTS EXCLUSIVELY IN CHECKING THAT THE PROVISIONS OF REGULATION ( EEC ) NO 1035/72 AND NO 2638/69 ARE COMPLIED WITH AND THAT THE COMMUNITY QUALITY STANDARDS ADOPTED PURSUANT TO THOSE REGULATIONS ARE OBSERVED?
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5 THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES INVOLVES THE ADOPTION OF COMMON QUALITY STANDARDS THE APPLICATION OF WHICH SHOULD HAVE THE EFFECT , ACCORDING TO THE FOURTH RECITAL IN THE PREAMBLE TO REGULATION NO 1035/72 , OF INTER ALIA FACILITATING TRADE RELATIONS BASED ON FAIR COMPETITION . ACCORDING TO ARTICLE 8 OF THE REGULATION , THE TASK OF ENSURING THAT THOSE STANDARDS ARE COMPLIED WITH IS TO BE CARRIED OUT BY AUTHORITIES APPOINTED BY EACH MEMBER STATE .
6 ARTICLE 1 OF REGULATION ( EEC ) NO 2638/69 OF THE COMMISSION OF 24 DECEMBER 1969 LAYING DOWN ADDITIONAL PROVISIONS ON QUALITY CONTROL OF FRUIT AND VEGETABLES MARKETED WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1969 ( II ), P . 611 ) PROVIDES THAT ALL CONSIGNMENTS FOR DISPATCH OUTSIDE A FORWARDING AREA ( FOR THIS PURPOSE THE WHOLE TERRITORY OF THE KINGDOM OF THE NETHERLANDS CONSTITUTES A SINGLE FORWARDING AREA ) MUST BE NOTIFIED BY THE CONSIGNOR TO THE COMPETENT AUTHORITY RESPONSIBLE FOR INSPECTION WHICH , DEPENDING ON THE CASE , MUST ISSUE EITHER A CERTIFICATE OF INSPECTION OR AN ACKNOWLEDGEMENT OF RECEIPT TO ACCOMPANY THE GOODS .
7 AS THE NATIONAL COURT ITSELF STATES IN THE QUESTION SUBMITTED , THE NATIONAL LEGISLATION BY WHICH THE SYSTEM OF INSPECTION IS IMPLEMENTED IN THE NETHERLANDS DESIGNATES THE BUREAU AS THE SOLE CHECKING AUTHORITY FOR THAT PURPOSE AND IN ADDITION STIPULATES THAT THE DOCUMENTS TO BE USED AS PROOF , SUCH AS THE CERTIFICATES OF INSPECTION AND ACKNOWLEDGEMENTS OF RECEIPT , ARE TO BE ISSUED BY THE BUREAU ONLY TO ITS MEMBERS . CONSEQUENTLY ANY PERSON WISHING TO EXPORT FRUIT AND VEGETABLES TO OTHER MEMBER STATES MUST BECOME A MEMBER OF THE BUREAU .
8 IN ORDER TO ANSWER THE QUESTION SUBMITTED IT MUST BE RECALLED , AS THE COURT HAS STATED ON SEVERAL OCCASIONS AND AS THE NATIONAL COURT ALSO MENTIONS