INFECTED BY FIELD VIRUS WHICH HAS ENTERED VACCINATED BIRDS AND REMAINED ACTIVE IN THE CARCASES OF THOSE BIRDS OR IN MEAT PRODUCTS PREPARED FROM THOSE CARCASES IS EXTREMELY SLIGHT . THE QUESTION WHICH MUST BE ANSWERED IS WHETHER THE POSSIBILITY OF SUCH INFECTION WOULD BE SO MUCH DUE TO SHEER HAZARD THAT IT CANNOT JUSTIFY A COMPLETE PROHIBITION OF IMPORTS FROM MEMBER STATES WHICH PERMIT VACCINATION .
42 ON THAT POINT , IT MUST BE ACCEPTED THAT THE STATE OF AVIAN HEALTH HAS BEEN EXTREMELY GOOD IN IRELAND FOR SOME YEARS , BUT THAT SUCH A STATE MAY RENDER THE FLOCK HIGHLY VULNERABLE TO INFECTION AND MAY THEREFORE JUSTIFY MEASURES WHICH WOULD SERVE NO PURPOSE UNDER DIFFERENT CIRCUMSTANCES .
43 NEVERTHELESS , THE COURT CONSIDERS THAT THE PROHIBITIONS IN QUESTION ARE WIDER THAN MAY BE JUSTIFIED BY ARTICLE 36 OF THE TREATY . THE PROHIBITION OF IMPORTS OF CARCASES AND POULTRYMEAT IS IN ANY EVENT OUT OF PROPORTION TO THE AIM PURSUED WHERE THOSE IMPORTS COME FROM A COUNTRY IN WHICH NO OUTBREAK OF NEWCASTLE DISEASE HAS BEEN DETECTED OVER A NUMBER OF YEARS AND WHERE , MOREOVER , IT IS ESTABLISHED THAT THE CARCASES AND MEAT IN QUESTION ARE OF UNVACCINATED BIRDS .
44 THEREFORE , ALTHOUGH ARTICLE 36 OF THE TREATY PERMITS IRELAND TO CONTINUE TO CARRY OUT CONTROLS AND , WHERE NECESSARY , TO RESTRICT IMPORTS IN ORDER TO PROTECT ITS POULTRY FLOCK FROM NEWCASTLE DISEASE , THAT PROVISION IS NONE THE LESS INFRINGED WHERE THE MEMBER STATE CONCERNED PROHIBITS ALL IMPORTS OF POULTRY CARCASES AND POULTRYMEAT FROM ALL MEMBER STATES OTHER THAN DENMARK AND NORTHERN IRELAND .
45 THAT CONCLUSION IS NOT INVALIDATED BY THE DEFENDANT ' S CONTENTIONS CONCERNING AVIAN DISEASES OTHER THAN NEWCASTLE DISEASE . IT IS CLEAR FROM THE EVIDENCE ADDUCED THAT , IN SO FAR AS THOSE DISEASES HAVE APPEARED IN THE COMMUNITY POULTRY FLOCK IN RECENT YEARS , THEY ARE NOT NORMALLY SPREAD BY POULTRY CARCASES AND POULTRYMEAT OR BY EGGS NOT INTENDED FOR HATCHING . ALTHOUGH IT IS NOT POSSIBLE FROM THE VETERINARY POINT OF VIEW TO RULE OUT ALL RISK OF INFECTION FROM THAT SOURCE , IT IS COMMON GROUND THAT SUCH RISK IS CERTAINLY NO GREATER THAN THAT OF INFECTION BY NEWCASTLE DISEASE .
46 IT FOLLOWS FROM ALL THESE CONSIDERATIONS THAT THE COMMISSION ' S APPLICATION MUST BE UPHELD ON THAT POINT .
( B ) THE LICENSING SYSTEM
47 THE SECOND COMPLAINT MADE BY THE COMMISSION AGAINST IRELAND IS THAT IT HAS INTRODUCED AN IMPORT LICENSING SYSTEM . SUCH A SYSTEM IS SAID BY ITS VERY NATURE TO BE CONTRARY TO THE PROVISIONS OF ARTICLES 30 AND 36 OF THE TREATY , EXCEPT WHERE THE LICENCES IN QUESTION ARE OPEN GENERAL LICENCES .
48 SINCE THE COMMISSION HAS PRESENTED THAT COMPLAINT IN GENERAL TERMS , WITHOUT REFERENCE TO THE IMPORT SYSTEM AT PRESENT APPLIED IN IRELAND ( NAMELY , A TOTAL BAN ON IMPORTS OF THE PRODUCTS IN QUESTION EXCEPT FROM DENMARK OR NORTHERN IRELAND ),