ARE DISPROPORTIONATE IN ANY EVENT IN SO FAR AS THEY COMPLETELY PRECLUDE THE USE OF ADDITIVES AND ENZYMES .
33 FOR ITS PART, THE HELLENIC REPUBLIC CONSIDERS THAT, IN VIEW OF THE DANGERS RESULTING FROM THE UTILIZATION OF ADDITIVES WHOSE LONG-TERM EFFECTS ARE NOT YET KNOWN AND IN PARTICULAR OF THE RISKS RESULTING FROM THE ACCUMULATION OF ADDITIVES IN THE ORGANISM AND THEIR INTERACTION WITH OTHER SUBSTANCES, IT IS NECESSARY TO MINIMIZE THE QUANTITY OF ADDITIVES INGESTED . IT IS ESPECIALLY NECESSARY TO PRECLUDE THE USE OF ADDITIVES AND ENZYMES IN THE MANUFACTURE OF BEER SINCE THEY ARE NOT TECHNOLOGICALLY NECESSARY WHEN BEER IS MANUFACTURED USING ONLY THE RAW MATERIALS PRESCRIBED BY THE BEER TAX LAW . IN THOSE CIRCUMSTANCES, THE GREEK RULES ON ADDITIVES AND ENZYMES IN BEER ARE FULLY JUSTIFIED BY THE NEED TO SAFEGUARD PUBLIC HEALTH AND DO NOT INFRINGE THE PRINCIPLE OF PROPORTIONALITY .
34 IT IS NOT CONTESTED THAT THE PROHIBITION ON THE MARKETING OF BEERS CONTAINING ADDITIVES OR MANUFACTURED USING ENZYMES CONSTITUTES A BARRIER TO THE IMPORTATION FROM OTHER MEMBER STATES OF BEERS WHICH CONTAIN ADDITIVES AUTHORIZED IN THOSE STATES OR IN WHOSE MANUFACTURE ENZYMES WERE USED, AND IS TO THAT EXTENT COVERED BY ARTICLE 30 OF THE EEC TREATY . HOWEVER, IT MUST BE ASCERTAINED WHETHER IT IS POSSIBLE TO JUSTIFY THAT PROHIBITION UNDER ARTICLE 36 OF THE TREATY ON GROUNDS OF THE PROTECTION OF HUMAN HEALTH .
35 IN SO FAR AS ADDITIVES ARE CONCERNED, THE COURT HAS CONSISTENTLY HELD ( IN PARTICULAR IN THE JUDGMENT OF 14 JULY 1983 IN CASE 174/82 SANDOZ BV (( 1983 )) ECR 2445 ) THAT "IN SO FAR AS THERE ARE UNCERTAINTIES AT THE PRESENT STATE OF SCIENTIFIC RESEARCH IT IS FOR THE MEMBER STATES, IN THE ABSENCE OF HARMONIZATION, TO DECIDE WHAT DEGREE OF PROTECTION OF THE HEALTH AND LIFE OF HUMANS THEY INTEND TO ASSURE, HAVING REGARD, HOWEVER, TO THE REQUIREMENTS OF THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY ".
36 AS MAY ALSO BE SEEN FROM THE DECISIONS OF THE COURT ( AND ESPECIALLY THE JUDGMENT OF 14 JULY 1983 IN THE SANDOZ CASE, CITED ABOVE, THE JUDGMENT OF 10 DECEMBER 1985 IN CASE 247/84 MOTTE (( 1985 )) ECR 3887, AND THE JUDGMENT OF 6 MAY 1986 IN CASE 304/84 MINISTERE PUBLIC V MULLER AND OTHERS (( 1986 )) ECR 1511, IN SUCH CIRCUMSTANCES COMMUNITY LAW DOES NOT PRECLUDE THE ADOPTION BY THE MEMBER STATES OF LEGISLATION WHEREBY THE USE OF ADDITIVES IS SUBJECTED TO PRIOR AUTHORIZATION GRANTED BY A MEASURE OF GENERAL APPLICATION FOR SPECIFIC ADDITIVES, IN RESPECT OF ALL PRODUCTS, FOR CERTAIN PRODUCTS ONLY OR FOR CERTAIN USES . SUCH LEGISLATION MEETS A GENUINE NEED OF HEALTH POLICY, NAMELY THAT OF RESTRICTING THE UNCONTROLLED CONSUMPTION OF FOOD ADDITIVES .
37 HOWEVER, THE APPLICATION TO IMPORTED PRODUCTS OF PROHIBITIONS ON MARKETING PRODUCTS CONTAINING ADDITIVES WHICH ARE AUTHORIZED IN THE MEMBER STATE OF PRODUCTION BUT PROHIBITED IN THE MEMBER STATE OF IMPORTATION IS PERMISSIBLE ONLY IN SO FAR AS IT