IN THE COURSE OF PROCEEDINGS INSTITUTED BY A WHOLESALER OF HORSEMEAT , WHO WISHES TO EXTEND HIS OPERATIONS TO THE MANUFACTURE OF SAUSAGES FROM HORSEMEAT , AGAINST THE REFUSAL OF THE PRODUKTSCHAP , THE DEFENDANT IN THE MAIN ACTION , TO EXEMPT HIM FROM THE PROHIBITION SET OUT IN ARTICLE 3 ( 1 ) OF THE ABOVE-MENTIONED REGULATION .
3 THE ORDER FOR REFERENCE , IN PARTICULAR POINT 7 , SHOWS THAT THE REGULATION IN QUESTION WAS ADOPTED FOR THE PURPOSE OF PROTECTING NETHERLANDS EXPORTS OF MEAT PRODUCTS BOTH TO MEMBER STATES AND TO NON-MEMBER COUNTRIES WHICH CONSTITUTE IMPORTANT EXPORT MARKETS AND WHERE THERE ARE OBJECTIONS TO THE CONSUMPTION OF HORSEMEAT OR INDEED WHERE THE IMPORTATION OF PRODUCTS CONTAINING HORSEMEAT IS PROHIBITED . AS IT IS PRACTICALLY IMPOSSIBLE TO DETERMINE THE PRESENCE OF HORSEMEAT IN MEAT PRODUCTS THE SOLE MEANS OF ENSURING THAT SUCH PRODUCTS DO NOT CONTAIN HORSEMEAT IS TO PROHIBIT MANUFACTURERS OF MEAT PRODUCTS FROM HAVING IN STOCK , PREPARING OR PROCESSING HORSEMEAT . THUS EXPORTS OF MEAT PRODUCTS TO THE UNITED STATES MUST BE ACCOMPANIED BY A CERTIFICATE THAT THE PRODUCTS IN QUESTION MEET REQUIREMENTS AT LEAST EQUIVALENT TO THOSE LAID DOWN BY UNITED STATES RULES IN THAT FIELD , WHEREBY A SIMILAR PROHIBITION IS IMPOSED . ARTICLE 3 ( 1 ) OF THE ABOVE-MENTIONED REGULATION APPLIES SOLELY TO THE INDUSTRIAL MANUFACTURE OF MEAT PRODUCTS BUT NOT TO THE STOCKING OR RETAIL SALE OF HORSEMEAT BY BUTCHERS . THE FILE FURTHER ESTABLISHES THAT THE REGULATION IN QUESTION DOES NOT AFFECT IMPORTS OR RE-EXPORTS OF HORSEMEAT ORIGINATING IN OTHER MEMBER STATES OR NON-MEMBER COUNTRIES .
4 SINCE THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN DOUBTS WHETHER THAT REGULATION IS COMPATIBLE WITH COMMUNITY LAW IT HAS SUBMITTED THE FOLLOWING QUESTION :
' ' MUST ARTICLE 34 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , READ POSSIBLY IN CONJUNCTION WITH ANY OTHER PROVISION OF THAT TREATY AND/OR WITH ANY PRINCIPLE FUNDAMENTAL TO THAT TREATY , BE INTERPRETED TO MEAN THAT THE PROHIBITION ON HAVING IN STOCK , PREPARING AND PROCESSING HORSEMEAT SET OUT IN ARTICLE 3 ( 1 ) OF THE VERORDNING BE- EN VERWERKING VLEES 1973 OF THE PRODUKTSCHAP - HAVING REGARD INTER ALIA TO THE PURPOSE AND SCOPE OF THAT PROHIBITION AS THEY HAVE BEEN SET OUT IN POINT 7 OF THIS ORDER - IS INCOMPATIBLE WITH THAT ARTICLE OF THE TREATY?
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5 AS A PRELIMINARY OBSERVATION IT SHOULD BE POINTED OUT THAT THE MARKET AFFECTED BY THE NATIONAL MEASURE IN QUESTION , THAT IN HORSEMEAT , IS NOT GOVERNED BY ANY SPECIFIC COMMUNITY REGULATION . COUNCIL DIRECTIVE NO 79/99/EEC OF 21 DECEMBER 1976 ( OFFICIAL JOURNAL 1977 , L 26 , P . 85 ) ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN MEAT PRODUCTS , CITED BY THE COMMISSION IN ITS OBSERVATIONS , CONCERNS A PROBLEM ENTIRELY DISTINCT FROM THAT WHICH FORMS THE SUBJECT-MATTER OF THE NATIONAL MEASURE IN QUESTION . IT FOLLOWS THAT THE COMPATIBILITY OF A MEASURE OF THE KIND REFERRED TO