TREATY REGARDING THE FREE MOVEMENT OF GOODS IN THE COMMUNITY INASMUCH AS IT AMOUNTED TO A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLES 30 TO 36 OF THE TREATY .
8 IN ORDER TO DETERMINE WHETHER THAT SUBMISSION WAS WELL-FOUNDED AND THEREBY TO DECIDE THE CASE , THE GERECHTSHOF AMSTERDAM REFERRED THE FOLLOWING QUESTION TO THE COURT OF JUSTICE :
' ' MUST THE REQUIREMENTS CONTAINED IN THE EEC TREATY REGARDING THE FREE MOVEMENT OF GOODS WITHIN THE EEC , NOTWITHSTANDING THE PROVISION IN ARTICLE 36 OF THE TREATY REGARDING A PROHIBITION WHICH IS JUSTIFIED ON THE GROUNDS OF THE PROTECTION OF HEALTH AND THE LIFE OF HUMANS , BE CONSTRUED TO THE EFFECT THAT A PROVISION AS CONTAINED IN ARTICLE 8 ( H ) OF THE ' ' SMELTKAASBESLUIT ' ' CONTAINING A PROHIBITION ON THE PRESENCE OF ADDITIVES , INCLUDING NISIN , IN PROCESSED CHEESE OTHER THAN THOSE WHICH THE ORDER PERMITS OR FOR WHICH AN EXEMPTION IS GRANTED , IS INCOMPATIBLE WITH THOSE REQUIREMENTS IN ITS ENTIRETY OR AT LEAST AS REGARDS THE PROHIBITION OF ADDING NISIN TO PROCESSED CHEESE IN RESPECT OF BOTH HOME-PRODUCED CHEESE SPREAD AND CHEESE SPREAD IMPORTED INTO THE NETHERLANDS ; DOES IT MAKE ANY DIFFERENCE TO THE ANSWER THAT AS REGARDS THE ADDITION OF NISIN TO PROCESSED CHEESE SUCH EXEMPTION IS GRANTED ONLY FOR PROCESSED CHEESE WHICH IS CLEARLY INTENDED FOR EXPORT?
' '
9 BY THAT QUESTION , THE NATIONAL COURT IS ASKING ESSENTIALLY WHETHER THE PROVISIONS OF THE TREATY RELATING TO THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY MUST , HAVING REGARD TO ARTICLE 36 OF THE TREATY , BE CONSTRUED AS MEANING THAT THEY PRECLUDE NATIONAL RULES PROHIBITING THE ADDITION OF NISIN TO PRODUCTS SUCH AS PROCESSED CHEESE AND WHETHER SUCH A PROHIBITION IS COMPATIBLE WITH THE TREATY OWING , IN PARTICULAR , TO THE FACT THAT IT APPLIES ONLY TO PRODUCTS INTENDED FOR SALE ON THE DOMESTIC MARKET AND DOES NOT COVER PRODUCTS INTENDED FOR EXPORT TO OTHER MEMBER STATES .
10 CONSIDERATION OF THE PAPERS IN THE CASE AND THE INFORMATION PROVIDED DURING THE ORAL PROCEDURE SHOW THAT THE ADDITION OF NISIN TO PROCESSED CHEESE IS NOT THE SUBJECT OF UNIFORM RULES IN ALL THE MEMBER STATES . WHEREAS IT IS TOTALLY PROHIBITED IN DOMESTIC TRADE BY CERTAIN MEMBER STATES , SUCH AS THE NETHERLANDS , IT IS PERMITTED IN OTHER MEMBER STATES WITHOUT RESTRICTION OR SUBJECT TO PRESCRIBED MAXIMUM LEVELS .
11 IN VIEW OF THIS DISPARITY OF RULES IT CANNOT BE DISPUTED THAT THE PROHIBITION BY CERTAIN MEMBER STATES OF THE MARKETING ON THEIR TERRITORY OF PROCESSED CHEESE CONTAINING ADDED NISIN IS OF SUCH A NATURE AS TO AFFECT IMPORTS OF THAT PRODUCT FROM OTHER MEMBER STATES WHERE , CONVERSELY , THE ADDITION OF NISIN IS WHOLLY OR PARTIALLY PERMITTED AND THAT IT FOR THAT REASON CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION .
12 HOWEVER , ALTHOUGH ARTICLES 30 AND 34 OF