BY PRODUCERS MAY MAKE IT IMPOSSIBLE FOR CHEESE TO BE MARKETED , RE-SOLD , IMPORTED OR EXPORTED .
33 WHETHER A REQUIREMENT TO BECOME AFFILIATED TO AN INSPECTION AGENCY APPROVED BY A MEMBER STATE IS CONSISTENT WITH COMMUNITY LAW DEPENDS IN THE FIRST PLACE ON WHETHER THE OBJECTIVES PURSUED BY THE INSPECTION AGENCY ITSELF ARE CONSISTENT WITH COMMUNITY LAW , A MATTER WHICH THE NATIONAL COURT WILL HAVE TO DETERMINE IN THE LIGHT OF THE ANSWER GIVEN TO THE FIRST TWO QUESTIONS .
34 IF THE NATIONAL COURT CONCLUDES THAT THE AIMS OF THE INSPECTION AGENCY ARE COMPATIBLE WITH COMMUNITY LAW , IT IS FOR THAT COURT SUBSEQUENTLY TO ASCERTAIN WHETHER THE MEANS CHOSEN TO ENSURE COMPLIANCE WITH THE NATIONAL RULES ARE CAPABLE OF MODIFYING PATTERNS OF IMPORTS AND EXPORTS BY PREVENTING PRODUCERS FROM MARKETING THE PRODUCTS CONCERNED FREELY .
35 IN THAT REGARD IT MUST BE POINTED OUT THAT THERE IS NOTHING TO PREVENT A MEMBER STATE FROM ESTABLISHING AN INSPECTION AGENCY AND ALLOWING IT TO EXERCISE AUTHORITY OVER PRODUCERS , OR EVEN FROM REQUIRING THEM TO REGISTER WITH , OR BECOME AFFILIATED TO , THAT AGENCY , PROVIDED THAT SUCH MEASURES ARE NECESSARY TO ENSURE COMPLIANCE WITH THE RULES ADOPTED IN ACCORDANCE WITH COMMUNITY LAW .
36 HOWEVER , IT IS CONTRARY TO COMMUNITY LAW FOR A MEMBER STATE , EITHER DIRECTLY OR THROUGH THE INTERMEDIARY OF BODIES ESTABLISHED OR APPROVED BY OFFICIAL AUTHORITY , TO RESERVE EXCLUSIVELY TO PERSONS AFFILIATED TO SUCH BODIES THE RIGHT TO MARKET , RE-SELL , IMPORT , EXPORT AND OFFER FOR EXPORT DOMESTIC CHEESE PRODUCTION . IT IS FOR THE NATIONAL COURT TO ASCERTAIN WHETHER THAT IS THE EFFECT OF THE LEGISLATION SUBMITTED FOR ITS CONSIDERATION , EITHER BECAUSE FAILURE TO REGISTER OR TO BECOME AFFILIATED RESULTS IN A PROHIBITION OF CARRYING ON BUSINESS OR BECAUSE THE REQUIREMENT OF AFFILIATION GOES BEYOND WHAT IS NECESSARY TO ENSURE COMPLIANCE WITH THE RULES ON QUALITY . IN PARTICULAR , IT IS FOR THE NATIONAL COURT TO ASCERTAIN WHETHER , IN ORDER TO ENSURE SUCH COMPLIANCE , THE LEGISLATION MUST ALSO APPLY TO TRADERS WHO ARE NOT ENGAGED IN THE PRODUCTION OF CHEESE OR IN PROCESSES ASSIMILATED TO PRODUCTION , SUCH AS MATURATION .
37 THE ANSWER TO THE THIRD QUESTION MUST THEREFORE BE THAT REGULATION NO 804/68 IS TO BE INTERPRETED AS MEANING THAT IT DOES NOT PREVENT A MEMBER STATE FROM REQUIRING CHEESE PRODUCERS TO BECOME AFFILIATED TO AN INSPECTION AGENCY PROVIDED THAT THE OBJECTIVES PURSUED BY THAT AGENCY ARE CONSISTENT WITH COMMUNITY LAW AND THAT THE MARKETING , RE-SALE , IMPORT , EXPORT OR OFFERING FOR EXPORT OF CHEESE PRODUCTS IS NOT RESERVED EXCLUSIVELY TO PERSONS AFFILIATED TO THAT AGENCY .
FOURTH QUESTION RELATING TO THE GENERAL PRINCIPLES OF COMMUNITY LAW
38 THE FOURTH QUESTION SEEKS IN SUBSTANCE TO ASCERTAIN WHETHER THE MEMBER STATES , WHERE THEY ARE EMPOWERED TO LAY DOWN RULES CONCERNING THE QUALITY OF CHEESE , ARE BOUND BY THE GENERAL PRINCIPLES OF COMMUNITY LAW AND IN PARTICULAR BY