QUESTION 3 ( A ) MUST IT BE ESTABLISHED THAT THE PROHIBITION SPECIFICALLY APPLYING TO THE USE OF A PARTICULAR PESTICIDE ON APPLES IS JUSTIFIED AS A NECESSARY MEANS OF PROTECTING PUBLIC HEALTH OR MAY THAT PROHIBITION ALSO BE REGARDED AS JUSTIFIED IF IT IS ADOPTED PURSUANT TO A GENERAL POLICY WHICH IS DESIGNED TO REDUCE AS FAR AS POSSIBLE THE PRESENCE OF RESIDUES OF PESTICIDES IN FOOD AND DRINK AND UNDER WHICH TOLERANCE LIMITS ARE FIXED FOR RESIDUES ONLY WHERE A PARTICULAR PESTICIDE IS REQUIRED FOR A PARTICULAR PRODUCT AND FROM THE POINT OF VIEW OF PUBLIC HEALTH - TAKING INTO ACCOUNT NATIONAL DIETARY HABITS - THERE ARE NO SERIOUS OBJECTIONS TO ADOPTING SUCH LIMITS?
4.(A)IS IT RELEVANT TO QUESTION 3 ( A ) AND ( B ) THAT THE NATIONAL LEGISLATION OF THE IMPORTING COUNTRY DOES NOT PERMIT RESIDUES OF A PARTICULAR PESTICIDE ON OR IN PARTICULAR KINDS OF FOOD AND DRINK BUT FIXES A MAXIMUM PERMISSIBLE RESIDUAL QUANTITY OF THE SAME PESTICIDE FOR OTHER KINDS OF FOOD AND DRINK?
( B)OR , MORE SPECIFICALLY , IS IT RELEVANT THAT IN THE NETHERLANDS A RESIDUE OF VINCHLOZOLINE IS NOT PERMITTED ON APPLES BUT IS PERMITTED ON OTHER AGRICULTURAL AND MARKET-GARDEN PRODUCE AND THAT THE MAXIMUM RESIDUAL QUANTITY OF VINCHLOZOLINE PERMITTED IN THE CASE OF SOME OF THOSE PRODUCTS IS EVEN HIGHER THAN THE QUANTITY FOUND ON THE LOT OF APPLES IN QUESTION?
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8 IN RAISING THOSE QUESTIONS , THE NATIONAL COURT SEEKS ESSENTIALLY TO ASCERTAIN WHETHER , IN THE LIGHT OF ARTICLES 30 AND 36 OF THE TREATY , LEGISLATION IN A MEMBER STATE WHICH PROHIBITS THE MARKETING OF APPLES COMING FROM ANOTHER MEMBER STATE ON THE GROUND THAT THE QUANTITY OF VINCHLOZOLINE ON OR IN THOSE APPLES EXCEEDS THE MAXIMUM LEVEL PERMITTED BY THE LAW OF THE FIRST MEMBER STATE CAN BE JUSTIFIED AS BEING NECESSARY FOR THE PROTECTION OF PUBLIC HEALTH .
9 BEFORE REPLYING TO THE QUESTIONS RAISED , IT SHOULD BE NOTED , AS THE ORDER FOR REFERENCE CORRECTLY STATES , THAT THE USE OF THE PESTICIDE IN QUESTION IS NOT REGULATED BY COUNCIL DIRECTIVE NO 76/895 OF 23 NOVEMBER 1976 RELATING TO THE FIXING OF MAXIMUM LEVELS OF PESTICIDE RESIDUES IN AND ON FRUIT AND VEGETABLES ( OFFICIAL JOURNAL 1976 , L 340 , P . 26 ).
10 WITH REGARD TO THOSE QUESTIONS , THE GERMAN AND NETHERLANDS GOVERNMENTS CONTEND THAT THE PROHIBITION IN QUESTION IS JUSTIFIED IN THE INTERESTS OF THE PROTECTION OF PUBLIC HEALTH , BECAUSE PESTICIDES ARE VERY DANGEROUS SUBSTANCES PER SE , AND THAT IT IS NOT NECESSARY , BEFORE TAKING PROTECTIVE MEASURES , TO ESTABLISH WHETHER VINCHLOZOLINE ON APPLES IS DANGEROUS .
11 ALBERT HEIJN , BV CONTENDS THAT SUCH A PROHIBITION IS DISPROPORTIONATE IN RELATION TO THE OBJECTIVE OF PROTECTING PUBLIC HEALTH , SINCE THE PESTICIDE IN QUESTION IS KNOWN TO THE NATIONAL AUTHORITIES AND IS TOLERATED ON CERTAIN FRUITS AND VEGETABLES .
12 IN THE COMMISSION ' S VIEW , IT IS NECESSARY