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 ".
42 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 .
43 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 COMPLIES WITH THE REQUIREMENTS OF ARTICLE 36 OF THE TREATY AS IT HAS BEEN INTERPRETED BY THE COURT .
44 IT MUST BE BORNE IN MIND, IN THE FIRST PLACE, THAT IN ITS JUDGMENTS IN THE SANDOZ, MOTTE AND MULLER CASES, CITED ABOVE, THE COURT INFERRED FROM THE PRINCIPLE OF PROPORTIONALITY UNDERLYING THE LAST SENTENCE OF ARTICLE 36 OF THE TREATY THAT PROHIBITIONS ON THE MARKETING OF PRODUCTS CONTAINING ADDITIVES AUTHORIZED IN THE MEMBER STATE OF PRODUCTION BUT PROHIBITED IN THE MEMBER STATE OF IMPORTATION MUST BE RESTRICTED TO WHAT IS ACTUALLY NECESSARY TO SECURE THE PROTECTION OF PUBLIC HEALTH . THE COURT ALSO CONCLUDED THAT THE USE OF A SPECIFIC ADDITIVE WHICH IS AUTHORIZED IN ANOTHER MEMBER STATE MUST BE AUTHORIZED IN THE CASE OF A PRODUCT IMPORTED FROM THAT MEMBER STATE WHERE, IN VIEW, ON THE ONE HAND, OF THE FINDINGS OF INTERNATIONAL SCIENTIFIC RESEARCH, AND IN PARTICULAR OF THE WORK OF THE COMMUNITY' S SCIENTIFIC COMMITTEE FOR FOOD, THE CODEX ALIMENTARIUS COMMITTEE OF THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS ( FAO ) AND THE WORLD HEALTH ORGANIZATION, AND, ON THE OTHER HAND, OF THE EATING HABITS PREVAILING IN THE IMPORTING MEMBER STATE, THE ADDITIVE IN QUESTION DOES NOT PRESENT A RISK TO PUBLIC HEALTH AND MEETS A REAL NEED, ESPECIALLY A TECHNICAL ONE .
45 SECONDLY, IT SHOULD BE REMEMBERED THAT, AS THE COURT HELD IN ITS JUDGMENT OF 6 MAY 1986 IN THE MULLER CASE, CITED ABOVE, BY VIRTUE OF THE PRINCIPLE OF PROPORTIONALITY, TRADERS MUST ALSO BE ABLE TO APPLY, UNDER A PROCEDURE WHICH IS EASILY ACCESSIBLE TO THEM AND CAN BE CONCLUDED WITHIN