COMPLIES WITH THE REQUIREMENTS OF ARTICLE 36 OF THE TREATY AS IT HAS BEEN INTERPRETED BY THE COURT .
38 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 .
39 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 A REASONABLE TIME, FOR THE USE OF SPECIFIC ADDITIVES TO BE AUTHORIZED BY MEANS OF A MEASURE OF GENERAL APPLICATION .
40 IT SHOULD BE POINTED OUT THAT IT MUST BE OPEN TO TRADERS TO CHALLENGE BEFORE THE COURTS AN UNJUSTIFIED FAILURE TO GRANT AUTHORIZATION . WITHOUT PREJUDICE TO THE RIGHT OF THE COMPETENT NATIONAL AUTHORITIES OF THE IMPORTING MEMBER STATE TO ASK TRADERS TO PRODUCE THE INFORMATION IN THEIR POSSESSION WHICH MAY BE USEFUL FOR THE PURPOSES OF ASSESSING THE FACTS, IT IS FOR THOSE AUTHORITIES TO DEMONSTRATE, AS THE COURT HELD IN ITS JUDGMENT OF 6 MAY 1986 IN THE MULLER CASE, CITED ABOVE, THAT THE PROHIBITION IS JUSTIFIED ON GROUNDS RELATING TO THE PROTECTION OF THE HEALTH OF ITS POPULATION .
41 IT MUST BE OBSERVED THAT THE GREEK RULES ON ADDITIVES APPLICABLE TO BEER RESULT IN THE EXCLUSION OF ALL THE ADDITIVES AUTHORIZED IN THE OTHER MEMBER STATES AND NOT THE EXCLUSION OF JUST SOME OF THEM FOR WHICH THERE IS CONCRETE JUSTIFICATION BY REASON OF THE RISKS WHICH THEY INVOLVE IN VIEW OF THE EATING HABITS OF THE GREEK POPULATION; MOREOVER, THOSE RULES DO NOT LAY DOWN ANY PROCEDURE WHEREBY TRADERS CAN OBTAIN AUTHORIZATION FOR THE USE OF A SPECIFIC ADDITIVE IN THE MANUFACTURE OF BEER BY MEANS OF A MEASURE OF GENERAL APPLICATION .
42 AS REGARDS MORE SPECIFICALLY THE DANGERS INHERENT