IN THE INGESTION OF ADDITIVES GENERALLY, WHICH, IN THE GREEK GOVERNMENT' S VIEW, JUSTIFY THE PROHIBITION ON THE USE OF ANY ADDITIVE IN BEER, IT MUST BE POINTED OUT THAT MERE REFERENCE TO THE POTENTIAL RISKS DOES NOT SUFFICE TO JUSTIFY THE IMPOSITION OF AN ABSOLUTE BAN ON THEIR USE IN BEER WHEN THE RULES APPLICABLE TO OTHER PRODUCTS PERMIT THE USE OF ADDITIVES .
43 AS REGARDS THE NEED, AND IN PARTICULAR THE TECHNOLOGICAL NEED, FOR ADDITIVES, THE GREEK GOVERNMENT ARGUES THAT THERE IS NO NEED FOR ADDITIVES IF BEER IS MANUFACTURED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 3 OF THE BEER TAX LAW .
44 IT MUST BE EMPHASIZED THAT MERE REFERENCE TO THE FACT THAT BEER CAN BE MANUFACTURED WITHOUT ADDITIVES IF IT IS MADE FROM ONLY THE RAW MATERIALS PRESCRIBED IN GREECE DOES NOT SUFFICE TO PRECLUDE THE POSSIBILITY THAT SOME ADDITIVES MAY MEET A TECHNOLOGICAL NEED . SUCH AN INTERPRETATION OF THE CONCEPT OF TECHNOLOGICAL NEED, WHICH RESULTS IN FAVOURING NATIONAL PRODUCTION METHODS, CONSTITUTES A DISGUISED MEANS OF RESTRICTING TRADE BETWEEN MEMBER STATES .
45 THE CONCEPT OF TECHNOLOGICAL NEED MUST BE ASSESSED IN THE LIGHT OF THE RAW MATERIALS UTILIZED AND BEARING IN MIND THE ASSESSMENT MADE BY THE AUTHORITIES OF THE MEMBER STATE WHERE THE PRODUCT WAS LAWFULLY MANUFACTURED AND MARKETED . ACCOUNT MUST ALSO BE TAKEN OF THE FINDINGS OF INTERNATIONAL SCIENTIFIC RESEARCH, AND IN PARTICULAR THE WORK OF THE COMMUNITY' S SCIENTIFIC COMMITTEE FOR FOOD, THE CODEX ALIMENTARIUS COMMITTEE OF THE FAO AND THE WORLD HEALTH ORGANIZATION .
46 CONSEQUENTLY, IN SO FAR AS THE GREEK RULES ON ADDITIVES IN BEER ENTAIL A GENERAL BAN ON ADDITIVES, THEIR APPLICATION TO BEERS IMPORTED FROM OTHER MEMBER STATES IS CONTRARY TO THE REQUIREMENTS OF COMMUNITY LAW AS LAID DOWN IN THE CASE-LAW OF THE COURT, SINCE THAT PROHIBITION IS CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY AND IS THEREFORE NOT COVERED BY THE EXCEPTION PROVIDED FOR IN ARTICLE 36 OF THE EEC TREATY .
47 THAT ASSESSMENT APPLIES A FORTIORI TO THE PROHIBITION ON THE MARKETING OF BEER MANUFACTURED USING ENZYMES . ON THE ONE HAND, IT CANNOT BE SERIOUSLY ARGUED THAT SUCH ENZYMES ARE DANGEROUS FOR HUMAN HEALTH SINCE THEIR UTILIZATION IN FRUIT JUICE IS PERMITTED AT COMMUNITY LEVEL BY COUNCIL DIRECTIVE 75/726/EEC OF 17 NOVEMBER 1975 ( OFFICIAL JOURNAL 1975, L 311, P.*40 ), AS AMENDED BY COUNCIL DIRECTIVE 79/168 OF 13 FEBRUARY 1979 ( OFFICIAL JOURNAL 1979, L 37, P.*27 ). FURTHERMORE, THE GREEK GOVERNMENT ITSELF DOES NOT DENY THAT THE ENZYMES DISAPPEAR DURING MANUFACTURE OR REMAIN IN THE FINISHED PRODUCT ONLY IN NEGLIGIBLE PROPORTIONS .
48 IN VIEW OF THE FOREGOING CONSIDERATIONS IT MUST BE HELD THAT, BY PROHIBITING THE MARKETING OF BEERS LAWFULLY MANUFACTURED AND MARKETED IN ANOTHER MEMBER STATE IF THEY DO NOT COMPLY WITH THE REQUIREMENTS LAID DOWN IN THE GREEK LEGISLATION, THE HELLENIC REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 OF THE EEC TREATY .
Decision on costs
COSTS
49 UNDER ARTICLE