BECOME UNNECESSARY OR ARE AT LEAST REDUCED TO AN OCCASIONAL CHECK THAT THE VETERINARY AND PUBLIC HEALTH MEASURES WHICH ARE REQUIRED TO BE TAKEN IN THE EXPORTING MEMBER STATE HAVE BEEN COMPLIED WITH .
28 THESE MEASURES ARE LAID DOWN UNILATERALLY BY EACH MEMBER STATE BUT HAVE BEEN MADE OBLIGATORY AND UNIFORM IN THE CASE OF ALL THE PRODUCTS IN QUESTION WHICHEVER THE EXPORTING MEMBER STATE OR THE MEMBER STATE OF DESTINATION MAY BE .
29 ON THE OTHER HAND THEY ARE NOT PRESCRIBED BY EACH MEMBER STATE IN ORDER TO PROTECT SOME INTEREST OF ITS OWN BUT BY THE COUNCIL IN THE GENERAL INTEREST OF THE COMMUNITY .
30 THEY CANNOT THEREFORE BE REGARDED AS UNILATERAL MEASURES WHICH HINDER TRADE BUT RATHER AS OPERATIONS INTENDED TO PROMOTE THE FREE MOVEMENT OF GOODS , IN PARTICULAR BY RENDERING INEFFECTIVE THE OBSTACLES TO THIS FREE MOVEMENT WHICH MIGHT BE CREATED BY THE MEASURES FOR VETERINARY AND PUBLIC HEALTH INSPECTIONS ADOPTED PURSUANT TO ARTICLE 36 .
31 IN THESE CIRCUMSTANCES FEES CHARGED FOR VETERINARY AND PUBLIC HEALTH INSPECTIONS , WHICH ARE PRESCRIBED BY A COMMUNITY PROVISION , WHICH ARE UNIFORM AND ARE REQUIRED TO BE CARRIED OUT BEFORE DESPATCH WITHIN THE EXPORTING COUNTRY DO NOT CONSTITUTE CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES ON EXPORTS , PROVIDED THAT THEY DO NOT EXCEED THE ACTUAL COST OF THE INSPECTION FOR WHICH THEY WERE CHARGED .
32 THE REASONS FOR THE PROHIBITION OF ANY OBSTACLE TO INTRA-COMMUNITY TRADE , WHETHER SUCH OBSTACLE TAKES THE FORM OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES OR OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS , DO NOT APPLY TO THIS CASE .
33 MOREOVER , AS FAR AS THE QUESTION WHETHER IT IS LAWFUL TO DEMAND A FEE IS CONCERNED , A DISTINCTION MUST BE MADE BETWEEN THE INSPECTIONS PRESCRIBED BY THE DIRECTIVE AND THOSE OCCASIONAL INSPECTIONS WHICH , ACCORDING TO ITS PROVISIONS , ONLY MEMBER STATES ARE PERMITTED TO CARRY OUT AT THE FRONTIER , BECAUSE THE FORMER ARE OBLIGATORY AND OF GENERAL APPLICATION SO THAT THEY AFFECT ALL THE GOODS CONCERNED , WHEREAS THE FEES CHARGED FOR THE LATTER , WHICH ARE ONLY CARRIED OUT IN A RANDOM MANNER , ARE ONLY BORNE BY THE GOODS WHICH ARE INSPECTED .
34 IT IS A QUESTION MOREOVER OF THE COMPENSATION , JUSTIFIED ON ECONOMIC AND FINANCIAL GROUNDS , FOR AN OBLIGATION IMPOSED BY COMMUNITY LAW ON ALL THE MEMBER STATES EQUALLY .
35 THE COSTS OF THE INSPECTION MAY WELL VARY FROM ONE MEMBER STATE TO ANOTHER SO THAT THE FEES MAY PROVE TO BE DIFFERENT ACCORDING TO THE MEMBER STATE WHERE THE INSPECTION IS CARRIED OUT .
36 ALTHOUGH IT MAY BE DESIRABLE TO SEE THESE CHARGES HARMONIZED , THE FACT THAT , IF THEY ARE NOT TO BE DESIGNATED AS CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES , THEY MUST NOT EXCEED THE ACTUAL COSTS OF THE OPERATION , REMOVES THEM FROM THE CATEGORY OF PROHIBITED AIDS TO EXPORTS