57With regard to the justification of those provisions in the light of Article 13 of the EEA Agreement, it should be noted that in the absence of harmonisation and to the extent that uncertainties continue to exist in the current state of scientific research, it is for the Contracting Parties to decide on the level of protection of human health they wish to ensure, taking account of the fundamental requirements of EEA law and, in particular, the free movement of goods in the EEA (Case E-3/00 EFTA Surveillance Authority v Norway [2000-2001] EFTA Court Report p. 73, paragraph 25; see, in this connection, with regard to the free movement of goods in the Community, Case 174/82 Sandoz [1983] ECR 2445, paragraph 16; Case C-192/01 Commission v Denmark [2003] ECR I-9693, paragraph 42, and Case C-24/00 Commission v France [2004] ECR I-1277, paragraph 49).
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