# C_2006190EN.01000702.xml

| 12.8.2006 | EN | Official Journal of the European Union | C 190/7 |
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12.8.2006

EN

Official Journal of the European Union

C 190/7

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Reference for a preliminary ruling from the Unabhängiger Finanzsenat Salzburg-Aigen (Austria) lodged on 8 May 2006 — Schwaninger Martin, Viehhandel — Viehexport v Zollamt Salzburg, Erstattungen

(Case C-207/06)

(2006/C 190/12)

Language of the case: German

Referring court

Unabhängiger Finanzsenat Salzburg-Aigen

Parties to the main proceedings

Applicant: Martin Schwaninger, Viehhandel — Viehexport

Applicant:

Defendant: Zollamt Salzburg, Erstattungen

Defendant:

Questions referred

| 1. | Is Article 1 of Commission Regulation (EC) No 615/98 (1) of 18 March 1998 to be understood as meaning that Chapter VII 48 point 7(b) of the annex to Directive 91/628/EEC (2) of 19 November 1991 applies analogously in the case of transport by sea on a regular and direct link between a geographical point of the Community and a geographical point in a third country by means of vehicles loaded on to vessels without unloading of the animals? |
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1.

Is Article 1 of Commission Regulation (EC) No 615/98 (1) of 18 March 1998 to be understood as meaning that Chapter VII 48 point 7(b) of the annex to Directive 91/628/EEC (2) of 19 November 1991 applies analogously in the case of transport by sea on a regular and direct link between a geographical point of the Community and a geographical point in a third country by means of vehicles loaded on to vessels without unloading of the animals?

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| 2. | If question one is answered in the affirmative, is Chapter VII 48 point 7(b) of the annex to Directive 91/628/EEC to be understood as meaning that, in the case of transport of bovine animals, the journey time by sea does not comply with the rule in point 4(d) if, after 14 hours of travel, the animals are not given a rest period of at least one hour? |
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2.

If question one is answered in the affirmative, is Chapter VII 48 point 7(b) of the annex to Directive 91/628/EEC to be understood as meaning that, in the case of transport of bovine animals, the journey time by sea does not comply with the rule in point 4(d) if, after 14 hours of travel, the animals are not given a rest period of at least one hour?

| 3. | If question one is answered in the negative, is the then applicable provision in Chapter VII 48 point 7(a) of the annex to Directive 91/628/EEC to be understood as meaning that the journey time by sea on a regular and direct link between a geographical point of the Community and a geographical point in a third country by means of vehicles loaded on to vessels without unloading of the animals is immaterial provided that the animals are regularly fed and watered and, in such a case, does a further period of 29 hours of transport by road begin immediately after unloading the lorry at the port of destination? |
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3.

If question one is answered in the negative, is the then applicable provision in Chapter VII 48 point 7(a) of the annex to Directive 91/628/EEC to be understood as meaning that the journey time by sea on a regular and direct link between a geographical point of the Community and a geographical point in a third country by means of vehicles loaded on to vessels without unloading of the animals is immaterial provided that the animals are regularly fed and watered and, in such a case, does a further period of 29 hours of transport by road begin immediately after unloading the lorry at the port of destination?

| 4. | If question three (point 2.3) is answered in the affirmative, is the first indent of Article 5A point 2(d)(ii) of Directive 91/628/EEC to be understood as meaning that the staff in charge of the transport are required to state in the route plan the times at which the animals transported were fed and watered during the ferry journey and that a pre-typed statement indicating that 'during the ferry journey, animals are fed and watered in the evenings and mornings, at midday, and in the evenings and mornings' does not meet the requirements of Directive 91/628/EEC, with the effect in law that the failure to sate the measures actually taken to care for the animals leads to a loss of the right to an export refund in so far as the proof required cannot by provided by any other means? |
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4.

If question three (point 2.3) is answered in the affirmative, is the first indent of Article 5A point 2(d)(ii) of Directive 91/628/EEC to be understood as meaning that the staff in charge of the transport are required to state in the route plan the times at which the animals transported were fed and watered during the ferry journey and that a pre-typed statement indicating that 'during the ferry journey, animals are fed and watered in the evenings and mornings, at midday, and in the evenings and mornings' does not meet the requirements of Directive 91/628/EEC, with the effect in law that the failure to sate the measures actually taken to care for the animals leads to a loss of the right to an export refund in so far as the proof required cannot by provided by any other means?

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(1)  OJ 1998 L 82, p. 19.

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(2)  OJ 1991 L 340, p. 17.

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