# C_2007155EN.01000201.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/2 |
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7.7.2007

EN

Official Journal of the European Union

C 155/2

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Judgment of the Court (Second Chamber) of 24 May 2007 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands)) — Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit

(Case C-45/05) (1)

1

(Agricultural structures - Community aid schemes - Beef and veal sector - Identification and registration of bovine animals - Slaughter premium - Exclusion and reduction)

(2007/C 155/02)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Applicant: Maatschap Schonewille-Prins

Applicant:

Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit

Defendant:

Re:

Reference for a preliminary ruling — College van Beroep voor het bedrijfsleven — Interpretation of Article 21 of Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (OJ 1999 L 160, p. 21) and of Articles 44, 45 and 47(2) of Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92 (OJ 2001 L 327, p. 11) — Interpretation of Article 11 of Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes (OJ 1992 L 391, p. 36) and of Article 22 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ 2000 L 204, p. 1) — Slaughter premium — Compliance with Regulation No 1760/2000 — Community exclusions and reductions — Application to national exclusions and reductions — Corrections and additions made to the information on the computerised database

Operative part of the judgment

| 1. | Article 21 of Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal must be interpreted as meaning that the failure to comply with the period for notification to the computerised database of the movement of a bovine animal to or from a holding, laid down in the second indent of Article 7(1) of Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97, renders that bovine animal ineligible for a slaughter premium and, consequently, results in the exclusion of that premium for that animal. |
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1.

Article 21 of Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal must be interpreted as meaning that the failure to comply with the period for notification to the computerised database of the movement of a bovine animal to or from a holding, laid down in the second indent of Article 7(1) of Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97, renders that bovine animal ineligible for a slaughter premium and, consequently, results in the exclusion of that premium for that animal.

| 2. | Consideration of the second question referred has revealed nothing capable of casting doubt on the validity of Article 21 of Regulation No 1254/1999 in the light of the principle of proportionality, in so far as that article renders a bovine animal in respect of which there has been a failure to comply with the notification period set out in Article 7(1), second indent, of Regulation No 1760/2000 ineligible for a slaughter premium and consequently results in the exclusion of that premium for that animal. |
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2.

Consideration of the second question referred has revealed nothing capable of casting doubt on the validity of Article 21 of Regulation No 1254/1999 in the light of the principle of proportionality, in so far as that article renders a bovine animal in respect of which there has been a failure to comply with the notification period set out in Article 7(1), second indent, of Regulation No 1760/2000 ineligible for a slaughter premium and consequently results in the exclusion of that premium for that animal.

| 3. | Articles 44 and 45 of Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92 do not apply to the exclusion of a slaughter premium for a bovine animal in respect of which the information regarding its movement to or from a holding was not notified to the computerised database within the period laid down in Article 7(1), second indent, of Regulation No 1760/2000, so as to render that bovine animal eligible for a slaughter premium, even in the case where that information sent to the database in question after the expiry of the prescribed period was correct. |
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3.

Articles 44 and 45 of Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92 do not apply to the exclusion of a slaughter premium for a bovine animal in respect of which the information regarding its movement to or from a holding was not notified to the computerised database within the period laid down in Article 7(1), second indent, of Regulation No 1760/2000, so as to render that bovine animal eligible for a slaughter premium, even in the case where that information sent to the database in question after the expiry of the prescribed period was correct.

| 4. | Article 11 of Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes and/or Article 22 of Regulation No 1760/2000 must be interpreted as meaning that a Member State cannot lay down national penalties consisting in reductions and exclusions from the total amount of Community aid which can be claimed by a farmer who has applied for a slaughter premium, since penalties of that type are already set out in detail in Regulation No 3887/92. |
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4.

Article 11 of Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes and/or Article 22 of Regulation No 1760/2000 must be interpreted as meaning that a Member State cannot lay down national penalties consisting in reductions and exclusions from the total amount of Community aid which can be claimed by a farmer who has applied for a slaughter premium, since penalties of that type are already set out in detail in Regulation No 3887/92.

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(1)  OJ C 93, 16.4.2005.

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