# C_2007297EN.01002302.xml

| 8.12.2007 | EN | Official Journal of the European Union | C 297/23 |
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8.12.2007

EN

Official Journal of the European Union

C 297/23

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Reference for a preliminary ruling from the Raad van State (The Netherlands) lodged on 17 September 2007 — Exportslachterij J. Gosschalk & Zoon B.V. v Minister van Landbouw, Natuur en Voedselkwaliteit

(Case C-430/07)

(2007/C 297/38)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: Exportslachterij J. Gosschalk & Zoon B.V.

Applicant:

Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit

Defendant:

Questions referred

| 1. | Are the BSE tests which from 1 January 2001 were obligatory under the Regeling uitvoer vers vlees en vleesbereidingen (Regulation on the export of fresh meat and meat preparations) 1985 (Staatscourant 2001, No. 218), which served to implement Article 1(3) of Decision 2000/764/EC (1) on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalopathies, tests within the meaning of Article 2(1) of Regulation (EC) No 2777/2000 adopting exceptional support measures for the beef market (2)? |
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1.

Are the BSE tests which from 1 January 2001 were obligatory under the Regeling uitvoer vers vlees en vleesbereidingen (Regulation on the export of fresh meat and meat preparations) 1985 (Staatscourant 2001, No. 218), which served to implement Article 1(3) of Decision 2000/764/EC (1) on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalopathies, tests within the meaning of Article 2(1) of Regulation (EC) No 2777/2000 adopting exceptional support measures for the beef market (2)?

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| 2. | If so, should Article 2(1) of Regulation No 2777/2000 be seen as an intervention intended to stabilise the beef market (market support) within the meaning of Article 1(2)(b) of Regulation No 1258/1999 on the financing of the common agricultural policy (3), or as a specific veterinary measure within the meaning of subparagraph (d) of this provision, or both? |
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2.

If so, should Article 2(1) of Regulation No 2777/2000 be seen as an intervention intended to stabilise the beef market (market support) within the meaning of Article 1(2)(b) of Regulation No 1258/1999 on the financing of the common agricultural policy (3), or as a specific veterinary measure within the meaning of subparagraph (d) of this provision, or both?

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| 3. | If it is (also) a case of market support, does it then mean, given the judgment of the Court in Case C-239/01 Federal Republic of Germany v Commission
   (4), that the tests should be financed exclusively by the Community and that therefore Article 2(2) of Regulation No 2777/2000 is invalid because of conflict with Regulation No 1254/1999 (5) in that it provides that the Community only partially contributes to the costs of the BSE tests? |
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3.

If it is (also) a case of market support, does it then mean, given the judgment of the Court in Case C-239/01 Federal Republic of Germany v Commission
   (4), that the tests should be financed exclusively by the Community and that therefore Article 2(2) of Regulation No 2777/2000 is invalid because of conflict with Regulation No 1254/1999 (5) in that it provides that the Community only partially contributes to the costs of the BSE tests?

Federal Republic of Germany

Commission

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| 4. | If Article 2(2) of Regulation No 2777/2000 is valid, does this Regulation then preclude the Member States from passing on the costs for carrying out BSE tests to the market participants? |
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4.

If Article 2(2) of Regulation No 2777/2000 is valid, does this Regulation then preclude the Member States from passing on the costs for carrying out BSE tests to the market participants?

| 5. | Must the last sentence of Article 5(4) of Directive 85/73/EEC on the financing of veterinary inspections and controls (6) covered by Directives 89/662/EEC (7), 90/425/EEC (8), 90/675/EEC (9) and 91/496/EEC (10), as amended and consolidated by Council Directive 96/43/EC, be interpreted as meaning that this Directive does not preclude the Member State from passing on the costs of the BSE tests which were carried out? If so, what requirements must be met by a fee for the BSE tests which were carried out? |
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5.

Must the last sentence of Article 5(4) of Directive 85/73/EEC on the financing of veterinary inspections and controls (6) covered by Directives 89/662/EEC (7), 90/425/EEC (8), 90/675/EEC (9) and 91/496/EEC (10), as amended and consolidated by Council Directive 96/43/EC, be interpreted as meaning that this Directive does not preclude the Member State from passing on the costs of the BSE tests which were carried out? If so, what requirements must be met by a fee for the BSE tests which were carried out?

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(1)  Commission Decision of 29 November 2000 (OJ 2000 L 305, p. 35).

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(2)  Commission Regulation of 18 December 2000 (OJ 2000 L 321, p. 47).

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(3)  Council Regulation of 17 May 1999 (OJ 1999 L 160, p. 103).

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(4)  Federal Republic of Germany v Commission [2003] ECR I-10333.

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Federal Republic of Germany

Commission

(5)  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).

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(6)  Council Directive of 29 January 1985 on the financing of health inspections and controls of fresh meat and poultrymeat (OJ 1985 L 32, p. 14).

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(7)  Council Directive of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ 1990 L 151, p. 40).

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(8)  Council Directive of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ 1990 L 224, p. 29).

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(9)  Council Directive of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (OJ 1990 L 373, p. 1).

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(10)  Council Directive of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ 1991 L 268, p. 56).

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