# C_2004106EN.01001302.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/13 |
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30.4.2004

EN

Official Journal of the European Union

C 106/13

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 1 April 2004

in Case C-286/02 (reference for a preliminary ruling from the Tribunale de Treviso): Bellio F.lli against Prefettura di Treviso
   (1)

Bellio F.lli

Prefettura di Treviso

1

(‘Agriculture - Animal health - Protection measures with regard to transmissible spongiform encephalopathies - Use of animal proteins in animal feed’)

(2004/C 106/21)

Language of the case: Italian

In Case C-286/02: reference to the Court under Article 234 EC from the Tribunale di Treviso (Italy) for a preliminary ruling in the proceedings pending before that court between Bellio F.lli and Prefettura di Treviso – on the interpretation of Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (OJ 2000 L 306, p. 32) and Commission Decision 2001/9/EC of 29 December 2000 concerning control measures required for the implementation of Decision 2000/766 (OJ 2001 L 2, p. 32) – the Court (Third Chamber), composed of: A. Rosas (Rapporteur), President of the Chamber, R. Schintgen and N. Colneric, Judges; L.A. Geelhoed, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, has given a judgment on 1 April 2004, in which it has ruled:

Bellio F.lli

Prefettura di Treviso

| 1. | The first indent of Article 2(2) of Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Article 1(1) of Commission Decision 2001/9/EC of 29 December 2000 concerning control measures required for the implementation of Decision 2000/766, together with the other Community rules on which those provisions are based, must be interpreted as meaning that the presence, even accidental, of unauthorised substances in fish flour used in the production of feedingstuffs intended for animals other than ruminants is not permitted and that they allow traders no level of tolerance. The destruction of consignments of contaminated flour is a preventive measure provided for by Article 3(1) of Decision 2000/766. |
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1.

The first indent of Article 2(2) of Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Article 1(1) of Commission Decision 2001/9/EC of 29 December 2000 concerning control measures required for the implementation of Decision 2000/766, together with the other Community rules on which those provisions are based, must be interpreted as meaning that the presence, even accidental, of unauthorised substances in fish flour used in the production of feedingstuffs intended for animals other than ruminants is not permitted and that they allow traders no level of tolerance. The destruction of consignments of contaminated flour is a preventive measure provided for by Article 3(1) of Decision 2000/766.

| 2. | Article 13 of the European Economic Area Agreement of 2 May 1992 must be interpreted as meaning that Decisions 2000/766 and 2001/9 are not incompatible therewith. |
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2.

Article 13 of the European Economic Area Agreement of 2 May 1992 must be interpreted as meaning that Decisions 2000/766 and 2001/9 are not incompatible therewith.

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(1)  OJ C 247 of 12.10.2002

1

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