# C_2011179EN.01000502.xml

| 18.6.2011 | EN | Official Journal of the European Union | C 179/5 |
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18.6.2011

EN

Official Journal of the European Union

C 179/5

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Judgment of the Court (Third Chamber) of 14 April 2011 (reference for a preliminary ruling from the Raad van State (Belgium)) — Vlaamse Dierenartsenvereniging VZW (C-42/10, C-45/10 and C-57/10), Marc Janssens (C-42/10 and C-45/10) v Belgische Staat

(Joined Cases C-42/10, C-45/10 and C-57/10) (1)

1

(Veterinary and zootechnical sector - Regulation (EC) No 998/2003 - Animal health conditions applicable to non-commercial movement of pet animals - Decision 2003/803/EC - Model passport for the intra-Community movements of dogs, cats and ferrets)

2011/C 179/07

Language of the case: Dutch

Referring court

Referring court

Raad van State

Parties to the main proceedings

Parties to the main proceedings

Applicants: Vlaamse Dierenartsenvereniging VZW, Marc Janssens (C-42/10, C-45/10 and C-57/10), Marc Janssens (C-42/10 and C-45/10)

Applicants:

Defendant: Belgische Staat

Defendant:

Intervening party: Luk Vangheluwe (C-42/10)

Intervening party:

Re:

Re:

Reference for a preliminary ruling — Raad van State — Interpretation of Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (OJ 2003 L 146, p. 1) and of Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets (OJ 2003 L 312, p. 1) — National provisions requiring the inclusion in every passport of a unique number consisting of 13 characters (ISO code, followed by the identification number of the distributor and a serial number) — Means of proof of identification and registration of dogs — Data relating to the owner of the animal

Operative part of the judgment

Operative part of the judgment

| 1. | Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC and the articles of and annexes to Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets must be interpreted as meaning that they do not preclude national legislation which lays down a numbering system for pet passports comprising a unique number consisting of the two-letter ISO code for the Member State concerned followed by the identification number of the authorised distributor consisting of two digits and a serial number consisting of nine digits, provided that that legislation guarantees the uniqueness of that identification number. |
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1.

Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC and the articles of and annexes to Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets must be interpreted as meaning that they do not preclude national legislation which lays down a numbering system for pet passports comprising a unique number consisting of the two-letter ISO code for the Member State concerned followed by the identification number of the authorised distributor consisting of two digits and a serial number consisting of nine digits, provided that that legislation guarantees the uniqueness of that identification number.

| 2. | Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation No 998/2003 and the articles of and annexes to Decision 2003/803 must be interpreted as:






  — | not precluding legislation, such as that at issue in the main proceedings, under which a pet passport is used not only as a travel document pursuant to European Union legislation but also as proof of identification and registration of dogs at a national level, |
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2.

Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation No 998/2003 and the articles of and annexes to Decision 2003/803 must be interpreted as:

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not precluding legislation, such as that at issue in the main proceedings, under which a pet passport is used not only as a travel document pursuant to European Union legislation but also as proof of identification and registration of dogs at a national level,

| — | precluding legislation, such as that at issue in the main proceedings, under which only one field is available in the pet passport for entry of the identity and address of the owner of the animal and to which any later amendments are made by affixing self-adhesive stickers. |
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precluding legislation, such as that at issue in the main proceedings, under which only one field is available in the pet passport for entry of the identity and address of the owner of the animal and to which any later amendments are made by affixing self-adhesive stickers.

| 3. | National provisions, such as those in the legislation at issue in the main proceedings, concerning the pet passport and relating to its use as proof of identification and registration of dogs, and to the use of self-adhesive stickers to amend the identity details of the owner and the animal, on the one hand, and to those relating to the determination of a unique number for cats and ferrets, on the other, do not constitute technical standards within the meaning of Article 1 of Directive 98/34 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, which, in accordance with Article 8 thereof, must be communicated in advance to the Commission. |
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3.

National provisions, such as those in the legislation at issue in the main proceedings, concerning the pet passport and relating to its use as proof of identification and registration of dogs, and to the use of self-adhesive stickers to amend the identity details of the owner and the animal, on the one hand, and to those relating to the determination of a unique number for cats and ferrets, on the other, do not constitute technical standards within the meaning of Article 1 of Directive 98/34 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, which, in accordance with Article 8 thereof, must be communicated in advance to the Commission.

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(1)  OJ C 100, 17.4.2010.

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