# C_2010100EN.01002302.xml

| 17.4.2010 | EN | Official Journal of the European Union | C 100/23 |
| --- | --- | --- | --- |

17.4.2010

EN

Official Journal of the European Union

C 100/23

---

Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 28 January 2010 — 1. Vlaamse Dierenartsenvereniging VZW, 2. Marc Janssens v Belgian State

(Case C-45/10)

2010/C 100/34

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 |
| --- | --- | --- |
| Defendant | : | Belgian State |

Applicants

:

Vlaamse Dierenartsenvereniging VZW

Marc Janssens

Defendant

:

Belgian State

Questions referred

Questions referred

| 1. | Do Articles 3(b), 4(2), 5 and the second subparagraph of Article 17 of Regulation 998/2003/EC (1) of the European Parliament and 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 and annexes of Commission Decision 2003/803/EC (2) of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets preclude a national legislative measure which also uses the model of the European pet passport as proof of the identification and registration of dogs and in so doing makes provision for third parties to make changes regarding the identification of the owner and the animal in Parts I to III of a European pet passport attested by an authorised veterinarian by means of identification stickers which are superimposed on the previous identification details? |
| --- | --- |

1.

Do Articles 3(b), 4(2), 5 and the second subparagraph of Article 17 of Regulation 998/2003/EC (1) of the European Parliament and 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 and annexes of Commission Decision 2003/803/EC (2) of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets preclude a national legislative measure which also uses the model of the European pet passport as proof of the identification and registration of dogs and in so doing makes provision for third parties to make changes regarding the identification of the owner and the animal in Parts I to III of a European pet passport attested by an authorised veterinarian by means of identification stickers which are superimposed on the previous identification details?

1

2

| 2. | Are national provisions which also use the model of the European pet passport, as contained in Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets, as proof of the identification and registration of dogs and in so doing make provision for third parties to make changes regarding the identification of the owner and the animal in Parts I to III of such a passport by means of identification stickers, technical regulations within the meaning of Article 1 of Directive 98/34/EC (3) of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, which under Article 8 of that directive must be communicated to the European Commission before they are enacted? |
| --- | --- |

2.

Are national provisions which also use the model of the European pet passport, as contained in Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets, as proof of the identification and registration of dogs and in so doing make provision for third parties to make changes regarding the identification of the owner and the animal in Parts I to III of such a passport by means of identification stickers, technical regulations within the meaning of Article 1 of Directive 98/34/EC (3) of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, which under Article 8 of that directive must be communicated to the European Commission before they are enacted?

3

---

(1)  OJ 2003 L 146, p. 1.

1

(2)  OJ 2003 L 312, p. 1.

2

(3)  OJ 1998 L 204, p. 37.

3

---