# C_2023189EN.01000702.xml

| 30.5.2023 | EN | Official Journal of the European Union | C 189/7 |
| --- | --- | --- | --- |

30.5.2023

EN

Official Journal of the European Union

C 189/7

---

Request for a preliminary ruling from the Raad van State (Belgium) lodged on 10 January 2023 — Marvesa Rotterdam NV v Federaal Agentschap voor de veiligheid van de voedselketen (FAVV)

(Case C-7/23, Marvesa Rotterdam)

(2023/C 189/10)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: Marvesa Rotterdam NV

Defendant: Federaal Agentschap voor de veiligheid van de voedselketen (FAVV)

Questions referred

| 1. | Is Part I of the Annex to Decision 2002/994/EC (1) concerning certain protective measures with regard to the products of animal origin imported from China, as amended by Implementing Decision (EU) 2015/1068 (2) amending Decision 2002/994/EC concerning certain protective measures with regard to the products of animal origin imported from China, to be interpreted as meaning that the term ‘fishery products’ covers both products intended for human consumption and products intended for animal consumption, and that, therefore, fish oil intended for animal feed use can be regarded as a ‘fishery product’ within the meaning of the abovementioned annex? |
| --- | --- |

1.

Is Part I of the Annex to Decision 2002/994/EC (1) concerning certain protective measures with regard to the products of animal origin imported from China, as amended by Implementing Decision (EU) 2015/1068 (2) amending Decision 2002/994/EC concerning certain protective measures with regard to the products of animal origin imported from China, to be interpreted as meaning that the term ‘fishery products’ covers both products intended for human consumption and products intended for animal consumption, and that, therefore, fish oil intended for animal feed use can be regarded as a ‘fishery product’ within the meaning of the abovementioned annex?

| 2. | If the answer to the first question is in the negative, does Part I of the Annex to Decision 2002/994/EC ... infringe Article 22(1) of Council Directive 97/78/EC (3) of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, where appropriate read in conjunction with Article 1 of Protocol (No 2) to the TFEU on the application of the principles of subsidiarity and proportionality, in that fishery products for human consumption originating from China are exempt from the import ban laid down in Article 2 of Decision 2002/994/EC, whereas fishery products for animal consumption originating from China are subject to that import ban? |
| --- | --- |

2.

If the answer to the first question is in the negative, does Part I of the Annex to Decision 2002/994/EC ... infringe Article 22(1) of Council Directive 97/78/EC (3) of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, where appropriate read in conjunction with Article 1 of Protocol (No 2) to the TFEU on the application of the principles of subsidiarity and proportionality, in that fishery products for human consumption originating from China are exempt from the import ban laid down in Article 2 of Decision 2002/994/EC, whereas fishery products for animal consumption originating from China are subject to that import ban?

---

(1)  OJ 2002 L 348, p. 154.

(2)  OJ 2015 L 174, p. 30.

(3)  OJ 1998 L 24, p. 9.

---