Opinion of the Advocate General — ECLI:EU:C:2004:460
Date: 2004-07-15
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 1. Agriculture – Approximation of laws – Health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products – Directive 92/46 – Meaning of ‘milk for the manufacture of milk-based products’ – Milk constituents of a product which also contains other non-milk constituents which cannot be separated from the former – Excluded (Council Directive 92/46, Art. 2(2)) 2. Agriculture – Approximation of laws – Health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products – Directive 92/46 – Meaning of ‘milk-based products’ – Semi-finished products – Included – Criteria – Characteristics and objective properties of the product (Council Directive 92/46, Art. 2(4)) 1. Article 2(2) of Directive 92/46 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products is to be interpreted as meaning that the expression ‘milk for the manufacture of milk-based products’ does not include milk constituents of a product which also contains other non-milk constituents if the milk constituent cannot be separated from the non-milk constituents. That provision covers only milk regarded as a single product whose composition could be modified only by the addition and/or removal of natural milk constituents. (see paras 26, 28, operative part 1) 2. Article 2(4) of Directive 92/46 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products is to be interpreted as meaning that the term ‘milk-based products’ covers both finished products and semi-finished products which must undergo further processing before they can be offered for sale to the consumer. In such a case, it is with regard to the semi-finished product that it must be ascertained whether its milk content is an essential part, in terms of quantity or for its characterisation. To do that, account must be taken of the characteristics and objective properties of the semi-finished product when it is imported, particularly the proportion of milk or milk product which it contains, the use which can be made of it and its taste. (see paras 34, 37-39, operative part 2)