Opinion of the Advocate General — ECLI:EU:C:2006:349
Date: 2006-05-30
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Agriculture – Approximation of laws concerning health policy – Veterinary checks of products entering the Community from third countries (Council Regulation No 2377/90, Art. 5; Council Directive 97/78, Arts 17(2)(a) and 22(2)) In accordance with Article 17(2)(a) of Directive 97/78 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, national authorities can object to the redispatch of a consignment that does not satisfy the import conditions where Community requirements are not met. Moreover, under Article 22(2) of Directive 97/78, read in conjunction with Article 5 of Regulation No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin, where, following veterinary inspections carried out pursuant to that directive, the products are revealed to contain a substance listed in Annex IV to that regulation, the competent veterinary authorities are imperatively required to seize and destroy those products. (see paras 17, 29, operative part 1-2)