Opinion of the Advocate General — ECLI:EU:C:2008:127
Date: 2008-02-28
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Beef and veal
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 1. Agriculture – Common organisation of the markets – Export refunds – Conditions for granting (Commission Regulation No 615/98, Art. 1; Council Directive 91/628, as amended by Directive 95/29, Annex, point 48(7)(b)) 2. Agriculture – Common organisation of the markets – Export refunds – Conditions for granting (Council Directive 91/628, as amended by Directive 95/29, Annex, point 48(7)(a)) 3. Agriculture – Common organisation of the markets – Export refunds – Conditions for granting (Council Directive 91/628, as amended by Directive 95/29, Art. 5A, point 2(d)(ii), first indent) 1. Article 1 of Regulation No 615/98 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport cannot be interpreted as meaning that point 48(7)(b) of the annex to Directive 91/628 on the protection of animals during transport and amending Directives 90/425 and 91/496, as amended by Directive 95/29, must be applied to the case of transport by sea on a link between a geographical point of the European Community and a geographical point in a third country by means of vehicles loaded onto vessels without unloading of the animals. Point 48(7)(b) of the annex to Directive 91/628 applies to transport by roll-on/roll-off ferry on a regular and direct link between two geographical points of the Community which must, by definition, be in a position to comply with the conditions set out in that point. (see paras 24, 26, operative part 1) 2. Point 48(7)(a) of the annex to Directive 91/628 on the protection of animals during transport and amending Directives 90/425 and 91/496, as amended by Directive 95/29, must be interpreted as meaning that, in the case of transport by sea between a geographical point of the European Community and a geographical point situated in a third country by means of vehicles loaded onto vessels without unloading the animals, the duration of the transport does not have to be taken into account if the animals are transported in accordance with the conditions laid down in point 48(3) and (4) of the annex to Directive 91/628, apart from journey times and rest periods. If that is the case, a further period of transport by road may begin immediately after unloading the lorry at the port of destination in the third country, in accordance with point 48(4)(d). (see para. 35, operative part 2) 3. A route plan containing a pre-typed statement indicating that during the ferry journey animals are fed and watered ‘in the evenings and mornings, at midday, and in the evenings and mornings’ may satisfy the requirements of Directive 91/628 on the protection of animals during transport and amending Directives 90/425 and 91/496, as amended by Directive 95/29, provided that it is established that the animals were in fact fed and watered as stated. If the competent authority considers, in the light of all the documents submitted by the exporter, that the requirements of that directive have not been complied with, it is for that authority to assess whether that non-compliance had an effect on the welfare of the animals, whether such non-compliance may, where appropriate, be remedied and whether it must result in the export refund being forfeited, reduced or retained. (see para. 47, operative part 3)