Keywords

Summary



Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - POULTRY-MEAT - TRADE WITH NON-MEMBER COUNTRIES - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - DEROGATION - CHARGE FOR PUBLIC HEALTH INSPECTIONS - CIRCUMSTANCES IN WHICH PERMISSIBLE

( REGULATION NOS 123/67 AND 2777/75 OF THE COUNCIL , ART . 11 ( 2 ); COUNCIL DIRECTIVE NO 71/118 , ART . 15 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - POULTRY-MEAT - TRADE WITH NON-MEMBER COUNTRIES - CHARGE FOR PUBLIC HEALTH INSPECTIONS - PERMISSIBILITY

( COUNCIL DIRECTIVE NO 71/118 , ART . 15 )

Summary

1 . ALTHOUGH ARTICLE 11 ( 2 ) OF REGULATION NOS 123/67 AND 2777/75 PROHIBITS THE LEVYING , IN TRADE WITH NON-MEMBER COUNTRIES IN FRESH POULTRY-MEAT , OF CUSTOMS DUTIES OTHER THAN THOSE LAID DOWN BY THE COMMON CUSTOMS TARIFF OR CHARGES HAVING EQUIVALENT EFFECT , THIS PROHIBITION ONLY APPLIES SUBJECT EITHER TO ANY PROVISIONS TO THE CONTRARY CONTAINED IN THE SAID REGULATIONS OR TO ANY DEROGATION THEREFROM DECIDED BY THE COUNCIL ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION . SINCE ARTICLE 15 OF COUNCIL DIRECTIVE NO 71/118/EEC ON HEALTH PROBLEMS AFFECTING TRADE IN FRESH POULTRY-MEAT IS IN FACT A DEROGATION WITHIN THE MEANING OF THE AFORESAID PROVISION INASMUCH AS IT IS DESIGNED TO PREVENT NATIONAL ARRANGEMENTS FOR HEALTH INSPECTION , MAINTAINED PROVISIONALLY IN FORCE IN RESPECT OF IMPORTS OF FRESH POULTRY-MEAT FROM NON-MEMBER COUNTRIES , FROM BEING LESS STRICT AND LESS ONEROUS THAN THE SYSTEM OF HEALTH INSPECTIONS LAID DOWN BY THE DIRECTIVE FOR INTRA-COMMUNITY TRADE , THE PROHIBITION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES MAY NOT BE RELIED ON FOR THE PURPOSE OF PREVENTING MEMBER STATES LEVYING AT THE EXTERNAL FRONTIERS OF THE COMMUNITY CHARGES FOR THE HEALTH INSPECTIONS WHICH THEY CARRY OUT OF IMPORTS OF FRESH POULTRY-MEAT FROM NON-MEMBER COUNTRIES . NEVERTHELESS , IF THE INSPECTIONS WERE CLEARLY OUT OF ALL PROPORTION TO THE OBJECTIVE SOUGHT OR IF THE CHARGES WERE CLEARLY TO EXCEED THE COST OF THE INSPECTIONS , THEY WOULD BE OUTSIDE THE FIELD OF APPLICATION OF THE DEROGATION ALLOWED BY ARTICLE 11 ( 2 ) OF THE AFORESAID REGULATIONS .

2 . ARTICLE 15 OF DIRECTIVE NO 71/118/EEC AUTHORIZES A MEMBER STATE TO LEVY A CHARGE TO COVER THE COSTS OF AN INSPECTION OF IMPORTS OF FRESH POULTRY-MEAT FROM NON-MEMBER COUNTRIES , EVEN THOUGH THE LAW OF THAT MEMBER STATE ALLOWS SUCH IMPORTATION ONLY IF PROVISIONS FOR PUBLIC HEALTH INSPECTION OF A STANDARD EQUIVALENT TO THOSE WHICH THE DIRECTIVE LAYS DOWN IN THE CASE OF TRADE BETWEEN MEMBER STATES HAVE BEEN COMPLIED WITH IN THE NON-MEMBER EXPORTING COUNTRY AND EVEN THOUGH THESE INSPECTIONS ALREADY GIVE RISE IN THE NON-MEMBER EXPORTING COUNTRY TO THE LEVYING OF CHARGES . THE FACT THAT CHARGES FOR PUBLIC HEALTH INSPECTIONS HAVE BEEN LEVIED IN THE NON-MEMBER EXPORTING COUNTRY DOES NOT IN PRINCIPLE HAVE ANY EFFECT ON THE LEVEL OF THE CHARGES LEVIED BY MEMBER STATES FOR PUBLIC HEALTH INSPECTIONS AT THE EXTERNAL FRONTIERS OF THE COMMUNITY . THESE INSPECTIONS MAY BE SYSTEMATIC AND DESIGNED TO ASCERTAIN WHETHER THE CONSIGNMENTS IMPORTED BEAR THE REQUISITE MARKINGS AND WHETHER , ON THE BASIS OF SAMPLES TAKEN , THE POULTRY-MEAT PRODUCED FOR IMPORTATION PROVES TO BE FIT FOR CONSUMPTION .