Keywords

Summary



Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - VETERINARY AND PUBLIC HEALTH INSPECTIONS - DOUBLE CHECK - OBLIGATION TO PRODUCE A CERTIFICATE OF THE EXPORTING MEMBER STATE ACCOMPANIED BY A FRESH VETERINARY AND PUBLIC HEALTH INSPECTION ON IMPORTATION - PROHIBITION - POSSIBILITY OF DEROGATING FROM THE SYSTEM - ABSENCE OF EFFECT

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - DEROGATIONS - ARTICLE 36 OF THE TREATY - OBJECTIVE - EXISTENCE OF HARMONIZING DIRECTIVES - INAPPLICABILITY OF ARTICLE 36

( EEC TREATY , ART . 36 )

3 . FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HUMAN AND ANIMAL HEATLH - CONDITIONS OF ADMISSIBILITY - VETERINARY AND PUBLIC HEALTH INSPECTIONS - DOUBLE CHECK - NEED FOR COOPERATION BETWEEN THE AUTHORITIES OF THE MEMBER STATES

( EEC TREATY , ART . 36 )

4 . FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HUMAN AND ANIMAL HEALTH - VETERINARY AND PUBLIC HEALTH INSPECTIONS - DISCRETIONARY POWER OF THE NATIONAL AUTHORITY TO DEROGATE - CONDITIONS FOR THE EXERCISE THEREOF - REVIEW BY THE NATIONAL COURT

( EEC TREATY , ART . 36 )

5 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CHARGE FOR A VETERINARY AND PUBLIC HEALTH INSPECTION - PROHIBITION - ADMISSIBILITY OF INSPECTION - ABSENCE OF EFFECT

( EEC TREATY , ART . 9 )

Summary

1 . THE CONCEPT OF MEASURE HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS , WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY APPLIES TO SYSTEMATIC VETERINARY AND PUBLIC HEALTH INSPECTIONS CARRIED OUT AT THE INTRA-COMMUNITY FRONTIERS AND ALSO TO THE OBLIGATIONS IMPOSED ON A TRADER TO APPLY TO BE EXEMPTED OR TO DEROGATE FROM A DOMESTIC MEASURE WHICH IS ITSELF A QUANTITATIVE RESTRICTION OR A MEASURE HAVING EQUIVALENT EFFECT .

THE FOLLOWING DOMESTIC MEASURES THUS FALL WITHIN THE PROHIBITION IN ARTICLE 30 OF THE TREATY UNLESS THEY COME WITHIN THE EXCEPTION PROVIDED FOR IN ARTICLE 36 :

- THOSE WHICH ONLY PERMIT THE IMPORTATION OF CERTAIN ANIMAL FEEDING-STUFFS IF TWO CONDITIONS ARE FULFILLED , FIRST THAT WHEN THEY ARE IMPORTED A CERTIFICATE FROM THE COMPETENT AUTHORITIES IN THE EXPORTING COUNTRY IS PRODUCED CONFIRMING THAT THE GOODS HAVE UNDERGONE A PROCESS TO DESTROY CERTAIN BACTERIA AND SECONDLY THAT THE SAID FEEDING-STUFFS SHALL BE SUBJECT UPON IMPORTATION TO A FRESH INSPECTION BY VETERINARY EXPERTS OF THE IMPORTING COUNTRY , THEIR IMPORTATION ONLY BEING POSSIBLE WHEN IT HAS BEEN ESTABLISHED THAT THEY ARE FREE FROM SUCH BACTERIA ;

- THOSE WHICH PROVIDE THAT THE COMPETENT AUTHORITY MAY GRANT EXEMPTIONS FROM SUCH PROVISIONS , ESPECIALLY AS REGARDS SYSTEMATIC INSPECTION AT THE FRONTIER , AND MAY GRANT THOSE EXEMPTIONS UPON CERTAIN CONDITIONS .

2 . ARTICLE 36 IS NOT DESIGNED TO RESERVE CERTAIN MATTERS TO THE EXCLUSIVE JURISDICTION OF MEMBER STATES BUT ONLY PERMITS NATIONAL LAWS TO DEROGATE FROM THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS TO THE EXTENT TO WHICH SUCH DEROGATION IS AND CONTINUES TO BE JUSTIFIED FOR THE ATTAINMENT OF THE OBJECTIVES REFERRED TO IN THAT ARTICLE . CONSEQUENTLY WHEN , IN APPLICATION OF ARTICLE 100 OF THE TREATY , COMMUNITY DIRECTIVES PROVIDE FOR THE HARMONIZATION OF THE MEASURES NECESSARY TO GUARANTEE THE PROTECTION OF ANIMAL AND HUMAN HEALTH AND WHEN THEY ESTABLISH PROCEDURES TO CHECK THAT THEY ARE OBSERVED , RECOURSE TO ARTICLE 36 IS NO LONGER JUSTIFIED AND THE APPROPRIATE CHECKS MUST BE CARRIED OUT AND THE PROTECTIVE MEASURES ADOPTED WITHIN THE FRAMEWORK OUTLINED BY THE HARMONIZING DIRECTIVES .

3 . A DOUBLE CHECK OF IMPORTS OF ANIMAL FEEDING-STUFFS OF ANIMAL ORIGIN CONSISTING , ON THE ONE HAND , OF THE REQUIREMENT TO PRODUCE A CERTIFICATE FROM THE COMPETENT AUTHORITY OF THE EXPORTING COUNTRY TO THE EFFECT THAT THOSE FEEDING-STUFFS HAVE UNDERGONE A PROCESS TO DESTROY CERTAIN BACTERIA AND , ON THE OTHER HAND , OF A SYSTEMATIC INSPECTION AT THE FRONTIER BY VIRTUE WHEREOF IMPORTATION IS ONLY PERMITTED AFTER CONFIRMATION THAT THE GOODS DO NOT CONTAIN THOSE BACTERIA IS MORE THAN ARTICLE 36 PERMITS IF THE HEALTH AND LIFE OF HUMANS AND ANIMALS CAN BE PROTECTED AS EFFECTIVELY BY MEASURES WHICH ARE NOT SO RESTRICTIVE OF INTRA-COMMUNITY TRADE .

IF CO-OPERATION BETWEEN THE AUTHORITIES OF THE MEMBER STATES MAKES IT POSSIBLE TO FACILITATE AND SIMPLIFY FRONTIER CHECKS , WHICH CONTINUE TO BE PERMISSIBLE BY VIRTUE OF THE EXCEPTION PROVIDED FOR BY ARTICLE 36 OF THE TREATY , THE AUTHORITIES RESPONSIBLE FOR VETERINARY AND PUBLIC HEALTH INSPECTIONS MUST ASCERTAIN WHETHER THE SUBSTANTIATING DOCUMENTS ISSUED AS PART OF SUCH CO-OPERATION DO NOT RAISE A PRESUMPTION THAT THE IMPORTED GOODS COMPLY WITH THE REQUIREMENTS OF NATIONAL VETERINARY AND PUBLIC HEALTH LEGISLATION INTENDED TO SIMPLIFY THE CHECKS CARRIED OUT WHEN THE GOODS PASS FROM ONE MEMBER STATE TO ANOTHER .

4 . ARTICLE 36 OF THE TREATY CANNOT BE INTERPRETED AS MEANING THAT IT FORBIDS IN PRINCIPLE A NATIONAL AUTHORITY , WHICH HAS IMPOSED BY A GENERAL RULE VETERINARY AND PUBLIC HEALTH RESTRICTIONS ON IMPORTS OF ANIMAL FEEDING-STUFFS , FROM PROVIDING THAT IT WILL BE POSSIBLE TO DEROGATE THEREFROM BY INDIVIDUAL MEASURES LEFT TO THE DISCRETION OF THE ADMINISTRATION IF SUCH DEROGATIONS ASSIST THE SIMPLIFICATION OF THE RESTRICTIONS IMPOSED BY THE GENERAL RULES AND IF THIS POWER OF DEROGATION DOES NOT GIVE RISE TO ARBITRARY DISCRIMINATION BETWEEN TRADERS OF DIFFERENT MEMBER STATES .

NEVERTHELESS IT DOES NOT AUTOMATICALLY FOLLOW THAT EACH OF THE CONDITIONS TO WHICH THE NATIONAL AUTHORITIY SUBJECTS THE GRANT OF SUCH AUTHORIZATION ITSELF COMPLIES WITH WHAT IS PERMITTED BY ARTICLE 36 . IT IS IN EACH CASE FOR THE NATIONAL COURTS TO DETERMINE WHETHER THESE CONDITIONS ARE NECESSARY FOR ATTAINMENT OF THE OBJECTIVE WHICH ARTICLE 36 PERMITS TO BE SOUGHT .

5 . A PECUNIARY CHARGE LEVIED FOR REASONS CONNECTED WITH VETERINARY AND PUBLIC HEALTH CHECKS , EVEN IF SUCH CHECKS TAKE THE FORM OF A SYSTEM OF INDIVIDUAL IMPORT LICENCES AND EVEN IF THIS SYSTEM IS JUSTIFIED WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY IS A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY AND PROHIBITED BY THE TREATY .