RESULTING IN THE MANUFACTURE OF A NEW PRODUCT OR REPRESENTING AN IMPORTANT STAGE OF MANUFACTURE . ' '
THE COMMISSION EXERCISED ITS POWER UNDER ARTICLE 14 OF THAT REGULATION TO LAY DOWN THE IMPLEMENTING PROVISIONS NECESSARY IN ORDER TO APPLY ARTICLE 5 ABOVE , AND PROVIDED IN ARTICLE 1 OF ITS REGULATION NO 964/71 THAT THE SLAUGHTER OF ANIMALS DOES NOT CONFER ON MEAT WHICH IS THUS OBTAINED THE ORIGIN OF THE COUNTRY IN WHICH THE SLAUGHTER TOOK PLACE UNLESS ' ' THE ANIMALS IN QUESTION HAVE BEEN FATTENED IN THAT COUNTRY . . . DURING A PERIOD OF AT LEAST THREE MONTHS IN THE CASE OF . . . CATTLE . ' '
5 IN ORDER TO BE ABLE TO DETERMINE , FOR THE PURPOSES OF THE APPLICATION OF REGULATION NO 611/77 , THE ORIGIN OF THE MEAT WHICH HAD BEEN IMPORTED BY ZENTRAG , THE FINANZGERICHT DUSSELDORF REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ' 1 . IS ARTICLE 1 OF REGULATION ( EEC ) NO 964/71 OF THE COMMISSION OF 10 MAY 1971 INVALID ON THE GROUND THAT IT INFRINGES REGULATION ( EEC ) NO 802/68 OF THE COUNCIL OF 27 JUNE 1968?
2.DOES THE PROCESSING OF MEAT BY BONING , TRIMMING , DRAWING THE SINEWS AND CUTTING INTO PIECES CONSTITUTE A PROCESS DETERMINING ORIGIN FOR THE PURPOSES OF ARTICLE 5 OF REGULATION NO 802/68?
' '
THE FIRST QUESTION
6 IT IS CLEAR FROM THE ORDER MAKING THE REFERENCE THAT THE FINANZGERICHT ' S FIRST QUESTION , RELATING TO THE COMPATIBILITY OF REGULATION NO 964/71 WITH THE CRITERIA FOR DETERMINING ORIGIN LAID DOWN BY ARTICLE 5 OF REGULATION NO 802/68 , CALLS FOR AN EXAMINATION OF THE QUESTION WHETHER REGULATION NO 964/71 HAS THE EFFECT OF PREVENTING PROCESSING OPERATIONS CARRIED OUT ON THE MEAT AFTER SLAUGHTER , AND IN PARTICULAR THE PREPARATION OF PIECES INTENDED FOR SALE TO THE CONSUMER , FROM CONFERRING ON THE MEAT THE ORIGIN OF THE COUNTRY WHERE THOSE OPERATIONS TAKE PLACE , AND IS INVALID ON THOSE GROUNDS .
7 IN THIS CONNECTION , ZENTRAG , THE CUSTOMS AUTHORITY AND THE COMMISSION MAINTAINED IN THEIR OBSERVATIONS BEFORE THE COURT THAT REGULATION NO 964/71 IS NOT INTENDED TO DEAL WITH THE QUESTION WHETHER AND IN WHAT CONDITIONS PROCESSING OPERATIONS SUBSEQUENT TO SLAUGHTER ARE OF SUCH A NATURE AS TO CONFER UPON THE MEAT SUBJECTED TO THOSE OPERATIONS THE ORIGIN OF THE COUNTRY WHERE THEY TAKE PLACE .
8 AS IS CLEAR FROM THE SECOND AND THIRD RECITALS IN THE PREAMBLE TO REGULATION NO 964/71 , THE COMMISSION WAS OF THE OPINION , WHEN IT ADOPTED THAT REGULATION , THAT SLAUGHTER ALONE , TOGETHER WITH CERTAIN RELATED OPERATIONS , COULD NOT BE REGARDED AS A SUBSTANTIAL PROCESS OR OPERATION CARRIED OUT ON THE MEAT WITHIN THE MEANING OF ARTICLE 5 OF REGULATION NO 802/68 , AND FOR THAT REASON IT PROVIDED THAT SLAUGHTER CONFERS ON THE MEAT THE ORIGIN OF THE COUNTRY WHERE IT TAKES PLACE IF