CELEX: C1997/295/41
Language: en
Date: 1997-09-27 00:00:00
Title: Reference for a preliminary ruling from the Regeringsrätt by order of that court of 23 July 1997 in the case brought by Kjell Karlsson and Others against Jordbruksverket (Case C-292/97)

C 295/24               EN                 Official Journal of the European Communities                                     27 . 9 . 97
     may be accepted that the act by which the President                   who — for reasons outside their control — have not
     appoints a doctor to represent the applicant on the                   delivered milk throughout the necessary qualification
     Committee is itself an administrative act, the acts                   period for the award of quota (1 March 1994 to
     which precede it or directly follow from it must                      1 January 1995 ) are refused a quota ?
     involve full consultation of the other party.
     Consequently, the Commission was under an
     obligation to inform the applicant of its decision to           (') OJ L 405 , 31 . 12 . 1992, p . 40.
     refer the matter to the President of the Court of
     Justice. Once that appointment had taken place, the
     Commission was also obliged to communicate a copy
     of the appointment order made by the President of the
     Court of Justice.
— Infringement of the first paragraph of Article 9 of                Reference for a preliminary ruling by the Divisional
     Annex II to the Staff Regulations of Officials: the             Court, Queen's Bench Division, by order of that court of
     Court of First Instance wrongly considered that the             17 June 1997, in the case of The Queen against
     applicant was in a position to exercise the rights              ( 1 ) Secretary of State for the Environment (2 ) Minister of
     conferred on her by that provision.                             Agriculture, Fisheries & Food, ex parte: ( 1 ) H. A.
                                                                     Standley and Others (2 ) D. G. D. Metson and Others,
                                                                                   Intervener: National Farmers ' Union
                                                                                                ( Case C-293/97 )
                                                                                                  ( 97/C 295/42 )
Reference for a preliminary ruling from the Regeringsratt
by order of that court of 23 July 1997 in the case brought
    by Kjell Karlsson and Others against Jordbruksverket
                                                                     Reference has been made to the Court of Justice of the
                         (Case C-292/97)                             European Communities by an order of the Divisional
                          ( 97/C 295/41 )                            Court, Queen's Bench Division, of 17 June 1997, which
                                                                     was received at the Court Registry on 11 August 1997, for
                                                                     a preliminary ruling in the case of The Queen against
Reference has been made to the Court of Justice of the               ( 1 ) Secretary of State for the Environment ( 2 ) Minister of
European Communities by order of the Regeringsratt                   Agriculture, Fisheries & Food, ex parte: ( 1 ) H. A.
(Supreme Administrative Court) of 23 July 1997, which                Standley and Others ( 2 ) D. G. D. Metson and Others,
was received at the Court Registry on 8 August 1997, for             Intervener: National Farmers' Union, on the following
a preliminary ruling in the case brought by Kjell Karlsson           questions:
and Others against Jordbruksverket on the following
questions:
                                                                      1 . Does Council Directive 91 /676/EEC (*) of 12 December
Do Council Regulation ( EEC) No 3950/92 of 28 December                      1991 concerning the protection of waters against
1992 establishing an additional levy in the milk and milk                  pollution caused by nitrates from agricultural sources
products sector ('), Articles 5 and 40 ( 3 ) of the EC Treaty              ('the Nitrates Directive') require Member States, in
and the fundamental Community law principle of equal                       accordance, in particular, with Articles 2 (j ) and 3 ( 1 )
treatment permit national provisions of a State which                      and Annex I thereof, to identify surface freshwaters as
acceded to the Union on 1 January 1995 under which:                        'waters affected by pollution', and then to designate as
                                                                           vulnerable zones in accordance with Article 3 (2 )
                                                                           thereof all known areas of land which drain into such
1 . for producers who have not altered their production,                   waters and which contribute to pollution:
      average deliveries in 1991 , 1992 and 1993 are adopted
      as the basis for the award of a milk quota,
                                                                            (i)  where those waters contain a concentration of
2. producers who have commenced or increased                                     nitrates in excess of 50 mg/1 ( being the
      production of milk between 1 January 1991 and                              concentration of nitrates laid down by Annex I to
      31 December 1994 must accept a reduction in milk                           the Nitrates Directive, by reference to Directive
      quota, unlike milk producers whose production                              75/440/EEC (2) and the Member State is satisfied
      circumstances have not altered in that period and                          that the discharge of nitrogen compounds
      producers of ecologically produced milk, and that                          from agricultural sources makes a 'significant
                                                                                 contribution' to this overall concentration of
      reduction is determined differently for producers who
      have commenced production than for those who have                          nitrates and, if so, is a Member State entitled to
                                                                                 be so satisfied if it has reason to believe that the
      increased production,
                                                                                 contribution to this overall concentration of
                                                                                 nitrates, of nitrogen compounds discharged from
 3 . producers who delivered milk before the State's                             agricultural sources, is greater than de minimis or
      accession to the Community's milk quota system but                         some other amount or degree of contribution,