CELEX: C2000/302/14
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court of 4 July 2000 in Case C-219/98 (reference for a preliminary ruling from the House of Lords): Regina v Minister for Agriculture, Fisheries and Food (Directive 77/93/EEC — Issue of phytosanitary certificates by a non-member country other than the country of origin of the plants — Produce originating in the part of Cyprus to the north of the United Nations Buffer Zone)

C 302/8                 EN                        Official Journal of the European Communities                                          21.10.2000
19 May 1981, so as to provide for fair, free and non-                        (United Kingdom) for a preliminary ruling in the proceedings
discriminatory access by all Community nationals to the cargo-               pending before that court between Regina and Minister for
shares due to the Portuguese Republic, as provided for in                    Agriculture, Fisheries and Food, ex parte S.P. Anastasiou
Council Regulation (EEC) No 4055/86 of 22 December 1986                      (Pissouri) Ltd and Others, interveners: Cypfruvex (UK) Ltd and
applying the principle of freedom to provide services to                     Cypfruvex Fruit and Vegetable (Cypfruvex) Enterprises Ltd —
maritime transport between Member States and between                         on the interpretation of Council Directive 77/93/EEC of
Member States and third countries (OJ 1986 L 378, p. 1), the                 21 December 1976 on protective measures against the intro-
Portuguese Republic has failed to fulfil its obligations under               duction into the Community of organisms harmful to plants
Articles 3 and 4(1) thereof — the Court composed of: G.C. Ro-                or plant products and against their spread within the Com-
drı́guez Iglesias, President, J.C. Moitinho de Almeida,                      munity (OJ 1977 L 26, p. 20), as amended, inter alia,by Council
D.A.O. Edward (Rapporteur), L. Sevón and R. Schintgen (Presi-               Directive 91/683/EEC of 19 December 1991 (OJ 1991 L 376,
dents of Chambers), C. Gulmann, J.-P. Puissochet, G. Hirsch,                 p. 29) and Commission Directive 92/103/EEC of 1 December
P. Jann, H. Ragnemalm and M. Wathelet, Judges; M.J. Mischo,                  1992 (OJ 1992 L 363, p. 1) — the Court, composed of:
Advocate General; H. von Holstein, Deputy Registrar, has given               G.C. Rodrı́guez Iglesias, President, D.A.O. Edward, L. Sevón
a judgment on 4 July 2000, in which it:                                      and R. Schintgen, Presidents of Chambers, P.J.G. Kapteyn,
                                                                             C. Gulmann, J.-P. Puissochet, Rapporteur, G. Hirsch, P. Jann,
1.    Declares that, by failing either to denounce or to adjust the          M. Wathelet and V. Skouris, Judges; Advocate General: N. Fen-
      agreement on merchant shipping with the Federal Republic of            nelly; Registrar: L. Hewlett, Administrator, has given a judg-
      Yugoslavia so as to provide for fair, free and non-discriminatory      ment on 4 July 2000, in which it has ruled:
      access by all Community nationals to the cargo-shares due to
      the Portuguese Republic, as provided for in Council Regulation
      (EEC) No 4055/86 of 22 December 1986 applying the                      1.    Council Directive 77/93/EEC of 21 December 1976 on
      principle of freedom to provide services to maritime transport               protective measures against the introduction into the Com-
      between Member States and between Member States and third                    munity of organisms harmful to plants or plant products and
      countries, the Portuguese Republic failed to fulfil its obligations          against their spread within the Community, as amended,
      under Articles 3 and 4(1) of that regulation;                                permits Member States to admit into their territory plants
                                                                                   originating in a non-member country, which are subject to the
                                                                                   issue of a phytosanitary certificate dealing, inter alia,with
2.    Orders the Portuguese Republic to pay the costs.                             compliance with special requirements, where, in the absence of
                                                                                   a certificate issued by the authorities empowered to issue
                                                                                   certificates in the plants’ country of origin, the plants are
(1) OJ C 184 of 13.6.1998.                                                         accompanied by a certificate issued in a non-member country
                                                                                   from which they do not originate, provided that:
                                                                                   —      the plants have been imported into the territory of the
                                                                                          country where checks have taken place before being
                                                                                          exported from there to the Community;
                                                                                   —      the plants have remained in that country for such time
                  JUDGMENT OF THE COURT                                                   and under such conditions as to enable the proper checks
                                                                                          to be completed, and
                           of 4 July 2000
                                                                                   —      the plants are not subject to special requirements that can
in Case C-219/98 (reference for a preliminary ruling from                                 only be satisfied in their place of origin.
the House of Lords): Regina v Minister for Agriculture,
                       Fisheries and Food (1)
                                                                             2.    It is not for the Member State concerned to take account of the
                                                                                   reasons for which a phytosanitary certificate has not been issued
(Directive 77/93/EEC — Issue of phytosanitary certificates
                                                                                   in the country of origin of the plants in determining whether
by a non-member country other than the country of origin of
                                                                                   the certificate complies with the requirements of Directive
the plants — Produce originating in the part of Cyprus to
                                                                                   77/93, as amended.
         the north of the United Nations Buffer Zone)
                          (2000/C 302/14)
                                                                             (1) OJ C 258 of 15.8.1998.
                    (Language of the case: English)
In Case C-219/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the House of Lords