17.4.2010

Official Journal of the European Union

C 100/28

(Case C-80/10)

2010/C 100/43

Language of the case: Greek

Parties

Applicant: European Commission (represented by: F Jimeno Fernández and A. Markouli)

Defendant: Hellenic Republic

Form of order sought

—declare that Ministerial Order 552 of the Hellenic Republic of 25 August 2004 as amended up until 8 September 2008, and more specifically Article 4(2), (4), (5) and (7), Article 5(4), (5), (6) and (7) and Article 6(2), infringe Article 3(1) and (6), Article 15(1), Article 16(1) and (2) and Article 18 of Regulation (EC) No 882/2004;

—order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The Commission submits that the ministerial order in question relating to official controls in respect of cereals upon their importation from third countries is incompatible with particular provisions of Regulation (EC) No 882/2004.

More specifically, the Greek ministerial order lays down general rules regarding the frequency of physical checks of consignments of feed and food of non-animal origin from third countries, which do not enable the physical checks to be carried out by the competent authority with the degree of flexibility and of differentiation that is required for the system laid down by Article 16(1) and (2) of Regulation (EC) No 882/2004.

Furthermore, it lays down general rules concerning the official detention of such consignments, which provide for the official detention of consignments even in the case of routine checks. That indiscriminate detention of consignments without suspicion of non-compliance or doubt is contrary to Article 18 of Regulation (EC) No 882/2004. In addition, the ministerial order allows the release of all consignments after seven working days, even where there is suspicion of non-compliance or doubt, which also infringes Article 18 of the regulation.

The ministerial order lays down specific rules concerning checks of consignments from third countries for the presence of unauthorised genetically modified organisms. Those checks must be carried out at a frequency of 50 % for consignments of wheat and 100 % for consignments of corn. The Commission considers that these rates are exceptionally high and are not compatible with the system established by Regulation (EC) No 882/2004, in particular Article 16(1) and (2) thereof, and that they result from a failure to assess the risk correctly and to differentiate.

The ministerial order lays down that checks of consignments of corn from Bulgaria and Romania for the presence of unauthorised genetically modified organisms are to be carried out at a frequency of 100 %. The Commission considers that checks at such a frequency are contrary to Regulation (EC) No 882/2004, which provides that checks of consignments from other Member States must be based on the risks and be non-discriminatory and proportionate.

The Hellenic Republic has not put forward sufficient explanation and information to justify the adoption of the abovementioned provisions of the ministerial order relating to official controls in respect of cereals upon their importation from third countries and other Member States of the European Union.