29.8.2009

Official Journal of the European Union

C 205/5

(Case C-430/07)

(Decision 2000/764/EC - Testing and epidemio-surveillance of bovine spongiform encephalopathy - Regulation (EC) No 2777/2000 - Market support measures - Veterinary measures - Community contribution to the financing of part of the costs of the tests - Directive 85/73/EEC - Whether possible for the Member States to finance the part of the costs not covered by the Community by charging national fees for the inspection of meat and fees for combating epizootic diseases)

2009/C 205/07

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Exportslachterij J. Gosschalk & Zoon BV

Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit

Re:

Reference for a preliminary ruling — Netherlands Raad van State — Interpretation of Article 1(3) of Commission Decision 2000/764/EC of 29 November 2000 on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalopathies (OJ 2000 L 305, p. 35), of Article 2(1) and (2) of Commission Regulation (EC) No 2777/2000 of 18 December 2000 adopting exceptional support measures for the beef market (OJ 2000 L 321, p. 47), of Article 1(2)(b) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (OJ 1999 L 160, p. 103), of Council Regulation (EC) No 1254/99 of 17 May 1999 on the common organisation of the market in beef and veal (OJ 1999 L 160, p. 21) and of Article 5(4), last sentence, of Council Directive 85/73/EEC of 29 January 1985 on the financing of health inspections and controls of fresh meat and poultrymeat (OJ 1985 L 32, p. 14), as amended and consolidated by Council Directive 96/43/EC (OJ 1996 L 162, p. 1) — BSE testing — Approved rapid tests — Exclusive financing by the Community or compulsory co-financing by the Member States with costs passed on to traders by way of fees — Judgment in Case C-239/01 Germany v Commission.

Operative part of the judgment

1.Article 2(1) of Commission Regulation (EC) No 2777/2000 of 18 December 2000 adopting exceptional support measures for the beef market, as amended by Commission Regulation No 111/2001 of 19 January 2001, must be interpreted as covering the obligatory tests for bovine spongiform encephalopathy carried out in the Netherlands in May and June 2001 on all meat from bovine animals aged more than 30 months slaughtered for human consumption;

2.Article 2(1) of Regulation No 2777/2000, as amended by Regulation No 111/2001, must be interpreted as meaning that the prohibition on marketing meat from bovine animals aged more than 30 months which did not produce a negative result in the bovine spongiform encephalopathy test which it imposed with effect from 1 January 2001, constitutes a veterinary measure, within the meaning of Article 1(2)(d) of Council Regulation No 1258/1999 on the financing of the common agricultural policy, which forms part of the programmes of eradication and monitoring of bovine spongiform encephalopathy;

3.Article 2(2) of Regulation No 2777/2000, as amended by Regulation No 111/2001, and Article 4 and Article 5(4), second subparagraph, of Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls covered by Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC, as amended and consolidated by Council Directive 96/43/EC of 26 June 1996, must be interpreted as not precluding Member States from charging national fees intended to finance the cost of testing for bovine spongiform encephalopathy. The total amount of the fees concerning the slaughter procedures for bovine animals intended for human consumption must be set in accordance with the principles adopted for Community fees, according to which that amount may not exceed the costs incurred, which cover salary and social-security costs and the administrative costs of carrying out those tests and any direct or indirect refund of such fees is prohibited.

(1) OJ C 297, 8.12.2007