Keywords
Summary

Keywords

Agriculture - Approximation of laws on food hygiene - Veterinary inspections of products from non-member countries - Directive 90/675 - Protective measures - Total prohibition on the importation of consignments of fishery products from the whole of Japan - Infringement of the principles of proportionality, equality or the protection of legitimate expectations - Misuse of powers - Statement of reasons not insufficient

(Council Directive 90/675, Art. 19(1); Commission Decision 95/119)

Summary

In imposing a total prohibition on the importation of consignments of fishery products from the whole of Japanese territory, following the finding by a mission of experts sent by the Commission that there were serious defects as regards both hygiene and the control of such products' production and storage conditions, Decision 95/119 concerning certain protective measures with regard to fishery products originating in Japan neither infringed the principles of proportionality, equality or the protection of legitimate expectations, nor was it vitiated by a misuse of powers or an insufficient statement of reasons. In that regard, and more particularly as regards the principle of proportionality, the decision complies with the criteria stated in Article 19(1) of Directive 90/675 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries, on the basis of which the decision was adopted, and which provides, in the case of the appearance in a third country of a disease or a cause liable to present a serious threat to animals or to human health, particularly in the light of findings by the Commission's veterinary experts, for the possibility of adopting protective measures `depending on the gravity of the situation'.

As for the fact that the decision did not limit the suspension of imports to a part of Japanese territory, the Commission cannot be blamed for restricting its controls to only a limited number of export establishments, since, in the first place, those controls were reliable, and, secondly, their results could be extrapolated in an appropriate manner to describe the situation in the third country concerned as a whole. As for the fact that the decision did not opt for a less stringent protective measure, consisting in carrying out supervision on the importation of Japanese products, health controls carried out at the production stage are not only considerably more effective and practical than those carried out at the import stage, but also lie at the root of the veterinary and health directives. Concerning the restriction of the business activity of traders deriving a significant part of their revenue from the importation of fishery products from Japan, the decision cannot be regarded as a disproportionate interference, since, first, it fulfils the requirements of proportionality laid down by Article 19(1) of Directive 90/675, which are intended precisely to ensure that due attention is paid to the interests of traders, and, second, the protection of public health, which the contested decision is intended to guarantee, must take precedence over economic considerations.