Keywords
Summary

Keywords

Agriculture - Approximation of laws on health policy - Financing of health inspections and controls of fresh meat - Directive 85/73 - Fee levels - Whether individuals may oppose the collection of fees higher than the levels of the standard amounts - Not possible - Condition - Collection of special fees exceeding the level of the standard fees - Whether permissible - Condition - Option available to the local authorities delegated of collecting a higher amount - Scope

(Council Directive 85/73, Art. 2(3) and the Annex thereto, as amended by Directive 93/118)

Summary

$$Where a Member State has not transposed Directive 85/73 on the financing of health inspections and controls of fresh meat and poultrymeat, as amended by Directive 93/118, into national law within the period prescribed, individuals cannot oppose the collection of fees higher than the levels of the standard amounts fixed in point 1 of Chapter I of the Annex to the Directive, where those fees do not exceed the actual costs.

A Member State may exercise the option available under point 4(b) of Chapter I of the Annex to that Directive of collecting a special fee exceeding the level of the standard fees fixed in point 1 of Chapter I, provided only that the special fee does not exceed the actual costs incurred, no further condition being imposed.

In cases where a Member State has delegated to local authorities the collection of fees relating to health inspections and controls of fresh meat, Article 2(3) of the Directive authorises it to collect an amount higher than Community fee levels so long as it does not exceed the actual costs of inspection incurred by the competent local authority.