Joined Cases C-42/10, C-45/10 and C-57/10

Vlaamse Dierenartsenvereniging VZW

and

Marc Janssens

v

Belgische Staat

(References for a preliminary ruling from the Raad van State (Belgique))

‛Veterinary and zootechnical sector — Regulation (EC) No 998/2003 — Animal health conditions applicable to non-commercial movement of pet animals — Decision 2003/803/EC — Model passport for the intra-Community movements of dogs, cats and ferrets’

Judgment of the Court (Third Chamber), 14 April 2011   I - 2980

Summary of the Judgment

1. Approximation of laws — Approximation measures — Animal health conditions applicable to non-commercial movement of pet animals — Model passport for the intra-Community movements of dogs, cats and ferrets — National legislation laying down a numbering system for pet passports comprising a unique number consisting of the two-letter ISO code for the Member State concerned followed by the identification number of the authorised distributor consisting of two digits and a serial number consisting of nine digits — Numbering system guaranteeing the uniqueness of that identification number — Whether permissible

   (European Parliament and Council Regulation No 998/2003, Arts 3(b), 4(2), 5 and 17, second para.; Commission Decision 2003/803)

2. Approximation of laws — Approximation measures — Animal health conditions applicable to non-commercial movement of pet animals — Model passport for the intra-Community movements of dogs, cats and ferrets — Legislation providing for the pet passport to be used not only as a travel document but also as proof of the identification and registration of dogs at national level — Whether permissible

   (European Parliament and Council Regulation No 998/2003, Arts 3(b), 4(2), 5 and 17, second para.; Commission Decision 2003/803)

3. Approximation of laws — Approximation measures — Animal health conditions applicable to non-commercial movement of pet animals — Model passport for the intra-Community movements of dogs, cats and ferrets — Legislation providing for only one field in the pet passport to be available for the entry of the identity and address of the owner of the animal — Subsequent alterations to that field being made by affixing self-adhesive stickers — Not permissible

   (European Parliament and Council Regulation No 998/2003, Arts 3(b), 4(2), 5 and 17, second para.; Commission Decision 2003/803)

4. Approximation of laws — Approximation measures — Animal health conditions applicable to non-commercial movement of pet animals — Model passport for the intra-Community movements of dogs, cats and ferrets — National provisions concerning the pet passport and relating to its use as proof of the identification and registration of dogs, and to the use of self-adhesive stickers to alter the identity details of the owner and the animal — National provisions of the determination of a unique number for cats and ferrets — Whether classifiable as technical standards for the purposes of Directive 98/34 — Not included

   (European Parliament and Council Regulation No 98/34, as amended by Directive 98/48, Arts 1 and 8)

1.  Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Directive 92/65 and the articles of and annexes to Decision 2003/803 establishing a model passport for the intra-Community movements of dogs, cats and ferrets must be interpreted as not precluding national legislation which lays down a numbering system for pet passports comprising a unique number consisting of the two-letter ISO code for the Member State concerned followed by the two-digit identification number of the authorised distributor consisting of two digits and a serial number consisting of nine digits, provided that that legislation guarantees the uniqueness of that identification number.

   (see para. 52, operative part 1)

2.  Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Directive 92/65 and the articles of and annexes to Decision 2003/803 establishing a model passport for the intra-Community movements of dogs, cats and ferrets must be interpreted as not precluding national legislation under which a pet passport is used not only as a travel document, in accordance with Union legislation, but also as proof of the identification and registration of dogs at national level.

   Neither the letter nor the spirit of that regulation and that decision permits the conclusion that the sole, exclusive purpose of the pet is to attain the objectives pursued by the Union legislation or that, therefore, use of that passport, at national level, for other purposes is prohibited. On the contrary, it is apparent from recitals 3 and 4 in the preamble to Decision 2003/803 and from the model passport annexed to that decision that it includes pages allowing the inscription of data unconnected to the Union legislation. Accordingly, use of the passport for purposes other than those provided for in the Union legislation cannot, as a matter of principle, be prohibited, provided that that use does not call into question either the effective application of Regulation No 998/2003 and Decision 2003/803 or the objectives pursued thereunder.

   (see paras 55-57, 65, operative part 2)

3.  Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Directive 92/65 and the articles of and annexes to Decision 2003/803 establishing a model passport for the intra-Community movements of dogs, cats and ferrets must be interpreted as precluding national legislation which provides for only one field in the pet passport to be available for entry of the identity and address of the first owner of the animal and to which any subsequent alterations are made by affixing self-adhesive stickers.

   Such a rule disregards the requirement for a uniform format laid down by the model passport in Annex I to that decision, under which, inter alia, the first page of the pet passport must provide fields and a format that make possible the entry of the identity and address of three successive owners of the animal.

   Furthermore, placing self-adhesive stickers one on top of the other prevents identification of the successive owners of the animal when such identification is decisive in the field of animal health and Regulation No 988/2003 and Decision 2003/803 specifically lay down requirements in that sphere. Similarly, it also has the effect of hindering the transfer of pets outside the Member State of origin by requiring, in such situations, the issue of a new passport in the Member State of destination.

   (see paras 62-65, operative part 2)

4.  National provisions concerning the pet passport and relating to its use as proof of the identification and registration of dogs, and to the use of self-adhesive stickers to alter the identity details of the owner and the animal, on the one hand, and to those relating to the determination of a unique number for cats and ferrets, on the other, do not constitute technical standards within the meaning of Article 1 of Directive 98/34 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48, which, in accordance with Article 8 thereof, must be communicated in advance to the Commission.

   Pet passports, since they bear a unique number and identify a specific animal, cannot, as such, be the object of commercial transactions. Those passports cannot therefore be classed as ‘goods’ within the meaning of the case-law of the Court and Directive 98/34 is not applicable to them.

   (see paras 69-71, operative part 3)