«(Approximation of laws – Protection of plant health – Directive 77/93/EEC – Import into the Community of plants originating in non-member countries and subject to special requirements – Special requirements which cannot be fulfilled at places other than that of origin – Affixing of an appropriate origin mark to plant packaging – Official statement that plants originate in an area known to be free from the relevant harmful organism)»
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(Council Directive 77/93 (as amended by Directives 91/683, 92/103 and 98/2), Annex IV, Part A, Section 1, items 16.2 to 16.4)
JUDGMENT OF THE COURT (Full Court)
30 September 2003 (1)
((Approximation of laws – Protection of plant health – Directive 77/93/EEC – Import into the Community of plants originating in non-member countries and subject to special requirements – Special requirements which cannot be fulfilled at places other than that of origin – Affixing of an appropriate origin mark to plant packaging – Official statement that plants originate in an area known to be free from the relevant harmful organism))
In Case C-140/02, REFERENCE to the Court under Article 234 EC by the House of Lords (United Kingdom) for a preliminary ruling in the proceedings pending before that court between Regina on the application of S.P. Anastasiou (Pissouri) Ltd and Othersand
Minister for Agriculture, Fisheries and Food, interveners:Cypfruvex (UK) Ltd and Cypfruvex Fruit and Vegetable (Cypfruvex) Enterprises Ltd, on the interpretation of Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ 1977 L 26, p. 20), as amended, inter alia, by Council Directive 91/683/EEC of 19 December 1991 (OJ 1991 L 376, p. 29) and Commission Directive 92/103/EEC of 1 December 1992 (OJ 1992 L 363, p. 1), and as subsequently amended, inter alia, by Commission Directive 98/2/EC of 8 January 1998 (OJ 1998 L 15, p. 34),THE COURT (Full Court),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of S.P. Anastasiou (Pissouri) Ltd and Others, Cypfruvex (UK) Ltd and Cypfruvex Fruit and Vegetable (Cypfruvex) Enterprises Ltd, the United Kingdom Government, the Greek Government and the Commission, at the hearing on 8 April 2003,
after hearing the Opinion of the Advocate General at the sitting on 3 June 2003,
gives the following
On those grounds,
THE COURT (Full Court),
in answer to the questions referred to it by the House of Lords by order of 17 December 2001, hereby rules: On a proper interpretation of Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, as amended, inter alia, by Council Directive 91/683/EEC of 19 December 1991 and Commission Directive 92/103/EEC of 1 December 1992, the special requirement that an appropriate origin mark be affixed to the plants' packaging, laid down in item 16.1 of Annex IV, Part A, Section I, to that directive, can be fulfilled only in the country of origin of the plants concerned. The amendments which Commission Directive 98/2/EC of 8 January 1998 made to items 16.2 and 16.3 do not affect that interpretation. The phytosanitary certificaterequired in order to bring those plants into the Community must, therefore, be issued in their country of origin by, or under the supervision of, the competent authorities of that country.
Rodríguez Iglesias |
Puissochet |
Wathelet |
Schintgen |
Timmermans |
Gulmann |
Edward |
La Pergola |
Jann |
Skouris |
Macken |
Colneric |
von Bahr |
Cunha Rodrigues |
Rosas |
R. Grass |
G.C. Rodríguez Iglesias |
Registrar |
President |