Keywords
Summary

Keywords

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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Requirement of prior authorization for imports of live animals - Not permissible - Justification - Protection of public health - None

( EEC Treaty, Arts 30 and 36; Council Directive 64/432 )

Summary

A Member State which subjects imports of live animals coming from other Member States to the requirement of an import authorization, whether issued automatically or otherwise, is thereby in breach of Article 30 of the Treaty; no derogation is possible under Article 36 .

With regard to the importation of live animals other than bovine animals and swine, such a measure is disproportionate in relation to the requirements of protecting the health and life of humans and animals, since a Member State may adopt less restrictive measures such as declarations signed by the importers, accompanied if necessary by the appropriate certificates issued by the exporting Member State .

With regard to the importation of bovine animals and swine, Directive 64/432 brought about complete harmonization of the animal-health measures which Member States may adopt in the field of intra-Community trade, with the result that the only protective measures which may now be adopted are those exhaustively laid down in the directive, and recourse to Article 36 is no longer justified .