Court of Justice of the European Communities (including Court of First Instance Decisions)

Legal background

Community legislation

cuts and pieces smaller than those referred to in Section A, or boned meat whether or not wrapped:

(a) are boned or cut or wrapped in a cutting plant meeting the conditions laid down in Chapters I and III of Annex I and approved and supervised in accordance with Article 10;

(b) are boned or cut or wrapped and obtained in accordance with Chapter IX of Annex I and come from:

- fresh meat which complies with the requirements set out in Section A, except those referred to in subparagraph (h), and which is transported in accordance with Chapter XV of Annex I, or

- fresh meat imported from third countries in accordance with Directive 90/675/EEC;

(c) have been stored under conditions which comply with Chapter XIV of Annex I in establishments approved in accordance with Article 10 and supervised in accordance with Chapter X of Annex I;

(d) have been checked by an official veterinarian in accordance with Chapter X of Annex I;

(e) meet the wrapping and packaging requirements laid down in Chapter XII of Annex I;

(f) meet the requirements of Section A(c), (e), (f) and (h).

47. Approved cutting plants and approved cold stores must be supervised by an official veterinarian.

48. Supervision by the official veterinarian must include the following tasks:

- supervision of the entry and exit of fresh meat,

- health inspection of fresh meat held in the establishment referred to in point 47,

- health inspection of fresh meat prior to cutting and when it leaves the establishments referred to in point 47,

- supervision of the cleanliness of the premises, facilities and instruments provided for in Chapter V, and of staff hygiene, including their clothing,

- any other supervision which the official veterinarian considers necessary for ensuring compliance with this Directive.

The Community fees shall be set at a level which covers the costs borne by the competent authority in respect of:

- salary costs and social-security costs involved in the inspection service,

- administrative costs incurred in carrying out controls and inspections, which may include the expenditure required for in-service training of inspectors,

for the controls and inspections referred to in Articles 1, 2 and 3.

The controls and inspections connected with the cutting operations referred to in, inter alia, Article 3(1)(B) of Directive 64/433/EEC and Article 3(1)(B) of Directive 71/118/EEC must be covered

(a) either: at a standard rate by the addition of a standard amount of ECU 3 per tonne on meat entering a cutting plant.

That amount is added to the amounts referred to in 1 above;

(b) or: by charging the actual costs of inspection per hour worked.

Where the cutting operations are carried out in the establishment where the meat is obtained, the amounts laid down in the first subparagraph shall be reduced by up to 55%.

A Member State which opts to levy fees by the hour worked must be able to demonstrate to the Commission that the actual costs cannot be covered by charging fees in accordance with (a).

The part of the fees covering the controls and inspections connected with the cutting operations referred to in Article 3(1)(B) of Directive 64/433/EEC and Article 3(1)(B)(b) of Directive 71/118/EEC shall be fixed at a standard rate of 3 ECU/tonne of unboned meat intended for cutting.

The controls and inspections connected with the cutting operations referred to in Article 3(1) (B) of Directive 64/433/EEC and Article 3(1)(B) of Directive 71/118/EEC shall be covered

(a) either at a standard rate by the addition of a standard amount of ECU 3 per tonne on meat entering a cutting plant.

This amount is added to the amounts referred to in point 1 above;

(b) or by collecting the actual costs of inspection per hour worked, any hour started being counted as an hour worked.

Where the cutting operations are carried out in the establishment where the meat is obtained, the amounts laid down in the first subparagraph may be reduced by up to 55%.

National legislation

For supervision, controls and inspections connected with the cutting of meat, a fee is charged whose amount is determined by the weight of the unboned meat entering the cutting plant. The amount of the fee is determined by reference to Annex A, Chapter I, point 2, indent (a), to Directive 85/73/EEC in the codified version currently applicable (see Annex 5). If cutting takes place in the establishment in which the meat is obtained, that fee is reduced, in relation to the meat obtained there, by 55%.

The main proceedings and the question referred for a preliminary ruling

Is Annex A, Chapter I, point 2, indent (a), to Directive 85/73/EEC, in the version of Directive 96/43/EC, to be interpreted as meaning that the standard fee amount laid down by that paragraph covering controls and inspections connected with cutting operations is payable only in respect of meat that is actually cut in the cutting plant, or is it to be interpreted as meaning that the standard fee amount is payable in respect of all meat entering the cutting plant, irrespective of whether it is cut?

The question referred for a preliminary ruling

Costs