||All England Reporter
|| All ER (D) 62 (Jul)
||Court of Justice of the European Communities (Fifth Chamber)
Judges Edward, Pergola, Jann, Von Bahr and Rosas (Rapporteur)
||3 July 2003
Animals - Animal health - Importation of animal - Health certification - Animals exported with incorrect certification - Effect of certification - Entitlement of state to demand certificate stating no case of transmissible spongiform encephalopathy registered in last six years - Council Directive (EEC) 91/68, Annex E - Council Directive (EEC) 90/425, art 10.
A member state could not prevent the importation of sheep intended for slaughter when they arrive on its territory solely on the ground that they were accompanied by a model II health certificate established by Annex E to Council Directive (EEC)91-68, which provided for trade between Member States in ovine and caprine animals intended for fattening. However, Community law, and more particularly Directive (EEC)91-68 and art10 of Council Directive EEC90-425 did not preclude a Member State from imposing a requirement under national law that when bovine or ovine animals were imported for slaughter, breeding or fattening, the health certificate accompanying those animals had to state that they had been born and raised on a farm in which no case of transmissible spongiform encephalopathy had been registered in the previous six years.
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