Regina on the application of S. In so far as the affixing of an appropriate origin mark enables exporters to be exempted from the requirements for an official statement in the country of origin, laid down in items The simple fact that item Furthermore, the fact that the affixing of the mark exempts exporters from the requirements for an official statement laid down in items This interpretation of item The phytosanitary certificate required 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.
Budapest, Szent Imre tér
Rodríguez Iglesias, President, J. Puissochet RapporteurM. Wathelet, R. Schintgen and C. Timmermans Presidents of ChambersC.
Totalcar – Hymer Free – Galéria
Gulmann, D. Találkozó helyén, hogyan kell dönteni, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. Cunha Rodrigues and A. Rosas, Judges, Advocate General: C. Anastasiou Pissouri Ltd and Others, by D.
Vaughan QC and M. Hoskins, barrister, instructed by P. Beloff QC and R. Millett, barrister, instructed by M. Kramer and S. Manji, acting as Agent, P. Roth QC and J. Samoni-Rantou, N. Dafniou and V. Niejahr and K. Fitch, acting as Agents, having regard to the Report for the Hearing, after hearing the oral observations of S.
Anastasiou Pissouri Ltd, established in the part of Cyprus to the south of the United Nations Buffer Zone hereinafter Anastasiou and Others and the Minister for Agriculture, Fisheries and Food hereinafter the Ministerconcerning the importation into the United Kingdom by Cypfruvex UK Ltd and Cypfruvex Fruit and Vegetable Cypfruvex Enterprises Ltd hereinafter together referred to as Cypfruvex of citrus fruit originating in the part of Cyprus to the north of the Buffer Free ülések 77 hereinafter the northern part of Cyprusshipped to the Community after a port call in Turkey and accompanied by phytosanitary certificates issued by the Turkish authorities.
The certificates prescribed in Articles 7 or As such, they must undergo a phytosanitary inspection. Their introduction into, and movement within, the entire territory of the Member States are therefore conditional upon compliance with the relevant special requirements within the meaning of Article 9 of that directive. If that first requirement cannot be met, items An official statement that fruits of Citrus L.
Under the agreement, the ship was to put in to a Turkish port for less than 24 hours and then, without the cargo being unloaded or imported, continue its free ülések 77 free ülések 77 the United Kingdom, the cargo covered by a phytosanitary certificate issued by the Turkish authorities following its inspection on board the ship.
The parties then made submissions concerning the effects on the interpretation of item It therefore decided to stay free ülések 77 once more and to refer the following questions to the Court for a preliminary ruling: 1. Whether, where citrus fruit originating in one third country has been shipped to another third country, the special requirement that the packaging shall bear an appropriate origin mark pursuant to item Whether the official statement required by items Observations submitted to the Court 26 Anastasiou and Others, the Greek Government and the Commission submit that the special requirement that the plants' packaging is to bear an appropriate origin mark, just as the special requirement prescribing an official statement as to their origin, is intended to provide a greater degree of protection than free ülések 77 resulting from the mere issue of a phytosanitary certificate by the authorities of the non-member country from which the plants are dispatched by making it possible to trace contamination back to its source and facilitating cooperation between the importing Member State and the non-member country free ülések 77 origin.
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Those requirements can therefore be satisfied only if the formalities which they prescribe are carried out by the official authorities of the products' country of origin, and not by authorities of another non-member country, which would rely solely on invoices or transport documents. That widening provides additional protection by ensuring that the phytosanitary certificate accompanying the plants provides a permanent record of their origin, whereas the origin mark affixed to the packaging may be lost if the packaging is damaged.
In those circumstances, phytosanitary certificates issued by the authorities of that entity cannot be accepted by the Member States.
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- Нет, - возразил Элвин, и по его спине пробежал холодок, когда он подумал о единственном доступном объяснении.
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Under that provision, where plants have left the country of origin more than 14 days before they leave the consignor country, the phytosanitary certificate must be issued by the authorities of the consignor country.
There is no doubt that such rólad találkozó helyén inspector is capable of verifying that a consignment bears an origin mark.
The check is carried out under the same conditions as for the other special requirement referred to in item While the Member States admittedly may not rely directly on the involvement of the authorities of the Turkish Republic of Northern Cyprus in the phytosanitary procedure, they may, on the other hand, cooperate with the Turkish authorities which, for their part, can certify in point of fact that the special requirements have been satisfied in the northern part of Cyprus.
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The alteration made by that new directive confirms that the two special requirements, origin mark and official statement, serve different purposes. Those items, unlike items They merely require that the country to which the official statement relates be one which is recognised as being disease-free. Such a statement may therefore be made in a non-member country other than the country of origin, and that can be done all the more easily because, sincethe Commission has been formally declaring certain areas to free ülések 77 recognised as free from diseases or harmful organisms.
The request that the oral procedure be reopened 36 By letter of 20 JuneCypfruvex asked for the oral procedure to be reopened, stating that, if the Court were to follow the Opinion of the Advocate General, the case would be dealt with on the basis of an argument not debated between the parties. Cypfruvex submits in particular that in considering, at points 46 to 52 of her Opinion, that the most appropriate place for verification of the találkozóhelyek társkereső 3 requirements applicable to the citrus fruit at issue in the main proceedings was its place of production, the Advocate General failed to deal with the question whether that verification may be carried out at places other than that of origin, the sole question debated by the parties.
The question whether the special requirements applicable to the citrus fruit at issue in the main proceedings may be satisfied at places other than their place of origin was fully debated between the parties during both free ülések 77 written procedure and the oral procedure. The request must accordingly be rejected. The 10th recital in the preamble adds that the presence of some of these harmful organisms, when plants or plant products are introduced from countries in which these organisms occur, cannot be effectively checked [and that] it is therefore necessary The 16th to 20th recitals state that plant-health checks carried out in the Member State of destination must be gradually limited so far as concerns plants from other Member States, whereas the introduction of plants from non-member countries will have to remain subject to plant-health checks.
Даже при одной мысли об этом мне становится холоднее, чем от ветра. Не ходи дальше, Элвин.
This rule is intended to ensure that the special requirements prescribed in Annex IV, Part A, will be checked and fulfilled, at the time of issue of the phytosanitary certificate, in the country of origin of the plants concerned. It must therefore be interpreted restrictively.
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Consequently, the only special requirements applicable to the citrus fruit as issue in the main proceedings are those, laid down in item This special requirement constitutes the only guarantee, for the Member State importing the plants, that they are a priori free from those harmful organisms and that they may accordingly be exempted from the poklok angyalok tudják for an official statement in the country of origin, laid down in items It therefore does free ülések 77 have the same objective or import as the special requirement relating to the absence of peduncles and leaves and consequently cannot be interpreted like the latter on the sole ground that they are both laid down in the same item Second, the inspector responsible for issuing the phytosanitary certificate in kislemez dachau környezet other country is not in the same situation as his counterpart in the country of origin for the purpose of detecting any falsification of the origin mark designed to derive improper advantage from a satisfactory phytosanitary finding as to the country of origin, inasmuch as he will be able to act on the basis only of invoices or transport or dispatch documents.
Finally, the cooperation which the competent authorities of the importing Member State build up with those of a non-member country other than the country from which the imported plants originate cannot establish itself under conditions as satisfactory as in the case of direct cooperation with the competent authorities of the country of origin.
The question of the quality of the cooperation which may be established by the authorities of the importing Member States and those, in the present case, of Turkey therefore does not have to be raised.
The amendments which it introduced were designed to render mandatory in every case the requirements for an official statement set out in items Those amendments are also intended to lay down in more express terms that certification of the plants' origin by official authorities is required in all circumstances.
The wording of each of those items, which have in common that they require an official statement, before indicating, in subparagraph ab c or dthe various situations to which the statement relates, confirms that that requirement must, in all events, be fulfilled in the plants' country of origin.
That new provision is designed to limit the possibility of relying on items It therefore has neither the aim nor the effect of allowing a non-member country other than the country of origin of the products to declare that they in fact originate in such-and-such a country and does not affect the requirement that the official statement free ülések 77 made in the country of origin.
Costs 76 The costs incurred by the United Kingdom and Greek Governments and by the Commission, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court.