Presence of unauthorised animal protein in fish flour is contrary to BSE rules and no level of tolerance is allowed to traders: judgment

April 2, 2004

Luxembourg, 1 April 2004

C-286/02, Bellio F.lli Srl v Prefettura di Treviso

Judgment of the Court of Justice (Third Chamber) on 1 April 2004 (link to English version when available). Full text

The case was referred to the Court by the Tribunale di Treviso (Italy)
Agriculture - Animal health - Protection measures with regard to transmissible spongiform encephalopathies - Use of animal proteins in animal feed

The Court ruled:

1) The first indent of Article 2(2) of Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Article 1(1) of Commission Decision 2001/9/EC of 29 December 2000 concerning control measures required for the implementation of Decision 2000/766 , together with the other Community rules on which those provisions are based, must be interpreted as meaning that the presence, even accidental, of unauthorised substances in fish flour used in the production of feedingstuffs intended for animals other than ruminants is not permitted and that they allow traders no level of tolerance. The destruction of consignments of contaminated flour is a preventive measure provided for by Article 3(1) of Decision 2000/766 .

2) Article 13 of the European Economic Area Agreement of 2 May 1992 must be interpreted as meaning that Decisions 2000/766 and 2001/9 are not incompatible therewith.

European Court of Justice, judgment 1 April 2004

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