Codrico NV v Hoofdproduktschap voor Akkerbouwprodukten (138/73)

I —Facts and procedure

The facts and procedure may be summarized as follows:

II —Written observations submitted to the Court by the Commission of the European Communities

The Commission considers that the fact that up to the present time no method of analysis has been laid down pursuant to Article 11 of Regulation No 1052/68, in particular for the purpose of assessing the fat content of the product at issue, is explained by the extent of the preparatory technical studies and discussions which would be necessary, since they would have to take account of the difficulties which one or other of the Member States might experience in adopting new methods of analysis. The Commission recalls that since that time a number of Community methods of analysis for the official control of animal feedingstuffs have been determined pursuant to the Council Directive of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs, based upon Articles 43 and 100 of the Treaty establishing the EEC (OJ L 170, 3. 8. 1970, p. 2).The use of these methods of analysis is obligatory for all official controls of animal feedingstuffs and must therefore be used to the exclusion of all others in applying Regulations Nos 1052/68 and 2410/70 to the import and export of animal feedingstuffs, at least until such time as another method of analysis is determined pursuant to the provisions of Article 11 of the first of the above-mentioned Regulations (which, in the view of the Commission, is unlikely ever to happen). As regards the assessment of the fat content, these methods are laid down at No 4 of the Annex to the Second Commission Directive of 18 November 1971 establishing Community methods of analysis for the official control of feedingstuffs (OJ L 279, 20. 12. 1971, p. 7). Article 2 of this Directive requires that the Member States shall, not later than 1 January 1973, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of the said Directive.The Commission notes that prior to 1 January 1973 there was no Community legislation prescribing any method of analysis for the assessment of fat content in application of Regulations Nos 1052/68 and 2410/70 to animal feedingstuffs and that, in these circumstances, it was incumbent upon the Member States, which are obliged generally to take all necessary steps to secure the application of Community legislation, to determine the methods of analysis to be adopted for the application of the first of these Regulations. In the event the Member States were at liberty either to require the use of a single method of analysis or to indicate or permit different methods, provided, of course, that they all enabled identical and valid results to be obtained.The question whether, in this case, the method of analysis employed by the Dutch authorities coincided with the method laid down by law and whether other valid methods also existed depends on Dutch law and cannot be answered in the context of these proceedings before the Court.However, the question whether the method or methods prescribed or permitted by the Netherlands were valid methods is a matter of Community law. The method adopted by the Dutch authorities was incontestably valid, in view of the fact that it was sanctioned by the Commission in its Directive. But since the College van Beroep did not question the validity of the two other methods employed in this case it is not necessary, in the context of these proceedings before the Court, to consider the possible advantages and disadvantages of these different methods.The Commission emphasises that the methods of analysis in question were those available before 1 January 1973, when the Second Directive of the Commission came into force within the Member States, and that during the period covered by this case — December 1970 to February 1971 — this Directive had not even been issued. Since its entry into force the methods of analysis it lays down must also be employed for the purposes of the application to animal feedingstuffs of Regulation No 1052/68 and the implementing provisions determined thereunder, provided always that a different method is not established pursuant to Article 11 of the said Regulation.Still more generally, the Commission states that the Community methods of sampling and analysis determined or to be determined pursuant to the Council Directive of 20 July 1970 apply to all official controls of animal feedingstuffs provided for in the context of the common organization of agricultural markets or in any other context, except where specific Community provisions require the use of different methods.The Advocate-General delivered his opinion on 15 November 1973, the parties having decided not to submit oral observations.

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