Judgment_paragraph 4 · Rakvere Piim AS and Maag Piimatööstus AS v Veterinaar- ja Toiduamet (C-523/09)

4Article 27(3), (4) and (6) of Regulation No 882/2004 provides:(3)Without prejudice to paragraphs 4 and 6, fees collected as regards the specific activities mentioned in Annex IV, section A and Annex V, section A shall not be lower than the minimum rates specified in Annex IV, section B and Annex V, section B. However, for a transitional period until 1 January 2008, as regards the activities referred to in Annex IV, section A, Member States may continue to use the rates currently applied pursuant to Directive 85/73/EEC.The rates in Annex IV, section B and Annex V, section B shall be updated at least every two years, in accordance with the procedure referred to in Article 62(3), in particular to take account of inflation.(4)Fees collected for the purposes of official controls in accordance with paragraph 1 or 2:(a) shall not be higher than the costs borne by the responsible competent authorities in relation to the items listed in Annex VI;and(b) may be fixed at a flat-rate on the basis of the costs borne by the competent authorities over a given period of time or, where applicable, at the amounts fixed in Annex IV, section B or in Annex V, section B.…(6)When, in view of own-check and tracing systems implemented by the feed or food business as well as of the level of compliance found during official controls, for a certain type of feed or food or activities, official controls are carried out with a reduced frequency or to take account of the criteria referred to in paragraph 5(b) to (d), Member States may set the official control fee below the minimum rates referred to in paragraph 4(b), provided that the Member State concerned provides the Commission with a report specifying:(a) the type of feed or food or activity concerned;(b) the controls performed in the feed and food business concerned;and(c) the method for calculating the reduction of the fee.’

Rakvere Piim AS and Maag Piimatööstus AS v Veterinaar- ja Toiduamet (C-523/09)

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