Minister of Agriculture, Fisheries and Food, Ex parte Anastasiou (Pissouri) Ltd and Others, R v. [1998] UKHL 21
[1]Under article 12(1)(b) of Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products as amended, ("the Directive") is a Member State entitled to accept (and if so in what circumstances and subject to what conditions) the introduction into its territories of plants as defined in the Directive ("plants") originating in non-Member countries and listed in Annex V, Part B of the Directive where those plants are accompanied only by a phytosanitary certificate issued by a Non-Member country from which the plants have been transported to the Community and not by a phytosanitary certificate issued by the non-Member country of origin?[2]Does the answer to Question 1 differ, and if so how, if the relevant plants are subject to special requirements laid down in Annex IV, Part A, Section 1 of the Directive which can be fulfilled in non-Member countries other than that of origin within the meaning of Article 9(1) of the Directive?[3]Is the Judgment of the Court of Justice in Case C-432/92 Anastasiou [1994] ECR I-3087 to be interpreted and applied so as to preclude the national authorities of a Member State from permitting the importation of citrus fruits originating in the part of Cyprus to the north of the United Nations Buffer Zone when they are accompanied by a phytosanitary certificate which has been issued by the authorities of another non-Member country from which those citrus fruits have been transported to the Community.[4]Are the answers to any of the above questions different where:a. the relevant plants were never imported into the non-Member country in which the phytosanitary certificate which accompanied them to the Community was issued in the sense that they were never unloaded from the ship in question and/or never passed the custom barrier; and/orb. the special requirements that applied to the relevant plants had already been satisfied in the country of origin?[5]Are the answers to Questions 1 and 2 different where the relevant plants were submitted for the certification in a non-Member Country other than that of origin, not for any plant health reason, but so as not to have to obtain a phytosanitary certificate from the authorities empowered to do so in the country of origin? LORD STEYN My Lords, I have had the advantage of reading in draft the speech prepared by my noble and learned friend, Lord Slynn of Hadley. For the reasons he gives I would also make the order he proposes. LORD HOPE OF CRAIGHEAD My Lords, I have had the advantage of reading in draft the speech prepared by my noble and learned friend, Lord Slynn of Hadley. I agree with it, and for the reasons which he has given I would make the same order. LORD HUTTON My Lords, I have had the advantage of reading in draft the speech prepared by my noble and learned friend, Lord Slynn of Hadley. I agree with it, and for the reasons which he gives I would make the order which he proposes.