Дело C-106/97: DADI и Douane-Agenten, Заключение от 15 септември 1998 г.

1.A. Must the provisions of Chapter III of Directive 92/46/EEC, seen in particular in the light of Article 227, together with Articles 131 to 136, of the EC Treaty be interpreted as setting the result to be achieved - within the meaning of the third paragraph of Article 189 of the EC Treaty - by national implementing provisions which are applicable to imports into the EC of butter originating in the overseas countries and territories listed in Annex IV to the EC Treaty, including the Netherlands Antilles?

If Question 1.A. is answered in the affirmative:

1.B. Are the provisions of Chapter III of the aforementioned directive, having regard in particular to Article 132(1) of the EC Treaty and Articles 102 and 103 of Council Decision 91/482/EC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community valid in so far they relate to the imports referred to in Question 1.A.?

If Questions 1.A. and 1.B. are answered in the affirmative:

2. Must Article 23 of the aforementioned directive be interpreted as meaning that the national provisions adopted to implement that article may only be applied to the imports referred to in Question 1.A.

- after the rules relating to intra-Community trade in the goods concerned, to which, under Article 22 of that directive, the third-country rules must be at least equivalent, have fully entered into force and

- after a legally valid decision has been taken with regard to the inclusion of the country concerned on the first list mentioned in Article 23(3) and with regard to the list of approved establishments in that country?

3. Is Commission Decision 94/70/EC of 31 January 1994 valid?