C-470/98
ECLI:EU:C:2000:194
- Súd
- Súdny dvor Európskej únie
- IČS
- 61998CC0470
- Zdroj
- eur-lex.europa.eu ↗
COMMISSION V GREECE
OPINION OF ADVOCATE GENERAL FENNELLY delivered on 6 April 2000 *
1. The present infringement action was culars it contains satisfy the relevant Com- commenced by the Commission under munity or national rules. Article 4(2) to (6) Article 169 of the EC Treaty (now Arti- lays down additional rules regarding the cle 226 EC) in respect of the non-imple- application of paragraph (1). Article 4(7) mentation by the Hellenic Republic of two states that all expenditure incurred by the provisions of Council Directive 90/675/ application of that article shall be charge- EEC of 10 December 1990 laying down able to the consignor, the consignee or their the principles governing the organisation of agent, without reimbursement by the Mem- veterinary checks on products entering the ber State. Article 32 of the Directive pro- Community from third countries 1 (herein- vides for its transposition into national law after 'the Directive'). The provisions in by 31 December 1991 at the latest. question are Articles 3(ii) and 4 of the Directive.
2. Article 3(ii) of the Directive provides 3. It is not disputed that Greece implemen- that the customs authorities of the Member ted the major part of the Directive by States must not permit the entry of prod- Presidential Decree No 420/93. 2However, ucts into the Community unless proof is this Decree contains no provision regarding supplied that the prescribed veterinary the recovery of inspection fees in accor- checks have been paid for and that, where dance with Articles 3(ii) and 4(7) of the relevant, a deposit covering any additional Directive. The Commission raised this costs has been lodged. Article 4(1) of the lacuna in a letter of formal notice of Directive provides that every consignment 27 December 1996. In their reply of of products from a third country shall be 14 March 1997, the Greek authorities subjected to documentary and identity stated that they had prepared a draft checks in order to verify its origin and its amendment of this Decree which would subsequent destination and that the parti- permit the Minister for Agriculture to fix the appropriate fees by order. The Com-
* Original language: English. 1 — OJ 1990 L 373, p. 1. 2 — Official journal of the Hellenic Republic A, 179.
I - 4659
OPINION OF MR FENNELLY — CASE C-470/98
mission received no further information veterinary inspections and controls on live about the adoption of the draft amendment animals and certain animal products and and addressed a reasoned opinion to amending Directives 90/675/EEC and Greece on 13 March 1998, inviting it to 91/496/EEC. 4 This draft Decree will adopt the necessary measures to comply shortly be submitted for examination by with Articles 3(ii) and 4 of the Directive the Simvoulio tis Epikratias before adop- within two months. Greece did not reply to tion. the reasoned opinion.
4. The Commission seised the Court on 18 December 1998, requesting that it declare that the Hellenic Republic was in breach of its obligations under the Treaty and the Directive by virtue of its failure to take the necessary measures in the period prescribed to ensure that the expenses occasioned by veterinary and administra- tive checks were assumed by the consignor or consignee of the products, or their agent.
6. It is apparent from the foregoing that the Greek authorities have not yet complied with their obligation under Articles 3(ii) and 4 of the Directive to pass on the costs 5. It emerges from Greece's pleadings that of veterinary and administrative checks to the Simvoulio tis Epikratias (Council of the consignors or consignees of third-coun- State) rejected the draft amendment men- try products, or their agents. Furthermore, tioned above as defective from the point of difficulties in implementing Community view of legislative technique. 3 Greece obligations which arise from a Member states that the Ministry of Agriculture is State's own internal legal system are not an preparing another draft provision as part of excuse for non-compliance with those obli- the process of transposition of Council gations after the end of the prescribed Directive 96/43/EC of 26 June 1996 implementation period. 5 amending and consolidating Directive 85/73/EEC in order to ensure financing of 4 — OJ 1996 L 162, p. 1. 5 — See, for example, Case C-259/94 Commission v Greece [1995] ECR I-1947, paragraph 5; Case C-326/97 Commis- 3 — Report No 273, 17 June 1997. sion v Belgium [1998] ECR I-6107, paragraph 7.
I - 4660
COMMISSION V GREECE
Conclusion
7. As a result, I recommend that the Court:
(1) Declare that the Hellenic Republic is in breach of its obligations under the Treaty and under Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, by virtue of its failure to implement, by the end of the prescribed period, the measures necessary to ensure the recovery of the cost of veterinary and administrative checks from the consignors or consignees of third-country products, or their agents, as required by Articles 3(ii) and 4 of that Directive;
(2) Order the Hellenic Republic to pay the costs of these proceedings.
I - 4661