C-173/01
ECLI:EU:C:2002:279
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OPINION OF MR TIZZANO — CASE C-173/01
OPINION OF ADVOCATE GENERAL TIZZANO delivered on 2 May 2002 1
1. In the present proceedings instituted sion addressed to it a letter of formal notice under Article 226 EC the Commission has on 18 February 2000, to which the Hel- applied to the Court for a declaration that, lenic Republic, however, failed to reply. On by not adopting within the prescribed 18 September 2000 the Commission there- period the laws, regulations and adminis- fore sent a reasoned opinion according the trative provisions to comply with Directive Hellenic Republic a period of two months 1999/20/EC 2('the Directive'), the Hellenic within which to comply with its obligations Republic has failed to fulfil its obligations under the Directive. Even after the rea- under that Directive and the Treaty. soned opinion the Hellenic Republic did not inform the Commission that it had adopted the measures necessary to imple- ment the Directive and so the latter insti- tuted the present proceedings.
2. Under Article 5(1) of the Directive the Member States were required to adopt and publish the provisions necessary to comply 4. The Greek Government does not deny with the Directive by 30 September 1999 the allegations put forward by the Com- and to inform the Commission of those mission but merely submits that the provi- provisions forthwith. The Member States sions necessary to implement the Directive were then required to apply those provi- have been drawn up in a draft presidential sions with effect from 1 October 1999. decree which, once adopted and published, will be communicated to the Court and the Commission.
3. Since the Hellenic Republic was late in 5. Even supposing that to be so, it should supplying that information, the Commis- be noted, however, that changes in the situation prevailing in a Member State after the period laid down in the reasoned 1 — Original language: Italian. opinion cannot be taken into account in 2 — Council Directive 1999/20/EC of 22 March 1999 amending determining whether a Member State has Directives 70/524/EEC concerning additives in feeding- stuffs, 82/471/EEC concerning certain products used in failed to fulfil its obligations. 3What is animal nutrition, 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and 95/69/EC laying down the conditions and arrangements for approving and registering certain estab- lishments and intermediaries operating in the animal feed 3 — See, inter alia, Case C-148/00 Commission v Italy [2001] sector (OJ 1999 L 80, p. 20). ECR I-9823, paragraph 7.
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COMMISSION v GREECE
certain is that upon the expiry of that 6. I therefore consider that the application period the Hellenic Republic had not should succeed and that, since the Com- adopted the provisions necessary for the mission so applied, the Hellenic Republic implementation of the Directive. The Greek be ordered to pay the costs. Government has not denied this.
Conclusion
7. I therefore propose that the Court should:
(1) declare that by not adopting the laws, regulations and administrative provisions necessary to comply with Council Directive 1999/20/EC amending Directives 70/524/EEC concerning additives in feedingstuffs, 82/471/EEC concerning certain products used in animal nutrition, 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector, the Hellenic Republic has failed to fulfil its obligations under that directive and under the EC Treaty;
(2) order the Hellenic Republic to pay the costs.
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