Opinion of Advocate General

My Lords,

In 1980 the Council adopted three directives dealing with health problems and public health policy in intra-Community trade in relation to certain meat and meat products. They were respectively numbered 80/214, 80/1099 and 80/1100 (Official Journal 1980, L 47, p. 3; L 325, p. 14; L 325, p. 16).

It is perhaps of some importance to note that in the second two directives, 80/1099 and 80/1100, the Council stressed that the existence of a particular disease affecting pigs represented a danger for the Community's stock of pigs and that steps should be taken to ensure that the disease is not spread in the course of trade in pigmeat.

Accordingly, dates were fixed for the implementation of those directives: 80/214 should have been implemented by 31 December 1980, and the other two by 1 July 1981.

After asking the Italian authorities what had happened by letter dated 22 December 1983, and having not received a reply, the Commission on 7 June 1985 issued a reasoned opinion to the effect that Italy was in breach of its Treaty obligations. Subsequently, the Commission commenced these proceedings.

In its defence, as today before the Court, the Italian Government has pointed out that a draft to implement Directive 80/1099 is before the Parliament and apparently is about to go to the Senate. It seems that there is more delay in preparing the necessary legislation to give effect to Directives 80/214 and 80/1100.

It is plainly a breach of the Treaty for these directives not to have been implemented in the time-limit fixed by the directives.

In my opinion the Commission is entitled to the declaration it seeks and to its costs against the Italian Government.