Opinion of Mr Advocate General Sir Gordon Slynn delivered on 15 January 1987. # Commission of the European Communities v Italian Republic. # Failure of a State to fulfil its obligations - Directives on intra-Community trade in fresh meat and meat products - Failure to implement directives. # Case 386/85.

Opinion of the Advocate-General

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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 .