1 By application lodged at the Court Registry on 11 November 1997, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with - Council Directive 93/118/EC of 22 December 1993 amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat (OJ 1993 L 340, p. 15), and - Commission Directive 94/59/EC of 2 December 1994 amending for the third time the Annexes to Council Directive 77/96/EEC on the examination for Trichinae (Trichinelle spiralis) upon importation from third countries of fresh meat derived from domestic swine (OJ 1994 L 315, p. 18), the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and those directives.
2 Under the first subparagraph of Article 3(1) of Directive 93/118, Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with that directive not later than 31 December 1993 as regards the requirements of Article 5 and not later than 31 December 1994 as regards the other provisions. Under the third subparagraph of Article 3(1) the Member States were forthwith to inform the Commission of the measures taken.
3 Under the first paragraph of Article 2 of Directive 94/59 the Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with that directive not later than 1 January 1995 and forthwith to inform the Commission thereof.
4 Since it had not received any communication relating to the transposition of Directives 93/118 and 94/59 into Greek law, and had no information to show that the Hellenic Republic had fulfilled that obligation, the Commission gave formal notice to that State by letter of 16 May 1995, calling on it to submit its observations within a period of two months.
5 In the absence of any reply from the Greek authorities, the Commission, on 24 September 1996, sent a reasoned opinion to the Hellenic Republic, calling on it to take the measures necessary to comply with its obligations under Directives 93/118 and 94/59 within two months of its notification.
6 As no action was taken on that reasoned opinion, the Commission brought the present proceedings.
7 The Hellenic Republic annexed to its defence a copy of Presidential Decree No 345/97 `amending and supplementing the provisions of Presidential Decree No 599/85 concerning the public health requirements to be met by fresh meat and meat products imported into Greece from third countries in accordance with Commission Directive 94/59/EC', which had been published in the Official Journal of the Hellenic Republic of 25 November 1997. As regards Directive 93/118, the Hellenic Republic explained that a draft presidential decree transposing it had already been prepared by the Ministry of Agriculture, the Ministry responsible, but that, following the publication in the Official Journal of the European Communities of Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73 in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC (OJ 1996 L 162, p. 1), it seemed appropriate to add to the draft so as to transpose the two directives simultaneously.
8 By document lodged at the Court Registry on 13 March 1998 the Commission withdrew that part of its claims relating to the failure to transpose Directive 94/59 and, pursuant to Article 69(5) of the Rules of Procedure of the Court, applied for an order that the Hellenic Republic pay the costs. Accordingly there is no need to adjudicate on the failure to transpose that directive within the period prescribed therein.
9 As regards Directive 93/118, the action brought by the Commission must be considered well founded, since the directive was not transposed within the period prescribed therein.
10 Accordingly, it must be held that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 93/118, the Hellenic Republic has failed to fulfil its obligations under that directive.