Keywords
Summary

Keywords

1. Acts of the institutions - Directives - Implementation by Member States - Need for full transposition - Activity referred to in a directive not existing in a Member State - Irrelevant

(EC Treaty, Art. 189, third para. (now Art. 249 EC, third para.))

2. Agriculture - Approximation of laws on health policy - Financing of health inspections and controls of fresh meat - Directives 85/73 and 93/118 - Fee levels - Reduction of standard Community amounts to the level of the actual costs of inspection - Obligation on the Member States to justify that reduction automatically - None

(Council Directive 85/73, Art. 2(5), as amended by Directive 93/118; Council Directive 93/118, annex)

Summary

1. The fact that an activity referred to in a directive does not exist in a particular Member State cannot release that State from its obligation to adopt laws or regulations in order to ensure that all the provisions of the directive are properly transposed.

( see para. 22 )

2. Chapter I of the annex to Directive 93/118 amending Directive 85/73 on the financing of health inspections and controls of fresh meat and poultrymeat does not include any provision such as to give rise to an obligation on the Member States to communicate to the Commission the information to justify a reduction in the level of the Community fees.

( see para. 36 )