1 By application lodged at the Court Registry on 18 March 1994 the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that by failing to adopt and bring into effect the laws, regulations and administrative measures necessary to implement Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community (OJ 1990 L 92, p. 42, hereinafter "the directive"), with the exception of the obligations laid down in Article 11(2) of the directive, and by failing to inform the Commission, the Kingdom of Spain has failed to fulfil its obligations under the EC Treaty.
2 Article 15 of the directive provides as follows:
"Member States shall bring into force the laws, regulations and administrative provisions necessary to comply:
° with the requirements of Article 11(2) on the date on which they must conform with the Community rules on the protection of feedingstuffs against pathogenic agents, but at the latest by 31 December 1992,
° before 1 October 1991, with the other provisions of this directive.
They shall forthwith inform the Commission thereof."
3 The Commission maintains that by failing to adopt the necessary provisions by 1 October 1991 at the latest the Kingdom of Spain has failed to comply with its obligations under Articles 5 and 189, third paragraph, of the EC Treaty.
4 The Kingdom of Spain does not deny that the directive was not transposed into national law within the prescribed period. However, it states that work on the draft decree enabling the directive to be implemented has reached a very advanced stage.
5 Since the directive has not been transposed within the prescribed period the failure to fulfil obligations alleged by the Commission must be regarded as established.
6 Consequently, it must be held that by failing to adopt within the prescribed period the laws, regulations and administrative measures necessary to comply with Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community, with the exception of the obligations laid down in Article 11(2) of the directive, the Kingdom of Spain has failed to fulfil its obligations under the EC Treaty.
Costs
7 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the Kingdom of Spain has been unsuccessful it must be ordered to pay the costs.
On those grounds,
THE COURT (Sixth Chamber)
hereby declares:
1. By failing to adopt within the prescribed period the laws, regulations and administrative measures necessary to comply with Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community, with the exception of the obligations laid down in Article 11(2) of the directive, the Kingdom of Spain has failed to fulfil its obligations under the EC Treaty.
2. The Kingdom of Spain is ordered to pay the costs.
