C-227/85

Mr President, it ascribes them to obstacles of constitu- Members of the Court, tional origin resulting from the entry into force of the Law of 8 August 1980. That important reform transferred to the regions into which Belgium is divided exclusive powers in a number of fields, including 1. On 2 February 1982, giving judgment in those to which the four directives relate. It actions brought by the Commission of the was therefore for the regional authorities in European Communities in Cases 68 to question to fulfil the obligations laid down 71/81 ([1982] ECR 153, 163, 169 and 175), in the directives, but their respective legis- the Court held that the Kingdom of latures have not yet done so. Belgium had failed to fulfil its obligations under the Treaty by not adopting within the prescribed periods the provisions needed to comply with the following Council Directives: 78/176/EEC of 20 February 1978 on waste from the titanium dioxide This argument is to no avail. As the Court industry (Official Journal 1978, L 54, p. has already stated in the 1982 judgments, 19); 75/442/EEC of 15 July 1975 on waste the circumstances referred to by the Belgian (Official Journal 1975, L 194, p. 39); Government are among the 'provisions, 75/439/EEC of 16 June 1975 on the practices or circumstances' in its internal disposal of waste oils (Official Journal 1975, legal system which the Court has repeatedly L 194, p. 23); 76/403/EEC of 6 April 1976 held are fundamentally incapable of on the disposal of polychlorinated biphenyls justifying 'failure to comply with obligations and polychlorinated terphenyls (Official under Community directives' (most recently, Journal 1976, L 108, p. 41). judgment of 12 February 1987 in Case 69/86 Commission v Italy [1987] ECR 773, paragraph 7). I would add that, so far as Directive 78/176/EEC is concerned, these circumstances are in any event irrelevant. In In four applications lodged on 23 July 1985 the area covered by that provision the and joined by the Court by order of 9 Belgian Government itself retains legislative October 1985, the Commission now claims powers but it acknowledges that the that the Court should declare that Belgium measures needed to implement that directive has not complied with the aforesaid have not yet all been adopted. judgments and has therefore failed to fulfil its obligations under Article 171 of the Treaty.

Belgian legal system — unlike the Italian [1984] ECR 1891, paragraph 26, and of 15 system (Article 6 of Decree No 616 of the May 1986 in Case 222/84 Johnston ν Chief President of the Republic of 24 July 1977) Constable of the Royal Ulster Constabulary and the Spanish system (Article 155 of the [1986] ECR 1651, paragraphs 51 to 53). It Constitution) — there is no legislation is therefore clear that these obligations are conferring on the State the power to compel also binding on the regions where, as in the the regions to implement Community legis­ present case, they possess the necessary lation or to substitute itself for them in powers. order directly to implement legislation in the event of a persistent delay on their part. Secondly, it should be recalled that the second paragraph of Article 5 of the EEC The delay of which the Belgian Government Treaty provides that the States must abstain is accused has now lasted almost 10 years from 'any measure (and thus — it should be and prompts me to make two observations. noted — even a law having constitutional First of all, it should be recalled that the status) which could jeopardize the obligations imposed on Member States by attainment of the objectives of this Treaty'. the third paragraph of Article 189 of the To put it even more explicitly, therefore, EEC Treaty (to achieve the result envisaged States are bound 'not to detract, by means by the directive within the period it pres­ of natonal legislation, from the full and cribes) and by the first paragraph of Article uniform application of Community law or 5 (to take all appropriate measures to ensure from the effectiveness of its implementing the fulfilment of the obligations arising out measures'; consequently they may not of Community measures) are equally 'introduce or maintain in force binding on all the authorities of Member measures . .. which may render ineffective States, including the courts (judgments of (Community) rules' (judgment of 10 10 April 1984 in Case 14/83 Van Colson January 1985 in Case 229/83 Leclerc v Att and Kamann ν Land Nordrhein-Westfalen blé vert [1985] ECR 1, paragraph 14).