C-307/86

OPINION OF MR MISCHO — CASE 307/86

O P I N I O N OF MR ADVOCATE GENERAL MISCHO delivered o n 17 M a r c h 1988 *

Mr President, problem in determining responsibilities as Members of the Court, between two ministerial departments regarding the issue of Community 1. The Belgian Government does not deny certificates attesting conformity, introduced that it has in fact failed to fulfil its obli- by the directive, and by the need to bring gations under the Treaty, as the about coordination at national level with a Commission has claimed in these view to adapting several sets of national proceedings. It expressly concedes the rules. necessity of adopting domestic measures to ensure the conformity of Belgian law and Council Directive 82/714/EEC of 4 3. However, 'as the Court has consistently October 1982 laying down technical held, a Member State cannot plead requirements for inland waterway vessels provisions, practices or circumstances (Official Journal 1982, L 301, p. 1). existing in its national legal system to justify a failure to comply with obligations and 2. The defendant government explains the time-limits laid down in directives'. 1 delay in implementing the directive, which, Similary, 'a Member State cannot plead according to Article 22 thereof, ought to domestic administrative difficulties to justify have been done by 1 January 1985 at the the failure to comply with obligations and latest, by the fact that it has encountered a time-limits laid down by Community law'. 2

4. I have therefore n o choice but t o p r o p o s e t h a t the C o u r t allow the C o m m i s s i o n ' s application a n d declare that, by failing to a d o p t within the p e r i o d prescribed the laws, regulations a n d administrative provisions necessary to c o m p l y w i t h C o u n c i l Directive 8 2 / 7 1 4 / E E C of 4 O c t o b e r 1982 laying d o w n technical r e q u i r e m e n t s for inland w a t e r w a y vessels, the K i n g d o m of Belgium has failed t o fulfil its duties u n d e r the T r e a t y . It follows t h a t the d e f e n d a n t M e m b e r State must be o r d e r e d to pay the costs.