C-260/93

OPINION OF MR TESAURO — CASE C-260/93

O P I N I O N O F ADVOCATE GENERAL TESAURO delivered on 2 3 F e b r u a r y 1994

Mr President, charged. It confines itself to justifying its Members of the Court, delay in transposing the directive on the grounds of the federal reform of the State, as a consequence of which responsibility for the matters regulated by the directive is now divided between the central and regional 1. By application lodged at the Court Regis- authorities, which has made it necessary to try on 17 April 1993, the Commission of the adopt the measures required by the Commu- European Communities seeks a declaration nity legislation at both federal and local level. by the Court that, by failing to adopt within The Court has consistently held that a Mem- the prescribed periods the measures neces- ber State may not plead provisions, practices sary to comply with Council Direc- or circumstances existing in its internal legal tive 86/278/EEC of 12 June 1986 on the pro- system in order to justify a failure to comply tection of the environment, and in particular with obligations and time-limits resulting of the soil, when sewage sludge is used in from Community directives. 2 agriculture, ' the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty. 3. Finally, the essence of the problem is not significantly altered by the partial fulfilment by Belgium of its obligations through the transmission, in the course of these proceed- 2. In that connection, it is sufficient to point ings, of the measures for compliance with the out that the Belgian Government does not directive which have been adopted by two dispute the infringement with which it is Regions.