C-135/96

OPINION OF MR JACOBS — CASE C-135/96

OPINION OF ADVOCATE GENERAL JACOBS delivered on 16 January 1997

1. In these proceedings the Commission shall apply these provisions as from 1 July seeks a declaration, under Article 169 of 1993. the Treaty, that the Kingdom of Belgium has failed to comply with its obligations under the Treaty by not adopting within the prescribed period the measures necessary to implement Commission Directive 91/659/EEC of 3 December 1991 adapting to technical progress Annex I to Council Direc- tive 76/769/EEC on the approximation of the laws, regulations and administrative pro- visions of the Member States relating to restrictions on the marketing and use of cer- tain dangerous substances and preparations (asbestos). 1

2. Member States shall communicate to the Commission no later than 18 months after the date of its adoption the text of the basic provisions of national law which they adopt in the field covered by this Directive.'

2. Article 2 of the directive provides that:

3. Belgium has not disputed its failure to implement the Directive. It states in the defence that the necessary measures are under way.

(1) declare that, by failing to adopt within the prescribed period the provisions necessary to implement Commission Directive 91/659/EEC, the Kingdom of Belgium has failed to fulfil its obligations under the Treaty;

(2) order the Kingdom of Belgium to pay the costs of these proceedings.

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