C-218/96
ECLI:EU:C:1996:460
- Súd
- Súdny dvor Európskej únie
- IČS
- 61996CC0218
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF MR LENZ — JOINED CASES C-218/96, C-219/96, C-220/96, C-221/96 AND C-222/96
OPINION OF ADVOCATE GENERAL LENZ delivered on 28 November 1996 *
1. In these proceedings for infringement of stances. Article 7(1) of that directive the Treaty, the Commission alleges that the required Member States to adopt the neces Kingdom of Belgium has failed to adopt sary laws, regulations and administrative within the prescribed time-limits the laws, provisions for the transposition of the direc regulations and administrative provisions tive not later than 31 December 1993, and necessary to transpose certain directives, or inform the Commission thereof without to communicate those measures to the Com delay. mission.
4. Case C-220/96 concerns Commission 2. Case C-218/96 concerns Commission Directive 92/69/EEC of 31 July 1992 adapt Directive 93/105/EC of 25 November 1993 ing to technical progress for the seventeenth laying down Annex VII D, containing time Council Directive 67/548/EEC on the information required for the technical approximation of the laws, regulations and dossier referred to in Article 12 of the administrative provisions relating to the clas seventh amendment of Council Directive sification, packaging and labelling of danger 67/548/EEC. 1 Under Article 2(1) of that ous substances. 3Under Article 3(1) of that directive, Member States were obliged to directive, Member States were obliged to adopt the necessary laws, regulations and adopt the necessary laws, regulations and administrative provisions for the transposi administrative provisions for the transposi tion of the directive not later than 31 tion of the directive not later than 30 Octo December 1993, and inform the Commission ber 1993, and inform the Commission thereof without delay. thereof without delay.
3. Case C-219/96 concerns Commission 5. Case C-221/96 concerns Commission Directive 93/86/EEC of 4 October 1993 Directive 93/67/EEC of 20 July 1993 laying adapting to technical progress Council down the principles for assessment of risks Directive 91/157/EEC on batteries and accu to man and the environment of substances mulators containing certain dangerous sub notified in accordance with Council Direc-
* Original language: German. 2 — OJ 1993 L 264, p. 51. 1 — OJ 1993 L 294, p. 21. 3 — OJ 1992 L 383, p. 113.
I-6818
COMMISSION v BELGIUM
tive 67/548/EEC. 4 Article 8(1) of that direc 7. The Kingdom of Belgium does not deny tive required Member States to adopt the that the directives in question have not been necessary laws, regulations and administra transposed into national law within the pre tive provisions for the transposition of the scribed time-limits. It merely states that the directive not later than 31 October 1993, and measures necessary to transpose the direc inform the Commission thereof without tives are in the course of preparation and will delay. be adopted shortly.
6. Finally, Case C-222/96 concerns Council Directive 92/32/EEC of 30 April 1992 amending for the seventh time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, pack 8. As it is therefore obvious that the direc aging and labelling of dangerous sub tives in question have not been transposed 5 within the time-limits, there is no need to stances. Under Article 3(1) of that directive, Member States were obliged to adopt the consider the Commission's further com necessary laws, regulations and administra plaint that the Kingdom of Belgium did not tive provisions for the transposition of the communicate to it without delay the laws, directive not later than 31 October 1993, and regulations and administrative provisions inform the Commission thereof without adopted in order to implement those direc delay. tives.
9. I therefore propose that the Court should hold that, by failing to adopt within the prescribed time-limits the laws, regulations and administrative provisions neces sary to implement:
— Commission Directive 93 / 105 / EC of 25 November 1993 laying down Annex VII D , containing information required for the technical dossier referred to in Article 12 of the seventh amendment of Council Directive 67 / 548 / EEC ;
— Commission Directive 93 / 86 / EEC of 4 October 1993 adapting to technical progress Council Directive 91 / 157 / EEC on batteries and accumulators con taining certain dangerous substances;
4 — OJ 1993 L 227. p. 9. 5 OJ 1992 I. 154, p. 1.
I-6819
OPINION OF MR LENZ — JOINED CASES C-218/96, C-219/96, C-220/96, C-221/96 AND C-222/96
— Commission Directive 92/69/EEC of 31 July 1992 adapting to technical progress for the seventeenth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;
— Commission Directive 93/67/EEC of 20 July 1993 laying down the principles for assessment of risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC; and
— Council Directive 92/32/EEC of 30 April 1992 amending for the seventh time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances,
the Kingdom of Belgium has failed to fulfil its obligations under the EC Treaty.
I further propose that the Kingdom of Belgium should be ordered to pay the costs.
: - 6820