C-313/96

OPINION OF MR JACOBS — JOINED CASES C-313/96, C-356/96 AND C-358/96

OPINION OF ADVOCATE GENERAL JACOBS delivered on 13 March 1997 *

1. In these three joined cases the Commis­ 4. Case C-313/96 concerns Commission sion seeks declarations, under Article 169 of Directive 93/21/EEC of 27 April 1993 adapt­ the EC Treaty, that the Kingdom of Belgium ing to technical progress for the eighteenth 2 has failed to comply with its obligations time Council Directive 67/548/EEC. under the Treaty by not adopting within the prescribed period the measures necessary to implement certain Commission directives relating to dangerous substances.

5. Article 2(1) of Directive 93/21 provides that: 2. Case C-356/96 concerns Commission Directive 91/410/EEC of 22 July 1991 adapt­ ing to technical progress for the fourteenth time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the clas­ sification, packaging and labelling of danger­ 'Member States shall bring into force the ous substances. 1 laws, regulations and administrative provi­ sions necessary to comply with this Direc­ tive by 1 July 1994, with the exception of those applicable to mobile gas cylinders con­ taining butane, propane or liquid petroleum gas. Member States shall immediately inform 3. Article 2(1) of Directive 91/410 provides the Commission thereof.' that:

'By 1 August 1992, Member States shall adopt and publish the provisions necessary 6. Case C-358/96 concerns Commission to comply with this Directive and shall Directive 93/90/EEC of 29 October 1993 forthwith inform the Commission thereof. concerning the list of substances referred to They shall apply these provisions from 1 in Article 13(1) (fifth indent) of Council 3 November 1992 at the latest.' Directive 67/548/EEC.

10. Accordingly I am of the opinion that the Court should:

(1) declare that, by failing to adopt within the prescribed period the provisions necessary to implement:

— Commission Directive 91/410/EEC of 22 July 1991 adapting to technical progress for the fourteenth time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;

— Commission Directive 93/21/EEC of 27 April 1993 adapting to technical progress for the eighteenth time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances; and

— Commission Directive 93/90/EEC of 29 October 1993 concerning the list of substances referred to in Article 13(1) (fifth indent) of Council Directive 67/548/EEC,

the Kingdom of Belgium has failed to fulfil its obligations under the Treaty;