C-145/97
ECLI:EU:C:1998:35
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- Súdny dvor Európskej únie
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- 61997CC0145
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- eur-lex.europa.eu ↗
COMMISSION v BELGIUM
OPINION OF ADVOCATE GENERAL FENNELLY delivered on 29 January 1998 *
1. The present proceedings concern the fail knowledge of such text be necessary to ure of the Kingdom of Belgium to notify assess the implications of the draft technical certain technical regulations in accordance regulation.' with Article 8 of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regula tions (hereinafter 'the Directive'). 1
3. Article 1(5) defines 'technical regulation' as follows:
2. Article 8(1) of the Directive provides in relevant part:
'technical specifications, including the rel '1 . Member States shall immediately com evant administrative provisions, the obser municate to the Commission any draft tech vance of which is compulsory, de jure or de nical regulation, except where such technical facto, in the case of marketing or use in a regulation merely transposes the full text of Member State or a major part thereof, except an international or European standard, in those laid down by local authorities.' which case information regarding the rel evant standard shall suffice; they shall also let the Commission have a brief statement of the grounds which make the enactment of such a technical regulation necessary, where these are not already made clear in the draft. Where appropriate, Member States shall 4. In accordance with Article 1(1), the term simultaneously communicate the text of the 'technical specification' covers the following: basic legislative or regulatory provisions principally and directly concerned, should
* Original language: English. 1 — OJ 1983 L 109, p. 8, as amended by Council Directive 88/182/EEC of 22 March 1988 amending Directive 'a specification contained in a document 83/189/EEC (OJ 1988 L 81, p. 75). The Directive has subse which lays down the characteristics required quently been amended by Directive 94/10/EC of the Euro pean Parliament and the Council of 23 March 1994 (OJ 1994 of a product such as levels of quality, perfor L 100, p. 30); the deadline for transposition of these latter modifications expired on 1 July 1995, and they arc therefore mance, safety or dimensions, including the not relevant to the present case. requirements applicable to the product as
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OPINION OF MR FENNELLY — CASE C-145/97
regards terminology, symbols, testing and mark "BENOR"; in the absence of such test methods, packaging, marking or label standards, they must be approved by the ling ....' Association Royale des Gaziers Belges (A. R. G. B.)';
5. On 9 November 1993, the Government of the Region of Metropolitan Brussels adopted a Decree concerning quality and safety stan Article 23(2) dards for the letting of furnished accommo 2 dation. The Commission claims that the following provisions comprise technical regulations giving rise to the obligation to communicate the Decree to it: '[Without prejudice to the application of the provisions laid down by statute or regulation concerning fire prevention, the lessor shall Article 12 take measures to ensure: ]
'Electrical appliances shall comply with the relevant Belgian standards and Royal that swift and effective action can be taken Decrees. They must bear the mark against any outbreak of fire, using the neces " CEBEC "; sary equipment for protection against fire. The said equipment, defined in agreement with the Fire Service, must comply with the relevant standards and bear the mark "BENOR".' Article 13(3) and (4)
'Natural-gas installations must comply with standard NBN D51-003: "Installations for 6. Belgium has not contested the classifica combustible gas, lighter than air, distributed tion of the contested national provisions as by pipes". 'technical regulations' and expressly recogn ises that they should have been notified.
Natural-gas installations must comply with the relevant Belgian standards and bear the 7. It is common ground between the parties that the national provisions in the present 2 — Moniteur Belge, 31 December 1993, p. 29194. case render obligatory certain pre-existing
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COMMISSION v BELGIUM
national technical standards; it has not been case-file to indicate that the Brussels Region suggested, for example, that any of the Bel is not a 'major part' of the Kingdom of Bel gian standards were already binding by vir gium for the purposes of Article 1(5) of the tue of other pre-existing legal provisions. 3It Directive, rather than a local authority, nor is true that the contested Decree only con that the prohibition on the use in furnished cerns the use of electrical, gas and fire- rented accommodation of equipment other fighting equipment in a defined area (Region than that specified does not constitute a of Metropolitan Brussels) and in particular restriction which is 'capable of hindering, circumstances (rented furnished accommoda directly or indirectly, actually or potentially, tion); the contested provisions do not require intra-Community trade in goods', within the that all such products used in that area or meaning of the Court's judgment in Bic 4 marketed conform to the said technical Benelux. standards. There is, however, nothing in the
Conclusion
8. In these circumstances, I recommend that the Court :
(1) Declare that , by failing to communicate to the Commission the Decree of the Government of the Region of Metropolitan Brussels of 9 November 1993 con cerning quality and safety standards for the letting of furnished accommoda tion at the draft stage, the Kingdom of Belgium has failed in its obligations under the first subparagraph of Article 8(1) of Council Directive 83 / 189 / EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations;
(2) Order the Kingdom of Belgium to bear the costs.
3 — Sec Case C-279/94 Commission v Italy [1997] ECR I-4743, 4 — Case C-13/96 Bic Benelux v Belgian State [19971 paragraph 36. ECR 1-1753, paragraph 19.
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