C-213/97

OPINION OF MR JACOBS — CASE C-213/97

OPINION OF ADVOCATE GENERAL JACOBS delivered on 12 March 1998 *

1. In these proceedings the Commission 2. Member States shall communicate to the seeks a declaration, under Article 169 of the Commission, immediately after adoption, EC Treaty, that Portugal has failed to fulfil the texts of the provisions of national law its obligations under the Treaty by not which they adopt in the field governed by adopting within the prescribed period, and/ this Directive.' or by not immediately communicating to the Commission, the measures necessary to 1 implement Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain danger­ 3. Article 2 of Directive 88/347 provides ous substances included in List I of the that: Annex to Directive 76/464/EEC, as amended by Council Directive 88/347/EEC of 16 June 1988 amending Annex II to Directive 2 3 86/280. Directive 76/464 concerns pollu­ tion caused by certain dangerous substances 'Member States shall take the measures nec­ discharged into the aquatic environment of essary to comply with this Directive by 1 the Community. January 1989 with regard to aldrin, dieldrin, endrin and isodrin, and by 1 January 1990 with regard to the other substances. They shall forthwith inform the Commisson thereof.

2. Article 7 of Directive 86/280 provides that: ...'

4. Portugal has not disputed its failure to '1 . Member States shall bring into force the implement the Directive and states in its measures necessary to comply with this defence that the necessary measures are in Directive by 1 January 1988. They shall the course of being adopted. forthwith inform the Commission thereof.

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

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