C-214/97
ECLI:EU:C:1998:96
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OPINION OF MR RUIZ-JARABO — CASE C-214/97
OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 10 March 1998 *
1. By the present action the Commission table for the improvement of waters. In view seeks a declaration by the Court of Justice of the Portuguese authorities' failure to that the Portuguese Republic has failed to reply, the Commission made the same fulfil its obligations under Community law, request again on 13 November 1992 and on specifically under Council Directive 22 January 1993. 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States (OJ 1975 L 194, p. 26, herein after 'the Directive'). In particular, the Com mission criticises Portugal for not having adopted the plan of action and timetable for On 19 May 1993 the Portuguese Govern the improvement of surface waters, provided ment sent the Commission a document for in Article 4(2) of the Directive, by entided 'Programmes for the Reduction of 1 January 1989, in accordance with Pollution'. Article 395 in conjunction with Annex XXXVI to the Act of Accession of the King dom of Spain and the Portuguese Republic to the European Communities (OJ 1985 L 302). In the alternative, the Commission seeks a declaration that Portugal has failed to fulfil its obligation to inform the Commis 3. By formal letter of notice of 13 January sion of such measures, contrary to Article 10 1994 the Commission informed the Portu of the Directive. The Commission requests, guese Government that the abovementioned further, that the defendant be ordered to pay document did not meet the conditions set by the costs. Article 4(2) and called upon it to submit its observations within two months.
4. On 10 June 1994, through its Permanent Representation to the European Union, the 2. By letter of 12 August 1991 the Commis Portuguese Government informed the Com sion asked the Portuguese Government to mission that the measures necessary for send it a copy of the plan of action and time implementation of the Directive and, in par ticular, for drawing up the requisite plan of action, were being taken. The Portuguese * Original language: Spanish. Government asked for a period of two more
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COMMISSION v PORTUGAL
months in order to allow it to provide fur not deny its failure to fulfil its obligations, ther information, in view of the complexity but points out that the 'Systematic Plan of of procedures in the field. Action' sent to the Commission on 1 March 1996 complies with most of the conditions laid down in the Directive. In any event, the definitive plan, whose complexity has led to various delays, should be ready before 5. Since it did not receive the promised 30 October 1997, in view of which the Por information, the Commission sent the Portu tuguese Government requests the Court of guese Republic a reasoned opinion on Justice to stay proceedings until that date. 10 July 1995, calling upon it to adopt, within two months, the measures necessary to com ply with the Directive.
8. It follows from the foregoing that the Portuguese Republic has failed to fulfil its 6. On 1 March 1996 the Portuguese Govern obligations as alleged. ment sent the Commission a new document entitled 'Systematic Plan of Action' accom panied by a number of annexes. Since, after examining the documents, the Commission Since the Commission's first letter in this considered that the Portuguese Republic had regard was sent more than six years ago by still not complied with the requirements laid the Commission and the Portuguese Gov down in Article 4(2) of the Directive, it ernment has failed on several occasions to decided to bring the present action. fulfil its obligations under the Directive, I do not consider that its request for the proceed ings to be stayed should be upheld. In any event, the costs of these proceedings should 7. In its observations submitted to the Court be paid by the defendant pursuant to of Justice, the Portuguese Government does Article 69(2) of the Rules of Procedure.
Conclusion
9. I propose that the Court should uphold the application and:
(1) Declare that , by not drawing up , within the prescribed period , the systematic plan of action and timetable for the improvement of surface water provided
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OPINION OF MR RUIZ-JARABO — CASE C-214/97
for in Article 4(2) of Council Directive 75/440/EEC of 16 June 1975 concern ing the quality required of surface water intended for the abstraction of drink ing water in the Member States, the Portuguese Republic has failed to fulfil its obligations under Article 189 of the EC Treaty;
(2) Order the Portuguese Republic to pay the costs.
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