C-368/97
ECLI:EU:C:1998:146
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OPINION OF MR JACOBS - CASE C-368/97
OPINION OF ADVOCATE GENERAL JACOBS delivered on 26 March 1998 *
1. In these proceedings the Commission seeks a declaration, under Article 169 of the EC Treaty, that the Kingdom of Belgium has failed to fulfil its obligations under the Treaty by not adopting within the prescribed 3. The Member States shall immediately period, and/or by not communicating to the communicate to the Commission the text of Commission, the measures necessary to all the provisions of domestic law which implement Council Directive 94/57/EC of they adopt in the field governed by this 22 November 1994 on common rules and Directive. The Commission shall inform the standards for ship inspection and survey other Member States thereof.' organisations and for the relevant activities of maritime administrations. 1
3. The Kingdom of Belgium has not dis puted its failure to implement the Directive 2. Article 16 of the Directive provides that: and states in its defence that the necessary measures are in the course of being adopted.
'1 . Member States shall bring into force the laws, regulations and administrative provi sions necessary to comply with the Directive 4. In these circumstances the Commission's no later than 31 December 1995. application is clearly well founded.
Conclusion
5. 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 Council Directive 94 / 57 / EC of 22 November 1994 on
* Original language: English. 1 — OJ 1994 L 319, p. 20.
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COMMISSION v BELGIUM
common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, the Kingdom of Bel gium has failed to fulfil its obligations under the Treaty;
(2) order the Kingdom of Belgium to pay the costs of these proceedings.
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