C-79/98
ECLI:EU:C:1998:392
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OPINION OF MR LÉGER — CASE C-79/98
OPINION OF ADVOCATE GENERAL LÉGER delivered on 16 July 1998 *
1. By application lodged at the Registry of regulations and administrative provisions nec- the Court on 24 March 1998, the Commis- essary to comply therewith by 1 September sion of the European Communities com- 1996 and are to inform the Commission menced an action under Article 169 of the thereof immediately. EC Treaty seeking a declaration that, by not adopting within the prescribed period the laws, regulations and administrative provi- sions necessary to comply with Commission Directive 94/69/EC of 19 December 1994 adapting to technical progress for the 4. O n 16 January 1997 the Commission, acting 21st time Council Directive 67/548/EEC on in accordance with Article 169 of the Treaty, the approximation of laws, regulations and sent a letter of formal notice to Belgium administrative provisions relating to the requesting it to submit, within two months, classification, packaging and labelling of its observations on the absence of measures dangerous substances ' (hereinafter 'the necessary to transpose the Directive into Directive'), Belgium has failed to fulfil its national law. obligations under that Directive.
5. O n 3 September 1997, in the absence of a 2. Article 1 of the Directive provides that reply from the Belgian Government, the Com- Annex I to Council Directive 67/548/EEC of mission sent the latter a reasoned opinion in 27 June 1967 on the approximation of laws, which it sought compliance with the terms regulations and administrative provisions thereof within two months of its notification. relating to the classification, packaging and labelling of dangerous substances, 2 is to be replaced by Annex I to Directive 94/69.
6. In reply to that reasoned opinion, the Bel- gian Government informed the Commission, by letter of 3 October 1997, that the Direc- 3. Article 2 of the Directive provides that tive would be transposed into Belgian law by Member States are to implement the laws, a decree, the text of which was annexed to the letter, that the decree would be submitted to the Minister for Public Health and the Minister for the Environment for signature, * Original language: French. 1 — OJ 1994 L 381, p. 1. and that it would be signed by the Head of 2 — OJ, English Special Edition 1967, p. 234. State and published as soon as possible.
I-6040
COMMISSION v BELGIUM
7. Since it did not receive from the Belgian 10. The fact remains that Belgium does not Government any further information indi- deny that it failed to adopt the measures nec- cating that Belgium had in the meantime ful- essary to transpose the Directive into national filled its obligations under the Directive, the law within the time-limit prescribed by it. Commission decided to commence the present proceedings.
11. The Court should therefore allow the 8. In its defence, Belgium observes that the action brought by the Commission and declare measures transposing the Directive into that, by not adopting within the prescribed national law are currently being drafted. It period the measures necessary to comply with states that a draft royal decree implementing the Directive, Belgium has failed to fulfil its the relevant Community legislation will be obligations under Article 2 thereof. submitted to the King for signature as soon as possible, and that the Court will be informed as soon as the royal decree enters into force.
12. In accordance with Article 69(2) of the 9. The Commission stated that it was waiving Rules of Procedure of the Court of Justice, its right of reply to the defence. Belgium should be ordered to pay the costs.
Conclusion
13. I p r o p o s e that the C o u r t :
(1) declare that, b y n o t a d o p t i n g w i t h i n the p r e s c r i b e d p e r i o d t h e laws, regula- t i o n s a n d a d m i n i s t r a t i v e p r o v i s i o n s necessary t o c o m p l y w i t h C o m m i s s i o n Directive 9 4 / 6 9 / E C of 19 D e c e m b e r 1994 a d a p t i n g t o technical p r o g r e s s for the twenty-first time C o u n c i l Directive 6 7 / 5 4 8 / E E C o n t h e a p p r o x i m a t i o n of laws, regulations and administrative p r o v i s i o n s relating t o t h e classification, p a c k - aging a n d labelling of d a n g e r o u s substances, t h e K i n g d o m of B e l g i u m has failed t o fulfil its obligations u n d e r Article 2 of the Directive;
(2) o r d e r t h e K i n g d o m of Belgium t o p a y t h e costs.
I-6041