C-315/98
ECLI:EU:C:1999:451
- Súd
- Súdny dvor Európskej únie
- IČS
- 61998CC0315
- Zdroj
- eur-lex.europa.eu ↗
COMMISSION V ITALY
O P I N I O N OF ADVOCATE GENERAL JACOBS delivered on 23 September 1999 *
1. Council Directive 95/21/EC concerning 3. By reply dated 30 April 1997, the Italian the enforcement, in respect of shipping Government informed the Commission using Community ports and sailing in the that Directive 95/21 was listed in Schedule waters under the jurisdiction of the Mem- D to the draft Community Law for 1995- ber States, of international standards for 1996. ship safety, pollution prevention and ship- board living and working conditions (port State control) 1was adopted on 19 June 1995. Article 20(1) thereof provides: 'Member States shall adopt the laws, regulations and administrative provisions necessary to implement this Directive not later than 30 June 1996 and shall forthwith inform the Commission thereof.' 4. On 24 November 1997, considering that no measures had been adopted to imple- ment the Directive, the Commission sent the Italian Government a reasoned opinion in accordance with Article 169 of the EC Treaty, calling on it to adopt such measures within two months.
5. On 13 February 1998, the Italian autho- 2. On 16 January 1997, having received no rities sent the Commission a draft regula- information concerning such implementa- tion implementing the Directive; on tion by Italy, the Commission requested the 26 May 1998, they informed it that Law Italian Government to submit its observa- No 128 2had been adopted on 24 April tions in accordance with Article 169 of the 1998. Directive 95/21 was included in EC Treaty (now Article 226 EC). Schedule D to that Law, in a list of
* Original language: English. 2 — Referred to as the 'Community Law 1995-1997', Supple- 1 — OJ 1995 L 157, p. 1. mento Ordinario GURI No 88 of 7 May 1998.
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OPINION OF MR JACOBS — CASE C-315/98
directives yet to be implemented by mini- 8. As regards the circulars cited and pro- sterial regulation. duced by the Italian Government, the Court has consistently held that mere administra- tive practices, which by their nature are alterable at will by the administration and are not given the appropriate publicity, 6. On 12 August 1998, the Commission cannot be regarded as constituting the brought the present proceedings, in which proper fulfilment of obligations under the it asks the Court to declare that, by not Treaty. 3The circulars concerned fall within adopting the laws, regulations and admin- that category and thus cannot be relied istrative provisions necessary to implement upon by the Italian Government in its Directive 95/21, the Italian Republic has defence. failed to fulfil its obligations under that directive and the EC Treaty, and to order the Italian Republic to pay the costs.
7. In its defence, the Italian Government argues that the obligations arising under the Memorandum of Understanding on 9. As regards the draft regulation imple- Port State Control signed in Paris on menting the Directive and the fact that 26 January 1982 and the resolutions of Directive 95/21 is listed in Schedule D to the International Maritime Organisation Law No 128 of 24 April 1998, the Court relating thereto, which the Directive in fact has further consistently held that the ques- embodies, have been complied with in Italy tion whether a Member State has failed to by means of a series of circulars from the fulfil its obligations must be determined by Ministry of the Mercantile Marine and the reference to the situation prevailing at the Ministry of Transport and Shipping dating end of the period laid down in the reasoned from 1977 to 1998. It further states that the opinion. 4Thus, even were those measures procedure for adopting the draft regulation to have implemented the Directive in any implementing Directive 95/21 is at an degree, they could not be taken into advanced stage. consideration in the present case.
3 — See, most recently, Case C-316/96 Commission v Italy [1997] ECR 1-7231, paragraph 16 of the judgment. 4 — Ibid., paragraph 14.
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COMMISSION V ITALY
Conclusion
10. I therefore conclude that the Court should:
(1) declare that, by not adopting the laws, regulations and administrative provisions needed to implement Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control), the Italian Republic has failed to fulfil its obligations under that directive and under the EC Treaty; and
(2) order the Italian Republic to pay the costs.
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