C-33/01

1 — Original language: French. 2 —OJ 1991 L 377, p. 20. 3 — OJ 1994 L 168, p. 28. This directive supplements Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39). 4 — Article 1(1) of Directive 91/689.

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3. Where hazardous waste is transferred, it — the types and quantities of waste which shall be accompanied by an identification can be treated. form containing the details specified in Section A of Annex I to Council Directive 84/631/EEC of 6 December 1984 on the supervision and control within the Euro- pean Community of the transfrontier ship- Once a year, Member States shall inform ment of hazardous waste, 5as last amended the Commission of any changes in this by Directive 86/279/EEC.' 6 information.

The Commission shall make this infor- mation available on request to the compet- 6. Article 8(3) of Directive 91/689 pro- ent authorities in the Member States. vides:

The format in which this information will be supplied to the Commission shall be agreed upon ...' '... by 12 December 1994, the Member States shall send the Commission the fol- lowing information for every establishment or undertaking which carries out disposal and/or recovery of hazardous waste prin- 7. Commission Decision 96/302/EC of cipally on behalf of third parties and which 17 April 1996 7 establishes a format in is likely to form part of the integrated which information is to be provided pur- network referred to in Article 5 of Direc- suant to Article 8(3) of Directive 91/689. tive 75/442/EEC: The annex to the decision sets out the standard format in which this information is to be provided.

9. Since the Commission took the view that the Hellenic Republic had not sent it the 13. By letter of 9 November 1999, the information required under Article 8(3) of Greek authorities replied to that supple- Directive 91/689, it initiated the infringe- mentary reasoned opinion. In their reply, ment procedure. they maintained that they had sent to the Commission, by letter of 13 November 1998 from the Ministry of the Environ- ment, information concerning the establish- ments or undertakings responsible for dis- posal and/or recovery of hazardous waste 10. On 16 September 1998, the Commis- on behalf of third parties. They also stated sion sent a letter of formal notice to the that, as regards the question of the quantity Greek Government, under Article 226 EC, of hazardous waste produced and the requesting it to make its observations percentage recovered in Greece in 1998, within a period of two months. Since it the total quantity of that waste amounted received no reply, the Commission sent a to 287 000 tonnes/year, of which 65 000 reasoned opinion to the Hellenic Republic tonnes/year were recovered, that is on 17 December 1998. 22.82%.

11. By letter of 30 November 1998, the Greek authorities replied to the letter of The Commission found that this infor- formal notice stating that, in Greece, there mation contradicted the replies given by were neither establishments nor undertak- the Greek authorities on 30 November and ings carrying out disposal and/or recovery 7 December 1998. 8 of hazardous waste. In the same letter, they gave the names and addresses of four undertakings which manage hazardous 8 — In the reply sent to the Commission on 7 December 1998, waste on behalf of third parties, which the Greek Government had indicated that the total quantity of hazardous waste produced in Greece was 34.1% per export it to other Member States. annum (see point 16 of the Commission's application}.

— declare that, by failing to send to the Commission within the prescribed period the information concerning every establishment or undertaking 18. In its defence, the Greek Government which carries out disposal and/or acknowledges that, in reply to the letter of recovery of hazardous waste, as formal notice and the reasoned opinion of required under Article 8(3) of Directive the Commission, it stated that, in Greece, 91/689 and by Decision 96/302, which there were neither establishments nor is envisaged by that provision, the undertakings carrying out disposal and/or Hellenic Republic has failed to fulfil recovery of hazardous waste, and gave the its obligations under the EC Treaty and names of four undertakings which manage that directive, hazardous waste on behalf of third parties. 9 It also gave new information, pointing out that, at the present time, there are six companies of that type. In addition, it provided information on the construc- — order the Hellenic Republic to pay the tion, at national level, of the first instal- costs. lation for the treatment of hazardous waste.

16. The Hellenic Republic contends that the Court should: 19. It its reply, the Commission complains that the Hellenic Republic did not send it the information concerning all the under- — dismiss the action brought by the Commission, 9 — See point 2 of the defence.

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takings responsible for disposal and/or and/or recovery of hazardous waste recovery of hazardous waste. In their principally on behalf of third parties, rejoinder, the Greek authorities gave addi- and tional names of undertakings and also supplementary information about them.

22. It is not disputed in any way that, on expiry of the period laid down in the supplementary reasoned opinion, that is — the list of all the establishments or 11 August 1999, the Greek Government undertakings which carry out disposal had not sent the Commission the infor- mation relating to every establishment or undertaking which carries out disposal 10 — See, in particular, Case C-435/99 Commission v Portugal and/or recovery of hazardous waste prin- [2000] ECR I-11179, paragraph 16; Case C-266/99 Commission v France [2001] ECR I-1981, paragraph 38; cipally on behalf of third parties in the C-71/99 Commission v Germany [2001] ECR I-5811, format laid down by Decision 96/302. paragraph 29; Case C-111/00 Commission v Austria 2001] ECR I-7555, paragraph 13; Case C-127/99 Com- Similarly, it did not inform the Commission mission v .Italy [2001] ECR I-8305, paragraph 38; and once a year of any changes in this infor- C-394/00 Commission v Ireland [2002] ECR I-581, paragraph 12. mation.

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23. Since the Greek Government did not 24. Under Article 69(2) of the Rules of fulfil the obligations under Article 8(3) of Procedure of the Court, the unsuccessful Directive 91/689 and under Decision party is to be ordered to pay the costs if 96/302, the action brought by the Com- they have been applied for, which is the mission is well founded. case here. I therefore propose that the Hellenic Republic be ordered to pay the costs.

Conclusion

2 5 . Consequently, I propose that the Court: