C-146/01

1. In the present infringement proceedings, repealed with effect from 13 May 2000. the Commission seeks a declaration by the The content of that and a number of related Court that the Kingdom of Belgium has directives was revised and laid down in a failed to adopt or notify, within the pre- new directive. 4However, Directive 90/641 scribed period, the laws, regulations and has not been amended and remains fully in administrative provisions necessary to force. transpose fully Council Directive 90/641/Euratom of 4 December 1990 on the operational protection of outside workers exposed to the risk of ionising radiation during their activities in con- trolled areas. 2 The transposition period laid down in Article 8 of that directive expired on 31 December 1993. 3. The directive in question was transposed into Belgian law by the Royal Decree of 25 April 1997 on the protection of workers against the dangers arising from ionising radiation 5 and by the Royal Decree of 2 October 1997 on, inter alia, the amend- ment of the Royal Decree of 28 February 1963 providing generally for the protection of the population and workers against the danger of ionising radiation. 6The Com- mission takes the view that that legislation does not fully transpose a number of 2. According to Article 1, the purpose of provisions of Directive 90/641. Directive 90/641 is to supplement Council Directive 80/836/Euratom of 15 July 1980 amending the directives laying down the basic safety standards for the health pro- tection of the general public and workers against the dangers of ionising radiation, 3 thereby optimising at Community level 4. The Commission's complaints relate, operational protection arrangements for first, to the failure to comply with outside workers performing activities in controlled areas. Directive 80/836 was 4 — Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers 1 — Original language: Dutch. arising from ionising radiation (OJ 1996 L 159, p. 1). 2 — OJ 1990 L 349, p. 21. 5 — Moniteur belge of 12 July 1997, No 1407. 3 — OJ 1980 L 246, p. 1. 6 — Moniteur belge of 23 October 1997, No 2443.

7. According to settled case-law, the ques- tion whether a Member State has failed to 5. The Commission's criticism is levelled, fulfil its obligations must be determined by second, at the failure to comply with reference to the situation prevailing in the Articles 5 and 6 of Directive 90/641. Those Member State at the end of the period laid articles deal with the obligations of outside down in the reasoned opinion. 7In the undertakings and of operators with regard present case, the reasoned opinion — in to outside workers. The Commission which the Belgian Government was called acknowledges that the Belgian legislation upon to notify the Commission, within two contains a provision in respect of outside months, of the measures to be taken — workers employed by an undertaking was issued on 1 August 2000. The Court established in another Member State where therefore cannot take account of any that undertaking does not possess a radio- changes which may have occurred after logical document recognised by that other 1 October 2000. Member State. Nevertheless, it claims that the national legislation in question does not take account of outside workers employed 7 — Sec recent Case C-207/00 Commission v Italy [2001] ECK by an undertaking of another Member I-4571, paragraphs 27 and 28.

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OPINION OF MR GEELHOED — CASE C-146/01

Conclusion

8. I therefore propose that the Court should:

— declare that, by failing to adopt or notify, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Articles 4(2), 5 and 6 of and Annexes I and II to Council Directive 90/641/Euratom of 4 December 1990 on the operational protection of outside workers exposed to the risk of ionising radiation during their activities in controlled areas, the Kingdom of Belgium has failed to fulfil its obligations under that directive;