C-177/01

OPINION OF MR GEELHOED — CASE C-177/01

OPINION OF ADVOCATE GENERAL GEELHOED delivered on 21 March 2002 1

1. In this case the Commission of the used PCBs are disposed of and PCBs and European Communities seeks a declaration equipment containing PCBs are decontami- by the Court that the French Republic has nated or disposed of as soon as possible. failed to adopt or notify, within the pre- For the equipment and the PCBs contained scribed period, the laws, regulations and therein, which are subject to inventory in administrative provisions necessary to accordance with Article 4(1), decontami- transpose fully Council Directive 96/59/EC nation and/or disposal must be effected at of 16 September 1996 on the disposal of the latest by the end of 2010. polychlorinated biphenyls and polychlor- inated terphenyls (PCB/PCT). 2The trans- position period laid down in Article 12 of that directive expired on 16 March 1998.

4. Under Article 4(1) of the directive, Member States are to ensure that inven- tories are compiled of equipment with PCB 2. According to Article 1, the purpose of volumes of more than 5 dm3, and to send Directive 96/59/EC is to approximate the summaries of such inventories to the Com- laws of the Member States on the con- mission at the latest on 16 September 1999. trolled disposal of PCBs, the decontami- nation or disposal of equipment containing PCBs and/or the disposal of used PCBs in order to eliminate them completely on the basis of the provisions of this directive.

5. Under Article 6(3), equipment contain- ing PCBs which is not subject to inventory in accordance with Article 4(1) and which 3. Under Article 3, Member States must is part of another piece of equipment is to take the necessary measures to ensure that be removed and collected separately when the latter equipment is taken out of use, recycled or disposed of. Under Article 11, 1 — Original language: Dutch. Member States must, by 16 September 2 —OJ 1996 L 243, p. 31. 1999, draw up plans for the decontami-

3 — Décret no. 2001 -63 du 18 janvier 2001 modifiant le décret no. 87-59, du 2 février 1987, relatif à la mise sur le marché, 8. The French Government does not dis- à l'utilisation et à ľélimination des polychlorobipliényles et pute the Commission's complaints. It polychloroternhényles, OJ of 25 January 2001 (Decree of 18 January 2001 amending Decree No 87-59 of 2 February points out that the establishment of the 1987 on the marketing, use and disposal of polychlormated hiphenyls and polychlormated terpnenyls). procedure to fulfil the obligations laid 4 — Arrêté du 13 février 2001 relatif a la déclaration de down in Articles 4 and 11 of the directive détention d'appareils contenant des polychlorobiphényles et des polychloroterphényles, OJ of 6 -March 2001 (order of took longer than anticipated and that tech- 13 February 2001 on the declaration of possession of equipment containing polychlorinated biphenyls and poly- nical difficulties linked to the computerised chlormated terphenyls). system used caused additional delay.

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OPINION OF MR GEELHOED — CASE C-177/01

Conclusion

9. I therefore propose that the Court should:

— declare that, by failing to communicate to the Commission a summary of the inventories of equipment with PCB volumes of more than 5 dm3, plans for the decontamination and/or disposal of the inventoried equipment and the PCBs contained therein, and outlines for the collection and subsequent disposal of equipment which is not subject to inventory in accordance with Article 4(1) and referred to in Article 6(3) of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT), the French Republic has failed to fulfil its obligations under Articles 4 and 11 of that directive;