C-372/01

OPINION OF MR JACOBS — CASE C-372/01

OPINION OF ADVOCATE GENERAL JACOBS delivered on 7 March 2002 1

1. In this case the Commission seeks a (c) the establishment at Community level declaration, pursuant to Article 226 EC, of a positive list of active substances that, by not adopting the laws, regulations which may be used in biocidal prod­ 3 and administrative provisions necessary to ucts. comply with Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the plac­ 2 ing of biocidal products on the market, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive. 3. Pursuant to Article 34 of the Directive, Member States were required to bring into force the laws, regulations and adminis­ trative provisions necessary to comply with the Directive by 13 May 2000, and to communicate to the Commission the texts 2. The Directive lays down provisions of the provisions which they adopt. governing:

4. Having received no communication from the Grand Duchy of Luxembourg on (a) the authorisation and the placing on implementing measures, the Commission the market for use of biocidal products introduced the present application. within the Member States;

5. The Grand Duchy of Luxembourg states (b) the mutual recognition of authori­ in its defence that a draft law transposing sations within the Community; and the essential provisions of the Directive has been brought before the Luxembourg Par-

1 — Original language: English. 2 — OJ 1998 L 123, p. 1. 3 — See Article 1(1) of the Directive.

(2) order the Grand Duchy of Luxembourg to pay the costs.

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