C-376/01
ECLI:EU:C:2002:275
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OPINION OF MR MISCHO — CASE C-376/01
OPINION OF ADVOCATE GENERAL MISCHO delivered on 30 April 2002 1
1. The purpose of Directive 98/8/EC of the the European Communities. As it was European Parliament and of the Council of published on 24 April 1998, the Directive 16 February 1998 concerning the placing entered into force on 14 May 1998. of biocidal products on the market 2(here inafter 'the Directive') is to put in place the necessary environmental and safety stan dards for biocides to ensure that their placing on the market does not cause harm to the environment or to human health.
4. Member States were thus to bring into force the laws, regulations and adminis trative provisions necessary to comply with the Directive by 14 May 2000 at the latest.
2. Article 34 of the Directive requires Member States to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive not later than 24 months after its entry into force and to inform the Commission 5. Since the Commission received no infor thereof forthwith. mation enabling it to conclude that Ireland had adopted the necessary measures, it lodged this action for a declaration of failure to fulfil obligations.
3. Article 35 of the Directive states that it is to enter into force on the 20th day follow ing its publication in the Official Journal of 6. The applicant asks the Court to declare that by failing to adopt, by 14 May 2000, 1 — Original language: French. the laws, regulations and administrative 2 — OJ 1998 L 123, p. 1. provisions necessary to comply with the
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COMMISSION v IRELAND
Directive, or in any event to communicate present case, a reasoned opinion was sent these to the Commission, Ireland has failed to Ireland on 31 January 2001, setting a to fulfil its obligations under the Directive. time-limit of two months for compliance.
7. The Irish authorities consider that they have fully implemented the Directive by means of a statutory instrument entitled 9. The defendant does not deny that it 'The European Community (Authorisation, failed to adopt any measure to implement Placing on the Market, Use and Control of the Directive within the prescribed period. Biocidal Products) 2001', made on 18 De It recognises that its first measure, the cember 2001. They therefore request the designation of the Department of Agricul Court to stay the proceedings for three ture, Food and Rural Development as the months from the date of the defence, competent authority for Ireland, under providing time for the Commission to Article 26 of the Directive, was not taken examine the measures adopted by Ireland until 11 July 2001 and that the instrument and, if appropriate, to discontinue the implementing the Directive was adopted on proceedings. 18 December 2001.
8. It is, however, settled case-law that the question whether a Member State has failed to fulfil its obligations is determined 10. The failure to fulfil obligations, as by reference to the end of the period laid claimed by the Commission, which has down in the reasoned opinion. 3 In the not indicated that it wishes to withdraw its action despite the Irish Government's request for a stay, is thus established, and 3 — See, for example, Case C-119/00 Commission v Lux- it is appropriate to grant the form of order embourg [2001] ECR I-4795. sought.
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OPINION OF MR MISCHO — CASE C-376/01
Conclusion
11. On those grounds, it is proposed that the Court:
— declare that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market, or in any event by failing to communicate them to the Commission, Ireland has failed to fulfil its obligations under that Directive;
— order Ireland to pay the costs.
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