C-436/01

OPINION OF MR JACOBS — C-436/01

O P I N I O N O F ADVOCATE GENERAL JACOBS delivered on 14 January 2003 1

1. In this case the Commission seeks a regulations and administrative provisions declaration, pursuant to Article 226 EC, necessary to comply with the directive not that by not adopting the laws, regulations later than 18 months after the date of its and administrative provisions necessary to entry into force. Since the directive entered comply with Council Directive 98/81/EC of into force, pursuant to Article 3, on 26 October 1998 amending Directive 5 December 1998, the implementing provi- 90/219/EEC on the contained use of gen- sions should have been adopted by 5 June etically modified micro-organisms, 2 the 2000. Kingdom of Belgium has failed to fulfil its obligations under the directive.

2. Article 1 of Directive 98/81 makes sub- 4. It is not disputed that Belgium did not stantial amendments to many of the provi- adopt the necessary measures within the sions of Directive 90/219, 3 which lays prescribed time-limit. Belgium states in its down common measures for the contained defence, dated 21 January 2002, that the use of genetically modified micro-organ- Brussels and the Walloon Regions have isms with a view to protecting human adopted the measures transposing the health and the environment. directive and that they will enter into force shortly. The Flemish Region is taking the necessary measures to transpose the direc- tive completely as rapidly as possible.

3. Article 2 of Directive 98/81 required Member States to bring into force the laws,

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