C-63/02
ECLI:EU:C:2002:586
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OPINION OF MR ALBER — CASE C-63/02
OPINION OF ADVOCATE GENERAL ALBER delivered on 15 October 2002 1c
1. The Commission seeks a declaration 2. The Member States shall communicate that, by failing to adopt for Northern to the Commission the texts of the provi- Ireland and Wales all the laws, regulations sions of national law which they adopt in and administrative provisions necessary to the field covered by this Directive.' comply with Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption2 or, in any event, by failing to notify such provi- sions to the Commission, the United King- 3. The directive entered into force on dom of Great Britain and Northern Ireland 25 December 1998; it should therefore has failed to fulfil its obligations under have been implemented by 25 December Article 17(1) and (2) of that directive. 2000.
4. When the Commission failed to receive 2. Article 17 of Directive 98/83 provides: information concerning implementation it initiated the Treaty infringement procedure and, by letter of 19 April 2001, requested the United Kingdom to submit its observa- tions within two months.
'1. Member States shall bring into force the laws, regulations and administrative provi- sions necessary to comply with this Direc- tive within two years of its entry into force. 5. The United Kingdom Government there- They shall forthwith inform the Commis- upon forwarded, by letter of 18 June 2001, sion thereof. the legislation implementing the directive in Scotland. With regard to Wales, Northern Ireland and Gibraltar, it indicated that the necessary legislation would be enacted soon.
1 — Original language: German. 6. On 24 July 2001 the Commission sent 2 — OJ 1998 L 330, p. 32; corrigendum OJ 2001 L 111, p. 31. the United Kingdom a reasoned opinion
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allowing it two months to take the meas- Such action includes directives which, pur- ures necessary in order to implement the suant to the third paragraph of Article 249 directive in Wales, Northern Ireland and EC, are binding, as to the result to be Gibraltar. achieved, upon each Member State to which they are addressed. That obligation involves, for each Member State to which a directive is addressed, the timely adoption, within the framework of its national legal system, of all the measures necessary to 7. By letter of 26 September 2001, the ensure that the directive is fully effective, in United Kingdom Government forwarded accordance with the objective which it the implementing legislation for Gibraltar pursues. 3 and provided information concerning the state of preparations for implementation in Wales and Northern Ireland.
10. The mere initiation of the procedure for adoption of a law designed to transpose a directive into national law does not fulfil 8. On 26 February 2002 the Commission that requirement. 4 brought the present action, seeking the declaration set out in point 1 above. The United Kingdom accepts that the Court should grant the Commission's application. It states that the legislation for Wales was enacted on 7 December 2001 and entered 11. It is settled-case law that the remedying into force on 1 January 2002. It adds that of a failure to fulfil obligations after the resource constraints delayed implemen- period laid down in the reasoned opinion tation in Northern Ireland. However, the has expired does not affect whether the necessary legislation would enter into force action is well founded. 5The provisions in September 2002. implementing the directive in Wales entered into force on 1 January 2002. The United Kingdom Government envisaged that the directive would be implemented in Northern Ireland in September 2002. Since the provisions therefore entered into force, or will enter into force, after expiry of the period, a finding that the United Assessment Kingdom has failed to fulfil its obligations is not precluded.
9. Under the first paragraph of Article 10 3 — Sec Case C-119/00 Commission v Luxembourg [2001] ECR I-4795, paragraph 12, and Case C-29/01 Commission v EC, the Member States are to take all Spam [2002] ECR I-2503, paragraph 9. appropriate measures to ensure fulfilment 4 — Commission v Spam, cited in footnote 3, paragraph 10, of the obligations resulting from action 5 —Case C-365/97 Commission v Italy [1999] ECR I-7773,
taken by the institutions of the Community. panagraph 45, and Case C-147/00 Commission v France [2001]ECR I-2387. paragraph 26.
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12. The Commission has also applied for Procedure, the unsuccessful party is to pay an order of costs against the United King- the costs if they have been applied for in the dom. Under Article 69(2) of the Rules of successful party's pleadings.
Conclusion
13. On the basis of the foregoing considerations, I propose that the Court should:
(1) declare that, by failing to adopt for Northern Ireland and "Wales all the laws, regulations and administrative provisions necessary to comply with Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption or, in any event, by failing to notify such provisions to the Commission, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 17(1) and (2) of that directive;
(2) order the United Kingdom of Great Britain and Northern Ireland to pay the costs.
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