C-83/02

OPINION OF MR GEELHOED — CASE C-83/02

O P I N I O N O F ADVOCATE GENERAL GEELHOED delivered on 6 May 2003 1

1. In this case the Commission of the tories are compiled of equipment with PCB European Communities seeks a declaration volumes of more than 5 dm 3 , and to send by the Court that, by failing to draw up or summaries of such inventories to the Com- to communicate to the Commission, within mission at the latest three years after the the prescribed period, the plans, outlines adoption of this directive. and summaries required under Articles 11 and 4(1) of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlor- inated terphenyls (PCBs/PCTs) 2 (here- inafter: 'the directive'), the Hellenic Repub- lic has failed to fulfil its obligations under the EC Treaty. The Commission also con- tends that the Court should order the 4. Article 11(1) of the directive provides Hellenic Republic to pay the costs. that Member States must, within three years of the adoption of this directive, draw up plans for the decontamination and/or disposal of inventoried equipment and the PCBs contained therein and out- lines for the collection and subsequent disposal of equipment which is not subject 2. According to Article 1, the purpose of to i n v e n t o r y in a c c o r d a n c e with Directive 96/59 is to approximate the laws Article 4(1), as referred to in Article 6(3). of the Member States on the controlled Under Article 11(2), Member States are to disposal of PCBs, the decontamination or communicate these plans and outlines to disposal of equipment containing PCBs the Commission without delay. and/or the disposal of used PCBs in order to eliminate them completely on the basis of the provisions of this directive.

6. By letter of 10 April 2000 the Commis- sion gave the Hellenic Republic formal notice to submit its observations on the ground that it had not been informed by the Hellenic Republic about the required meas- ures, as referred to in Articles 4(1) and 11 of the directive, and did not have any information on whether that Member State had adopted such measures. Since no response to this letter was forthcoming, the Commission, on 1 August 2000, issued a reasoned opinion in which it called upon 8. On 12 March 2002 the Commission the Hellenic Republic to adopt the necess- brought the action in question. It submits ary measures within a period of two that the Hellenic Republic has not yet months. On 13 and 14 December 2000 a fulfilled its obligations under Articles 4(1) meeting was held between Commission and 11. The Hellenic Republic does not representatives and the Greek authorities. dispute the fact that it must adopt measures The Greek authorities pledged to provide to comply with the directive. It contends the relevant information as soon as possible that it could comply with the directive (by January 2001) and to adopt the meas- within a very short time. ures concerned as soon as possible (by June 2001).

7. On 29 May 2001, the Greek Govern- ment responded in writing to the reasoned opinion. It stated that it had drawn up the inventory required by Article 4(1) of the Whatever the case, the fact remains that the directive but that the inventory was not yet Greek Government had still not fulfilled its complete and definitive as not all the obligations by the end of the period laid necessary data had been supplied. As down in the reasoned opinion. Therefore, regards it obligations under Article 11 of the action brought by the Commission is the directive, it stated that the competent well founded.

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