C-122/02

OPINION OF MR GEELHOED — CASE C-122/02

OPINION OF ADVOCATE GENERAL GEELHOED delivered on 10 October 2002 1

1. In this case the Commission of the 3. By letter of 6 April 2001 the Commis- European Communities seeks a declaration sion gave the Kingdom of Belgium formal by the Court that the Kingdom of Belgium notice to submit its observations on the has failed to adopt or notify, within the ground that it had not received any infor- prescribed period, the laws, regulations and mation from the Belgian Government administrative provisions necessary to about the measures adopted by it to transpose fully Council Directive 98/83/EC implement the directive. On 23 May 2001 of 3 November 1998 on the quality of the Belgian Government submitted a draft water intended for human consumption 2. Royal Decree on the quality of water The transposition period laid down in intended for human consumption which is Article 17 of that directive expired on packaged or which is used in food process- 25 December 2000. ing establishments in the manufacture and/or commercial preparation of food products. On 19 March 2001 that draft royal decree was submitted for its opinion to the Conseil d'État (Council of State). It also submitted a preliminary draft of a decree of the Flemish Region relating to water intended for human consumption which the Flemish Government approved in principle on 16 March and 23 March 2001. By letter of 19 June 2001 the Belgium Government subsequently sub- mitted a preliminary draft of a decree of the Walloon Region relating to water intended for human consumption which was adopted by the Walloon Government on 23 May 2001.

7. According to settled case-law, the ques- tion whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion 3. In the present case, the reasoned opinion — in which the Belgian Government was called upon to notify the Commission, within two months, of the measures to be taken — 6. In its defence, the Belgian Government was issued on 26 July 2001. The Court did not dispute the fact that it had failed to therefore cannot take account of any implement the directive within the pre- changes which occurred after the expiry scribed period. None the less, it points out of the time-limit set by the Commission. that the royal decree intended to implement the directive in national law was published in the Moniteur belge of 19 March 2002 3 — See, recently. Case C-323/01 Commission v Italy (2002] and the Commission was notified of that ECR I-4711'.

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OPINION OF MR GEELHOED — CASE C-122/02

Conclusion

8. I therefore propose that the Court should:

— declare that, by failing to adopt or notify, within the prescribed period, the laws, regulations and administrative provisions necessary to comply fully with Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, the Kingdom of Belgium has failed to fulfil its obligations under that directive;