CELEX: 61989CJ0290
Failure to comply with Council Directives 75/440/EEC and 79/869/EEC
Surface water for the production of drinking water
Duty to notify

Grounds
1 By application lodged at the Court Registry on 19 September 1989, the Commission of the European Communities brought an action under Article 169 of the EEC Treaty for a declaration that, by failing to notify the measures taken to implement Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States (Official Journal 1975 L 194, p. 26) and Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States (Official Journal 1979 L 271, p. 44), or by failing to adopt the measures required for the implementation of those directives, the Kingdom of Belgium had failed to fulfil its obligations under the EEC Treaty.
2 Article 10 of Directive 75/440 and Article 13 of Directive 79/869 provide that the Member States are to bring into force the laws, regulations and administrative provisions needed in order to comply with the directives within two years of their notification and are forthwith to inform the Commission thereof. The directives were notified to the Kingdom of Belgium on 18 June 1975 and 19 October 1979, respectively, and the period thus expired on 18 June 1977 and 19 October 1981 respectively.
3 Reference is made to the Report for the Hearing for a fuller account of the procedure and the pleas in law and arguments of the parties, which are mentioned or discussed hereinafter only in so far as is necessary for the reasoning of the Court.
4 Article 8 of Directive 79/869 requires Member States to provide the Commission at its request with all relevant information on the methods of analysis used and the frequency of analysis. The Kingdom of Belgium did not reply to the questions which the Commission had put to it in that respect by letter dated 8 December 1986 or to other questions formulated in the same letter also in relation to the implementation of Directives 75/440 and 79/869. It was only before the Court that the Belgian Government specified the manner in which that directive had, according to itself, been transposed into its national legal system.
5 It follows that the Kingdom of Belgium infringed the aforementioned Article 8 of Directive 79/869 and also Article 5 of the Treaty and, accordingly, the complaint of failure to notify the measures adopted for the purposes of the implementation of Directives 75/440 and 79/869 must be upheld.
6 As regards the complaint of failure to adopt the requisite measures for implementation of the two directives, it should first be noted that the Commission accepts the Belgian Government' s position set out in the defence, according to which no measure of transposition is required for the Brussels Region since there is no surface water in that region intended for the production of drinking water.
7 As regards the Flemish Region, the parties agree that the measures adopted by the Belgian Government correctly transpose the directives, with the exception of Article 4(2) of Directive 75/440. No systematic plan of action, including a timetable for the improvement of surface water, as required by Article 4(2), has been drawn up by the Kingdom of Belgium.
8 As regards the Walloon Region, the Belgian Government does not deny that several provisions of the directives have not been transposed, but it alleges that that is due to the lack of the necessary financial means.
9 In that respect it should be pointed out that, as the Court has consistently held, a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with obligations and time-limits resulting from Community law (see, in particular, the judgment in Case 254/83 Commission v Italy [1984] ECR 3395).
10 It follows from all the above considerations that, by failing to notify the measures adopted for the implementation of Directive 75/440 and 79/869 and by failing to adopt the measures required for the implementation of those directives in the Flemish and Walloon Regions, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty.
Decision on costs
Costs
11 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the Kingdom of Belgium has been unsuccessful, it must be ordered to pay the costs.
Operative part
On those grounds,
THE COURT,
hereby:
1. Declares that, by failing to notify the measures adopted for the implementation of Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the extraction of drinking water in the Member States and Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States, and by failing to adopt the measures required for the implementation of those directives in the Flemish and Walloon Regions, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;
2. Orders the Kingdom of Belgium to pay the costs.