CELEX: 62010CJ0265
Failure of a Member State to fulfil obligations
Regulation (EC) No 1907/2006
Chemicals
Registration, evaluation, authorisation of those substances and restrictions applicable to them
REACH Regulation
Article 126
System of penalties in the event of infringement of the provisions of the REACH Regulation
Lack of implementation within the period prescribed

Judgment of the Court (Eighth Chamber) of 5 May 2011 – Commission v Belgium
(Case C-265/10)
Failure of a Member State to fulfil obligations – Regulation (EC) No 1907/2006 – Chemicals – Registration, evaluation, authorisation of those substances and restrictions applicable to them – REACH Regulation – Article 126 – System of penalties in the event of infringement of the provisions of the REACH Regulation – Lack of implementation within the period prescribed
1.
Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
– Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 27)
2.
Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Implementation by Member
States – Penalties in the event of failure to comply with the regulation – Federal Member State not obliged to conclude a
cooperation agreement with the regions in order to give effect to the regulation (European Parliament and Council Regulation
No 1907/2006, Art. 126) (see para. 37)
Re
Failure of a Member State to fulfil obligations – Infringement of Article 126 of Regulation (EC) No 1907/2006 of the European
Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of
Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation
(EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives
91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p.1) – Penalties applicable for infringement of the REACH
Regulation.
Operative part
The Court:
1.
Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to implement the penalties
applicable to infringements of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals
Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94
as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, the Kingdom
of Belgium has failed to fulfil its obligations under Article 126 of that regulation;
2.
Orders the Kingdom of Belgium to pay the costs.