# C_2004094EN.01000402.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/4 |
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17.4.2004

EN

Official Journal of the European Union

C 94/4

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

11 March 2004

In Case C-396/01: Commission of the European Communities v Ireland (1)

1

(Failure of a Member State to fulfil its obligations - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Identification of waters affected by pollution and waters which could be affected by pollution - Designation of vulnerable zones which contribute to pollution - Establishment of action programmes in respect of designated vulnerable zones - Monitoring and review)

(2004/C 94/07)

Language of the case: English

In Case C-396/01: Commission of the European Communities (Agent: R.B. Wainwright), with an address for service in Luxembourg, against Ireland (Agent: D.J. O'Hagan), with an address for service in Luxembourg: Application for a declaration that: by failing, within the time-limits provided for in Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ 1991 L 375, p. 1),

| — | to identify completely waters pursuant to Article 3(1) in accordance with the criteria set out in Annex I and to notify these to the Commission, |
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to identify completely waters pursuant to Article 3(1) in accordance with the criteria set out in Annex I and to notify these to the Commission,

| — | to designate vulnerable zones pursuant to Article 3(2) and/or Article 3(4) thereof, |
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to designate vulnerable zones pursuant to Article 3(2) and/or Article 3(4) thereof,

| — | to establish action programmes in accordance with Article 5 of the Directive, and |
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to establish action programmes in accordance with Article 5 of the Directive, and

| — | to carry out correctly and completely monitoring and review of waters in accordance with Article 6(1)(a), (b) and (c) of the Directive, |
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to carry out correctly and completely monitoring and review of waters in accordance with Article 6(1)(a), (b) and (c) of the Directive,

Ireland has failed to fulfil its obligations thereunder, the Court (Fifth Chamber), composed of: P. Jann, acting for the President of the Chamber, C.W.A. Timmermans and S. von Bahr (Rapporteur), Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 23 October 2003, in which:

| 1) | declares that by failing, within the time-limits provided for in Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources,






  — | to identify completely waters pursuant to Article 3(1) in accordance with the criteria set out in Annex I, |
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1)

declares that by failing, within the time-limits provided for in Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources,

—

to identify completely waters pursuant to Article 3(1) in accordance with the criteria set out in Annex I,

| — | to designate vulnerable zones pursuant to Article 3(2) and/or Article 3(4) thereof, |
| --- | --- |

—

to designate vulnerable zones pursuant to Article 3(2) and/or Article 3(4) thereof,

| — | to establish action programmes in accordance with Article 5 of the Directive, and |
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—

to establish action programmes in accordance with Article 5 of the Directive, and

| — | to carry out correctly and completely monitoring and review of waters in accordance with Article 6(1)(a), (b) and (c) of the Directive, |
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—

to carry out correctly and completely monitoring and review of waters in accordance with Article 6(1)(a), (b) and (c) of the Directive,

Ireland has failed to fulfil its obligations thereunder.

| 2) | Orders Ireland to bear the costs. |
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2)

Orders Ireland to bear the costs.

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(1)  OJ C 369 of 22.12.2001.

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