Opinion of the Advocate General — ECLI:EU:C:2002:213
Date: 2002-03-21
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: France

summary of the inventories has been communicated to it pursuant to Article 4(1) of the directive. Second, it considers that the adoption of the decree is not sufficient to overcome the objection that this Member State has failed to draw up plans for the decontamination and/or disposal of contaminated equipment or outlines for the collection and subsequent disposal of equipment which has not been inventoried, pursuant to Article 11 of the directive. 8. The French Government does not dispute the Commission's complaints. It points out that the establishment of the procedure to fulfil the obligations laid down in Articles 4 and 11 of the directive took longer than anticipated and that technical difficulties linked to the computerised system used caused additional delay. Conclusion 9. I therefore propose that the Court should: - declare that, by failing to communicate to the Commission a summary of the inventories of equipment with PCB volumes of more than 5 dm3, plans for the decontamination and/or disposal of the inventoried equipment and the PCBs contained therein, and outlines for the collection and subsequent disposal of equipment which is not subject to inventory in accordance with Article 4(1) and referred to in Article 6(3) of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT), the French Republic has failed to fulfil its obligations under Articles 4 and 11 of that directive; - order the French Republic to pay the costs. 1: - Original language: Dutch. 2: - OJ 1996 L 243, p. 31. 3: - Décret no. 2001-63 du 18 janvier 2001 modifiant le décret no. 87-59, du 2 février 1987, relatif à la mise sur le marché, à l'utilisation et à l'élimination des polychlorobiphényles et polychloroterphényles, JO of 25 January 2001 (Decree of 18 January 2001 amending Decree No 87-59 of 2 February 1987 on the marketing, use and disposal of polychlorinated biphenyls and polychlorinated terphenyls). 4: - Arrêté du 13 février 2001 relatif à la déclaration de détention d'appareils contenant des polychlorobiphényles et des polychloroterphényles, JO of 6 March 2001 (order of 13 February 2001 on the declaration of possession of equipment containing polychlorinated biphenyls and polychlorinated terphenyls).