Opinion of Mr Advocate General Lenz delivered on 28 November 1996. - Commission of the European Communities v Kingdom of Belgium. - Failure to fulfil obligations - Failure to transpose Directives 92/32/EEC, 92/69/EEC, 93/67/EEC, 93/86/EEC and 93/105/EEC. - Joined cases C-218/96, C-219/96, C-220/96, C-221/96 and C-222/96



European Court reports 1996 Page I-06817



Opinion of the Advocate-General

1 In these proceedings for infringement of the Treaty, the Commission alleges that the Kingdom of Belgium has failed to adopt within the prescribed time-limits the laws, regulations and administrative provisions necessary to transpose certain directives, or to communicate those measures to the Commission.

2 Case C-218/96 concerns Commission Directive 93/105/EC of 25 November 1993 laying down Annex VII D, containing information required for the technical dossier referred to in Article 12 of the seventh amendment of Council Directive 67/548/EEC. (1) Under Article 2(1) of that directive, Member States were obliged to adopt the necessary laws, regulations and administrative provisions for the transposition of the directive not later than 31 December 1993, and inform the Commission thereof without delay.

3 Case C-219/96 concerns Commission Directive 93/86/EEC of 4 October 1993 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances. (2) Article 7(1) of that directive required Member States to adopt the necessary laws, regulations and administrative provisions for the transposition of the directive not later than 31 December 1993, and inform the Commission thereof without delay.

4 Case C-220/96 concerns Commission Directive 92/69/EEC of 31 July 1992 adapting to technical progress for the seventeenth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances. (3) Under Article 3(1) of that directive, Member States were obliged to adopt the necessary laws, regulations and administrative provisions for the transposition of the directive not later than 30 October 1993, and inform the Commission thereof without delay.

5 Case C-221/96 concerns Commission Directive 93/67/EEC of 20 July 1993 laying down the principles for assessment of risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC. (4) Article 8(1) of that directive required Member States to adopt the necessary laws, regulations and administrative provisions for the transposition of the directive not later than 31 October 1993, and inform the Commission thereof without delay.

6 Finally, Case C-222/96 concerns Council Directive 92/32/EEC of 30 April 1992 amending for the seventh time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances. (5) Under Article 3(1) of that directive, Member States were obliged to adopt the necessary laws, regulations and administrative provisions for the transposition of the directive not later than 31 October 1993, and inform the Commission thereof without delay.

7 The Kingdom of Belgium does not deny that the directives in question have not been transposed into national law within the prescribed time-limits. It merely states that the measures necessary to transpose the directives are in the course of preparation and will be adopted shortly.

8 As it is therefore obvious that the directives in question have not been transposed within the time-limits, there is no need to consider the Commission's further complaint that the Kingdom of Belgium did not communicate to it without delay the laws, regulations and administrative provisions adopted in order to implement those directives.

9 I therefore propose that the Court should hold that, by failing to adopt within the prescribed time-limits the laws, regulations and administrative provisions necessary to implement:

- Commission Directive 93/105/EC of 25 November 1993 laying down Annex VII D, containing information required for the technical dossier referred to in Article 12 of the seventh amendment of Council Directive 67/548/EEC;

- Commission Directive 93/86/EEC of 4 October 1993 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances;

- Commission Directive 92/69/EEC of 31 July 1992 adapting to technical progress for the seventeenth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;

- Commission Directive 93/67/EEC of 20 July 1993 laying down the principles for assessment of risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC; and

- Council Directive 92/32/EEC of 30 April 1992 amending for the seventh time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances,

the Kingdom of Belgium has failed to fulfil its obligations under the EC Treaty.

I further propose that the Kingdom of Belgium should be ordered to pay the costs.

(1) - OJ 1993 L 294, p. 21.

(2) - OJ 1993 L 264, p. 51.

(3) - OJ 1992 L 383, p. 113.

(4) - OJ 1993 L 227, p. 9.

(5) - OJ 1992 L 154, p. 1.