Keywords

Summary



Keywords

1 Actions for failure to fulfil obligations - Commission's right of action - Right exercised at the Commission's discretion

(EC Treaty, Art. 169)

2 Actions for failure to fulfil obligations - Commission's right of action - Time-limits within which the right must be exercised - None - Exception - Where the excessive duration of the pre-litigation procedure is prejudicial to the rights of defence - Burden of proof

(EC Treaty, Art. 169)

3 Environment - Water pollution - Directive 76/464 - Obligation to establish specific programmes in order to reduce the pollution caused by certain dangerous substances - Scope - Meaning of `programme'

(Council Directive 76/464, Art. 7, and the Annex thereto, Lists I and II)

Summary

1 Given the Commission's role as guardian of the treaties, that institution alone is competent to decide whether it is appropriate to initiate the procedure under Article 169 and whether the pre-litigation procedure should be taken further by delivering a reasoned opinion. On completion of that procedure, the Commission has the right, but not the duty, to commence proceedings before the Court for a declaration that the Member State concerned is in breach of its obligations as alleged.

2 There is no obligation on the Commission to act within a specific period to bring, under Article 169 of the Treaty, proceedings against a Member State for failure to fulfil obligations, save where the excessive duration of the pre-litigation procedure laid down in Article 169 infringes the rights of defence by making it more difficult for the Member State concerned to refute the Commission's arguments. It is for the Member State concerned to provide evidence that it has been so affected.

3 It is clear from the system set up by Directive 76/464 and from the wording of the first indent of List II of the Annex thereto that, as regards List I substances requiring specific legislative provision - such as the adoption by the Council of specific directives primarily to fix emission limit values - so long as the Council has not determined emission limit values, there is absolutely no need for more specific legislative provision before the substances in question, which have been identified, are to be treated as List II substances by the Member States. The latter are under an obligation to establish the programmes referred to in Article 7 of the Directive in order to reduce pollution, at least in the case of pollution caused by any of the substances at issue which is likely to be present in waste discharged in their territory.

Those programmes must be specific, that is to say, they must embody a comprehensive and coherent approach, covering the entire national territory of each Member State and providing practical and coordinated arrangements for the reduction of pollution caused by any of the substances in List II which is relevant in the particular context of the Member State concerned, in accordance with the quality objectives fixed by those programmes for the waters affected.

Accordingly, national measures which cover only some of the substances identified as belonging to List I and which do not embody comprehensive arrangements for the reduction of pollution in accordance with the quality objectives set for the waters affected cannot be regarded as programmes within the meaning of Article 7 of the Directive; that is also the position in the case of sectoral decrees and codes of good agricultural practice, which are merely ad hoc measures, not comprehensive and coherent programmes for pollution reduction.