Keywords

Summary



Keywords

1. Acts of the institutions — Directives — Implementation by the Member States — Need for precise transposition — Directive 90/219 — Obligation of Member States to assess specifically whether there is a need to establish an emergency plan for the contained use of genetically modified micro-organisms — (Art. 249, third para., EC; Council Directive 90/219, Art. 14(a))

2. Actions for failure to fulfil obligations — Infringement terminated before the expiry of the period laid down in the reasoned opinion — Inadmissibility — (Art. 226 EC)

3. Acts of the institutions — Directives — Implementation by the Member States — Need for full transposition — Provision concerning only the relations between the Member States and the Commission — Provision not necessarily entailing specific transposing measures — Possibility for the Commission to demonstrate the need to adopt specific transposing measures

4. Acts of the institutions — Directives — Implementation by the Member States — Need for clear and precise transposition — (Art. 249, third para., EC)

Summary

1. Member States must, in order to secure the full implementation of directives in law and not only in fact, establish a specific legal framework in the area in question.

In that regard Directive 90/219 on the contained use of genetically modified micro-organisms which provides that, before an operation covered by it commences, the competent authorities are to ensure that, where necessary, an emergency plan is drawn up, requires that national legislation imposes on those authorities the obligation to assess specifically, on a case-by-case basis and in the light of the risks posed, whether it is necessary to draw up an emergency plan, where, with regard to certain types of facility, there is no requirement that such a plan be drawn up as a matter of course.

see paras 40-41

2. The existence of a failure to fulfil obligations must be examined in the light of the position in which the Member State found itself at the end of the period laid down in the reasoned opinion.

Directive 98/81 amending Directive 90/219 on the contained use of genetically modified micro-organisms was to be transposed by 5 June 2000 at the latest and, therefore, before expiry of the time-limit laid down in the reasoned opinion sent to the French Republic by the Commission. From that date at least that Member State was no longer under an obligation to transpose the first sentence of the first subparagraph of Article 14(b) of the Directive.

Accordingly, the action must be dismissed as inadmissible in so far as it relates to that provision of the directive.

see paras 56-58

3. A provision of a directive which concerns only relations between Member States and the Commission need not, in principle, be transposed. Nevertheless, given that the Member States are under an obligation to ensure full compliance with Community law, the Commission may show that compliance with the provision of a directive governing such relations requires the adoption of specific measures transposing that provision into the national legal order.

Where a Member State has elected not to lay down expressly the legal framework within which the national authorities are to maintain such relations, it is responsible for any infringement of the relevant obligations under Community law.

see paras 68-69

4. For the transposition of a directive into the legal order of a Member State, it is essential that the national legislation in question effectively ensures that the directive is fully applied, that the legal position under national law is sufficiently precise and clear and that individuals are made fully aware of their rights and obligations.

see para. 83