Case C-11/08: Action brought on 10 January 2008 — Commission of the European Communities v Republic of Malta
Date: 2008-01-10
Institutions: Court of Justice
Subjects: European Commission, Malta, action for failure to fulfil an obligation, common ports policy, harbour installation, maritime safety, professional qualifications, transport safety

23.2.2008

EN

Official Journal of the European Union

C 51/37

Questions referred

1. In light of the fact that the registration requirements in Title II
of the REACH Regulation (1) do not apply to polymers by
virtue of Article 2(9) of the Regulation, does the reference to
‘monomer substances’ in Article 6(3) mean:

menting the Kyoto Protocol (1) in Malta in conjunction with
Articles 2 to 7 of Commission Decision 166/2005/EC of
10 February 2005 laying down rules implementing Decision
280/2004/EC, the Republic of Malta has failed to fulfil its
obligations under Article 3(1) of the Decision.

(a) reacted monomers, that is monomers which have reacted
they are indissociable from the

such that

together
polymer of which they form part;

(b) unreacted monomers, that is monomers that are residual
to the polymerisation process and which retain their
own chemical identities and properties separate from the
polymer after that process is complete; or

(c) both reacted and unreacted monomers?

2. If the answer to question 1 is either (a) or (c), is the applica-
tion of Article 6(3) to manufacturers or importers of poly-
mers unlawful by reason that the requirements are irrational,
discriminatory or disproportionate?

Pleas in law and main arguments

According to Article 3(1) of decision No 280/2004/EC the
Member States shall, for the assessment of actual progress and
to enable the preparation of annual reports by the Community,
in accordance with obligations under the UNFCCC and the
Kyoto protocol, provide the Commission with certain informa-
tion regarding greenhouse gas emissions by 15 January each
year.

In view of the fact that the Republic of Malta has not provided
the Commission with the information due on 15 January 2006
the Commission is obliged to assume that the Maltese authori-
ties have failed to meet their obligations under Article 3(1) of
the decision.

(1) Regulation (EC) No 1907/2006 of the European Parliament and of
the Council of 18 December 2006 concerning the Registration,
Evaluation, Authorisation and Restriction of Chemicals (REACH),
establishing a European Chemicals Agency, amending Directive
1999/45/EC and repealing Council Regulation (EEC) No 793/93 and
Commission Regulation (EC) No 1488/94 as well as Council
Directive 76/769/EEC and Commission Directives 91/155/EEC,
93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, p. 1)

(1) OJ L 49, p. 1.

Action brought on 10 January 2008 — Commission of the
European Communities v Republic of Malta

Action brought on 20 December 2007 — Commission of
the European Communities v Republic of Malta

(Case C-563/07)

(2008/C 51/61)

Language of the case: English

Parties

(Case C-11/08)

(2008/C 51/62)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson, Agent)

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker and D. Lawunmi, Agents)

Defendant: Republic of Malta

Defendant: Republic of Malta

The applicant claims that the Court should:

The applicant claims that the Court should:

— declare that, by failing to provide the information necessary
to comply with Decision No. 280/2004/EC (‘the Decision’)
of
the Council of
11 February 2004 concerning a mechanism for monitoring
imple-
Community Greenhouse gas emissions and for

the European Parliament

and of

— declare that, by providing in its national law that inspectors
who do not fulfil the criteria in Annex VII of Council Direc-
tive 95/21/EC of 19 June 1995 on port State control of
shipping (1) are accepted if they are employed by the compe-
tent authority for port State control on 1 May 2004, the
Republic of Malta has failed to fulfil its obligations under
Article 12(1) and Annex VII of the Directive;

— order Republic of Malta to pay the costs.

C 51/38

EN

Official Journal of the European Union

23.2.2008

Pleas in law and main arguments

Article 12(1) of the directive provides, as a main rule, that
inspections shall be carried out only by inspectors who fulfil the
qualification criteria set out in Annex VII thereof. Paragraph 5
of Annex VII provides, as an exception to this main rule, that
the criteria in paragraphs 1-4
inspectors who do not
thereof are accepted if they are employed by the competent
authority of a Member State for port State control at the date of
adoption of the directive, in other words, on 19 June 1995.

fulfil

Order of the President of the Sixth Chamber of the Court
of 20 November 2007 — Commission of the European
Communities v Portuguese Republic

(Case C-482/06) (1)

(2008/C 51/64)

Language of the case: Portuguese

The President of the Sixth Chamber has ordered that the case be
removed from the register.

The Act of Accession does not provide for any transitional
measures relating to the application of the directive in respect of
Malta. In accordance with article 2 of the Act of Accession the
provisions of the directive are binding upon Malta from the date
of accession.

(1) OJ C 326, 30.12.2006.

It is the Commission's view that the Merchant Shipping (Port
State Control) Regulations, 2004 (the ‘Regulations’), adopted by
Malta to implement the directive, are incompatible with the
directive, read in conjunction with the Act of Accession, in so
far as they provide that inspectors who do not fulfil the criteria
in paragraphs 1-4 of Annex VII of the directive are accepted if
they have been employed by the competent authority for port
State control between 19 June 1995 and the date of entry into
force of the Regulations — in other words, 1 May 2004.

(1) OJ L 157, p. 1.

Order of the President of the Eighth Chamber of the Court
of 27 November 2007 — Commission of the European
Communities v Republic of Hungary

(Case C-30/07) (1)

(2008/C 51/65)

Language of the case: Hungarian

The President of the Eighth Chamber has ordered that the case
be removed from the register.

(1) OJ C 69, 24.3.2007.

Order of the President of the Fourth Chamber of the Court
of 11 December 2007 — Commission of the European
Communities v Centre de traduction des organes de
l'Union européenne

(Case C-269/06) (1)

(2008/C 51/63)

Language of the case: French

Order of the President of the Court of 16 November 2007
— Commission of the European Communities v Ireland

(Case C-31/07) (1)

(2008/C 51/66)

Language of the case: English

The President of the Fourth Chamber has ordered that the case
be removed from the register.

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 190, 12.8.2006.

(1) OJ C 56, 10.3.2007.