TO THE SUPERVISION OF THE COMMISSION , TO A PROTECTIVE MEASURE PROVIDED FOR IN ARTICLE 9 OF THE DIRECTIVE IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN THAT ARTICLE .
38IT FOLLOWS THAT NATIONAL PROVISIONS GOING BEYOND THOSE LAID DOWN IN DIRECTIVE NO 73/173 ARE COMPATIBLE WITH COMMUNITY LAW ONLY IF THEY HAVE BEEN ADOPTED IN ACCORDANCE WITH THE PROCEDURES AND FORMALITIES PRESCRIBED IN ARTICLE 9 OF THE SAID DIRECTIVE .
B - THE INTERPRETATION OF COUNCIL DIRECTIVE NO 77/728/EEC OF 7 NOVEMBER 1977
39IN A FIFTH QUESTION THE NATIONAL COURT ASKS WHETHER COUNCIL DIRECTIVE NO 77/728 OF 7 NOVEMBER 1977 , IN PARTICULAR ARTICLE 9 THEREOF , IS IMMEDIATELY AND DIRECTLY APPLICABLE WITH REGARD TO THE OBLIGATIONS IMPOSED ON MEMBER STATES TO REFRAIN FROM ACTION AS FROM THE DATE OF NOTIFICATION OF THAT DIRECTIVE IN A CASE WHERE A PERSON , ACTING UPON A LEGITIMATE EXPECTATION , HAS COMPLIED WITH THE PROVISIONS OF THAT DIRECTIVE BEFORE THE EXPIRY OF THE PERIOD WITHIN WHICH THE MEMBER STATE MUST COMPLY WITH THE SAID DIRECTIVE .
40 THE OBJECTIVE OF THAT DIRECTIVE IS ANALOGOUS TO THAT OF DIRECTIVE NO 73/173 IN THAT IT LAYS DOWN SIMILAR RULES FOR PREPARATIONS INTENDED TO BE USED AS PAINTS , VARNISHES , PRINTING INKS , ADHESIVES AND SIMILAR PRODUCTS , AND CONTAINING DANGEROUS SUBSTANCES .
41ARTICLE 12 OF THAT DIRECTIVE PROVIDES THAT MEMBER STATES MUST IMPLEMENT IT WITHIN 24 MONTHS OF ITS NOTIFICATION , WHICH TOOK PLACE ON 9 NOVEMBER 1977 .
42THAT PERIOD HAS NOT YET EXPIRED AND THE STATES TO WHICH THE DIRECTIVE WAS ADDRESSED HAVE UNTIL 9 NOVEMBER 1979 TO INCORPORATE THE PROVISIONS OF DIRECTIVE NO 77/728 INTO THEIR INTERNAL LEGAL ORDERS .
43IT FOLLOWS THAT , FOR THE REASONS EXPOUNDED IN THE GROUNDS OF THE ANSWER TO THE NATIONAL COURT ' S FIRST QUESTION , IT IS ONLY AT THE END OF THE PRESCRIBED PERIOD AND IN THE EVENT OF THE MEMBER STATE ' S DEFAULT THAT THE DIRECTIVE - AND IN PARTICULAR ARTICLE 9 THEREOF - WILL BE ABLE TO HAVE THE EFFECTS DESCRIBED IN THE ANSWER TO THE FIRST QUESTION .
44UNTIL THAT DATE IS REACHED THE MEMBER STATES REMAIN FREE IN THAT FIELD .
45IF ONE MEMBER STATE HAS INCORPORATED THE PROVISIONS OF A DIRECTIVE INTO ITS INTERNAL LEGAL ORDER BEFORE THE END OF THE PERIOD PRESCRIBED THEREIN , THAT FACT CANNOT PRODUCE ANY EFFECT WITH REGARD TO OTHER MEMBER STATES .
46IN CONCLUSION , SINCE A DIRECTIVE BY ITS NATURE IMPOSES OBLIGATIONS ONLY ON MEMBER STATES , IT IS NOT POSSIBLE FOR AN INDIVIDUAL TO PLEAD THE PRINCIPLE OF ' ' LEGITIMATE EXPECTATION ' ' BEFORE THE EXPIRY OF THE PERIOD PRESCRIBED FOR ITS IMPLEMENTATION .
47THEREFORE THE ANSWER TO THE FIFTH QUESTION MUST BE THAT DIRECTIVE NO 77/728 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 7 NOVEMBER 1977 , IN PARTICULAR ARTICLE 9 THEREOF , CANNOT BRING ABOUT WITH RESPECT TO ANY INDIVIDUAL WHO HAS COMPLIED WITH THE PROVISIONS OF THE SAID DIRECTIVE BEFORE THE EXPIRATION