14 IN ITS OBSERVATIONS ON THE COMMISSION ' S REPLY TO THE QUESTIONS PUT BY THE COURT BEFORE THE ORAL PROCEDURE , AND ALSO DURING THE ORAL PROCEDURE , THE NETHERLANDS GOVERNMENT AGAIN REFERRED TO AN AMENDMENT OF THE WET VERONTREINIGING OPPERVLAKTEWATEREN ( LAW RELATING TO THE POLLUTION OF SURFACE WATER ), WHICH ENTERED INTO FORCE ON 1 JANUARY 1982 , CLAIMING THAT BY VIRTUE OF THAT AMENDMENT THE PROSPECTIVE MULTIENNIAL PROGRAMME WOULD ENABLE THE DIRECTIVE TO BE FULLY IMPLEMENTED . AT THE HEARING , THE COMMISSION , WHILST NOT DEPARTING FROM ITS VIEWS , DECLARED THAT THAT AMENDMENT TO THE LAW WOULD , IF SUPPLEMENTED BY CERTAIN ADMINISTRATIVE MEASURES , MAKE IT POSSIBLE FOR THE DIRECTIVE TO BE IMPLEMENTED PROPERLY . IN THAT REGARD IT MUST BE POINTED OUT , WITHOUT ITS BEING NECESSARY TO CONSIDER WHETHER , MERELY BE REASON OF THAT AMENDMENT , THE FAILURE TO FULFIL THE OBLIGATION MIGHT HAVE BEEN WHOLLY REMEDIED , THAT THE MEASURES NEEDED TO ENSURE FULL IMPLEMENTATION OF THE DIRECTIVE WERE NOT ADOPTED WITHIN THE PRESCRIBED PERIODS AND IN ANY CASE DID NOT EXIST WHEN THIS ACTION WAS BROUGHT .
15 IT FOLLOWS FROM THE FOREGOING THAT THE KINGDOM OF THE NETHERLANDS DID NOT ADOPT WITHIN THE PRESCRIBED PERIODS THE PROVISIONS NEEDED TO ENSURE THE FULL IMPLEMENTATION OF THE DIRECTIVE IN QUESTION AND MUST BE DECLARED TO HAVE FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .
Decision on costs
COSTS
16 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS , IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING . AS THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY :
1 . DECLARES THAT BY NOT BRINGING INTO FORCE WITHIN THE PERIODS PRESCRIBED THE PROVISIONS NEEDED TO ENSURE THE FULL IMPLEMENTATION OF COUNCIL DIRECTIVE NO 75/440/EEC OF 16 JUNE 1975 CONCERNING THE QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER IN THE MEMBER STATES , THE KINGDOM OF THE NETHERLANDS HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ;
2 . ORDERS THE KINGDOM OF THE NETHERLANDS TO PAY THE COSTS .