OF THE DIRECTIVE, HAD NOT BEEN TRANSPOSED INTO NETHERLANDS LAW . THE COMMISSION THEREBY CONTRADICTED THE STATEMENT IN ITS ABOVEMENTIONED REPLY OF 12 NOVEMBER 1985 TO THE EFFECT THAT ARTICLE 35*(4 ) IN CONJUNCTION WITH ARTICLES 12 AND 13 OF THE WET CHEMISCHE AFVALSTOFFEN ( LAW ON CHEMICAL WASTE ) AND ARTICLE 46 ET SEQ . OF THE AFVALSTOFFENWET ( LAW ON WASTE MATERIALS ), IN FORCE IN THE NETHERLANDS, CONTAIN THE REQUISITE PROVISIONS . SUCH AN ALTERATION, DURING THE ORAL PROCEDURE, OF THE COMMISSION' S PREVIOUS STATEMENT CANNOT BE ALLOWED .
7 ON THE OTHER HAND, THE COMMISSION ADMITTED IN THE ORAL PROCEDURE THAT THE NETHERLANDS GOVERNMENT HAD, ALBEIT BELATEDLY, IMPLEMENTED ARTICLE 16*(3 ) OF THE DIRECTIVE, REGARDING THE SECRECY REQUIRED OF THE OFFICIALS OF MEMBER STATES, AND DECLARED THAT THERE WAS NO FURTHER DISPUTE ON THAT POINT . ACCORDINGLY, THE COURT HOLDS THAT THE POINT IS NO LONGER IN DISPUTE .
8 AS REGARDS THE COMPLAINT CONCERNING THE FAILURE TO IMPLEMENT THE FIRST INDENT OF ARTICLE 4*(1 ), WHICH PROHIBITS ALL DIRECT DISCHARGES OF CERTAIN SUBSTANCES, TOGETHER WITH ARTICLE 4*(2 ) AND ( 3 ), WHICH ALLOW DISCHARGES TO BE AUTHORIZED ON CERTAIN CONDITIONS, THE COMMISSION STATED IN THE ORAL PROCEDURE THAT, AS FAR AS ARTICLE 4*(2 ) WAS CONCERNED, IT NOTED THE DECLARATION BY THE NETHERLANDS GOVERNMENT THAT IT DID NOT INTEND TO AVAIL ITSELF OF THE OPTION LEFT OPEN BY THAT PROVISION . CONSEQUENTLY, THIS POINT IS NO LONGER IN DISPUTE EITHER .
9 ACCORDING TO ITS STATEMENTS DURING THE ORAL PROCEDURE, THE NETHERLANDS GOVERNMENT ADMITS THAT IT HAS NOT IMPLEMENTED THE FIRST OR SECOND INDENTS OF ARTICLE 4*(1 ) IN CONJUNCTION WITH ARTICLE 5*(1 ), ARTICLES 7 TO 12*(1 ) AND ARTICLES 15 AND 17 OF DIRECTIVE 80/68/EEC . IT IS THEREFORE NECESSARY ONLY TO CONSIDER THE POINTS WHICH ARE STILL AT ISSUE .
10 THE COMMISSION SUBMITS THAT THE NETHERLANDS GOVERNMENT HAS FAILED TO IMPLEMENT THE THIRD INDENT OF ARTICLE 4*(1 ) OF THE DIRECTIVE, READ IN CONJUNCTION WITH ARTICLE 5*(2 ), UNDER WHICH THE MEMBER STATES ARE REQUIRED TO TAKE MEASURES TO PREVENT THE DISCHARGE INTO GROUNDWATER OF DANGEROUS SUBSTANCES INCLUDED IN LISTS I AND II IN THE ANNEX TO THE DIRECTIVE AS A RESULT OF ACTIVITIES ON OR IN THE GROUND OTHER THAN THOSE MENTIONED IN THE SECOND INDENT OF ARTICLE 4*(1 ) AND IN ARTICLE 5*(1 ) OF THE DIRECTIVE .
11 THE NETHERLANDS GOVERNMENT CLAIMED AT THE HEARING THAT A NUMBER OF PROVISIONS ON THOSE POINTS HAD BEEN ADOPTED, BUT IT ACKNOWLEDGED THAT THEY WERE STILL INADEQUATE TO MEET THE REQUIREMENTS OF THE DIRECTIVE . IT DECLARED ITS INTENTION TO ADOPT PROVISIONS UNDER THE WET BODEMBESCHERMING AND TO INFORM THE COMMISSION ACCORDINGLY .
12 IT APPEARS FROM THE STATEMENTS OF THE NETHERLANDS GOVERNMENT, AND ALSO FROM ITS FAILURE TO SUPPLY ANY SPECIFIC INFORMATION ON THE MEASURES ADOPTED TO COVER THOSE POINTS, THAT THE RELEVANT PROVISIONS OF DIRECTIVE 80/68/EEC HAVE NOT BEEN IMPLEMENTED .
13 THE COMMISSION MAINTAINS THAT THE NETHERLANDS