EFFECT THE NECESSARY MEASURES .
5 THE SUBJECT-MATTER OF THESE PROCEEDINGS IS NOT , HOWEVER , FAILURE TO COMPLY WITH THE DUTY TO PROVIDE INFORMATION BUT FAILURE TO FULFIL THE OBLIGATION TO BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NEEDED TO ENSURE COMPLIANCE WITH THE DIRECTIVE .
6 IT SHOULD BE EMPHASIZED THAT , IN PROCEEDINGS UNDER ARTICLE 169 OF THE EEC TREATY FOR FAILURE TO FULFIL AN OBLIGATION , IT IS INCUMBENT UPON THE COMMISSION TO PROVE THE ALLEGATION THAT THE OBLIGATION HAS NOT BEEN FULFILLED . IT IS THE COMMISSION ' S RESPONSIBILITY TO PLACE BEFORE THE COURT THE INFORMATION NEEDED TO ENABLE THE COURT TO ESTABLISH THAT THE OBLIGATION HAS NOT BEEN FULFILLED , AND IN SO DOING THE COMMISSION MAY NOT RELY ON ANY PRESUMPTION .
7 IT SHOULD NEVERTHELESS ALSO BE EMPHASIZED THAT THE MEMBER STATES ARE OBLIGED , BY VIRTUE OF ARTICLE 5 OF THE EEC TREATY , TO FACILITATE THE ACHIEVEMENT OF THE COMMISSION ' S TASKS WHICH , UNDER ARTICLE 155 OF THE EEC TREATY , CONSIST IN PARTICULAR OF ENSURING THAT THE PROVISIONS OF THE TREATY AND THE MEASURES ADOPTED BY THE INSTITUTIONS PURSUANT THERETO ARE APPLIED . IT IS FOR THOSE REASONS THAT ARTICLE 12 OF THE DIRECTIVE IN QUESTION , LIKE OTHER DIRECTIVES , IMPOSES UPON THE MEMBER STATES AN OBLIGATION TO PROVIDE INFORMATION .
8 THE INFORMATION WHICH THE MEMBER STATES ARE THUS OBLIGED TO SUPPLY TO THE COMMISSION MUST BE CLEAR AND PRECISE . IT MUST INDICATE UNEQUIVOCALLY THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS BY MEANS OF WHICH THE MEMBER STATE CONSIDERS THAT IT HAS SATISFIED THE VARIOUS REQUIREMENTS IMPOSED ON IT BY THE DIRECTIVE . IN THE ABSENCE OF SUCH INFORMATION , THE COMMISSION IS NOT IN A POSITION TO ASCERTAIN WHETHER THE MEMBER STATE HAS EFFECTIVELY AND COMPLETELY IMPLEMENTED THE DIRECTIVE . THE FAILURE OF A MEMBER STATE TO FULFIL THAT OBLIGATION , WHETHER BY PROVIDING NO INFORMATION AT ALL OR BY PROVIDING INSUFFICIENTLY CLEAR AND PRECISE INFORMATION , MAY OF ITSELF JUSTIFY RECOURSE TO THE PROCEDURE UNDER ARTICLE 169 OF THE EEC TREATY IN ORDER TO ESTABLISH THE FAILURE TO FULFIL THE OBLIGATION .
9 IN VIEW OF THE PURPOSE OF THIS ACTION AND IN ORDER TO EXAMINE WHETHER IT IS WELL FOUNDED , THOSE PROVISIONS MUST BE COMPARED WITH THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS EXISTING IN THE NETHERLANDS BY MEANS OF WHICH THE NETHERLANDS GOVERNMENT CONSIDERS IT HAS IMPLEMENTED THE DIRECTIVE .
10 IN THAT RESPECT , IT MUST BE RECORDED THAT IN REPLY TO A QUESTION PUT BY THE COURT AT THE CLOSE OF THE WRITTEN PROCEDURE , THE COMMISSION STATED THAT , AS APPEARS FROM THE EXPLANATORY MEMORANDUM TO THE DRAFT NETHERLANDS LAW AMENDING THE WET HYGIENE EN VEILIGHEID ZWEMINRICHTINGEN ( LAW RELATING TO HYGIENE AND SAFETY IN BATHING ESTABLISHMENTS ), AT THE PRESENT TIME NO PROVISIONS EXIST IN THE NETHERLANDS DETERMINING THE DESIRED QUALITY FOR BATHING WATER BY MEANS OF VALUES FOR THE PARAMETERS