, WITHOUT ANY DETAILED EXAMINATION OF SUCH MEASURES , THAT THE DEFENDANT HAS FAILED TO FULFIL THE OBLIGATION TO IMPLEMENT THE NECESSARY MEASURES .
5 THE SUBJECT-MATTER OF THESE PROCEEDINGS IS NOT , HOWEVER , FAILURE TO COMPLY WITH A 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 WATERLEIDINGWET ( LAW RELATING TO THE DISTRIBUTION OF WATER ) AT THE PRESENT TIME NO PROVISIONS EXIST IN THE NETHERLANDS PRESCRIBING