CELEX: C1997/212/20
Language: en
Date: 1997-07-12 00:00:00
Title: Action brought on 30 April 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-163/97)

No C 212/ 12            EN                      Official Journal of the European Communities                                  12 . 7 . 97
Action brought on 30 April 1997 by the Commission of                       Communities on 30 April 1997 by the European
the European Communities against the Kingdom of                            Parliament, represented by Johann Schoo, Head of
                                   Belgium                                 Division in its Legal Service, and Joao Sant'Anna, of its
                          ( Case C-163/97)                                 Legal Service, acting as Agents, with an address for service
                                                                           in Luxembourg at its General Secretariat, Mail and
                              ( 97/C 212/20 )                              Registry Service, Tower Building, Office 017.
An action against the Kingdom of Belgium was brought                       The European Parliament claims that the Court should:
before the Court of Justice of the European Communities
on 30 April 1997 by the Commission of the European                         — annul, pursuant to Article 173 of the EC Treaty,
Communities, represented by Hendrik van Lier, Legal                            Regulation ( EC ) No 307/97 ('), amending Regulation
Adviser, acting as Agent, with an address for service in                        ( EEC) No 3528/86 (2 ) on the protection of the
Luxembourg at the office of Carlos Gomez de la Cruz,                           Community's forests against atmospheric pollution,
Wagner Centre, Kirchberg.                                                      and
The Commission of the European Communities claims                          — order the Council of the European Union to pay the
that the Court should :                                                        costs .
— declare that, by failing to adopt the laws, regulations                  Pleas in law and main arguments adduced in support:
     and administrative provisions necessary to comply
     with Council Directive 92/74/EEC of 22 September                      The contested Regulation, which extends until
     1992 widening the scope of Directive 81 /851 /EEC on                  31 December 2001 the duration of the scheme provided
     the approximation of provisions laid down by law,                     for by Council Regulation ( EEC ) No 3528/86 of
     regulation or administrative action relating to                       17 November 1986 on the protection of the Community's
     veterinary medicinal products and laying down                         forests against atmospheric pollution, was adopted on the
     additional provisions on homeopathic veterinary                       sole basis of Article 43 of the EC Treaty, relating to the
     medicinal products H , the Kingdom of Belgium has                     common agricultural policy, which provides that the
     failed to fulfil its obligations under that Directive,                European Parliament is to be consulted . The legal basis
                                                                           for the Regulation should, however, have been Article 130s
— in the alternative declare that, in any event, by failing                of the Treaty, relating to environmental policy, which
     to inform the Commission of such measures forthwith,                  provides for the 'cooperation' procedure between the
     the Kingdom of Belgium has failed to fulfil its                       Council and the Parliament .
     obligations under the same provisions, and
                                                                           Regulation ( EEC ) No 3528/86 was itself adopted on the
— order the Kingdom of Belgium to pay the costs .                          legal basis of Articles 43 and 235 of the EC Treaty. Being
                                                                           adopted before the entry into force of the Single European
Pleas in law and main arguments adduced, in support:                       Act, it could not have been based on Article 130s.
                                                                           Regulation ( EEC ) No 3528/86 was amended for the first
Under Article 10 of the Directive in issue, Member States                  time by Regulation ( EEC ) No 1613/89 of 29 May 1989
were to take the measures necessary to comply with the                     on the protection of the Community's forests against
 Directive by 31 December 1993 .                                            atmospheric pollution ( 3 ). It was again amended by
                                                                            Council Regulation ( EEC ) No 2157/92 of 23 July 1992 on
                                                                           the protection of the Community's forests against
 In reply to a letter of formal notice, the Belgian authorities             atmospheric pollution (4). Those two Regulations are
 stated on 12 June 1995 that the necessary measures were                    based on both Article 43 and Article 130s of the EC
 contained in a draft Royal Decree submitted to the office                  Treaty. Admittedly, at that time Article 130s involved only
 of the Minister of Public Health .
                                                                           the 'consultation' procedure, as did Article 43 of the
                                                                            Treaty.
 Since then, the Commission has heard nothing more of
 that legislative procedure .                                               From its content, it is clear that the contested Regulation
                                                                            concerns environmental protection . The measures which it
 (•) OJ No L 297, 13 . 10 . 1992 , p . 12 .                                 extends — in particular projects for observing damage,
                                                                            and understanding pollution and its effects on forests —
                                                                            are strictly linked to forests and their protection . Their
                                                                            aim is the protection of forests . Such measures cannot fall
                                                                            within the scope of the common agricultural policy. They
                                                                            are of no relevance to the products concerned by
 Action brought on 30 April 1997 by the European                            Articles 38 to 46 of the EC Treaty, namely those listed in
    Parliament against the Council of the European Union                    Annex II to the Treaty. The measures concerned fall
                            ( Case C-164/97 )                               within the scope of Article 13 Or of the Treaty.
                                ( 97/C 212/21 )
                                                                            The stated objectives of Regulation ( EEC ) No 3528/86
                                                                            and of Regulations ( EEC ) No 1613/89 and ( EEC)
 An action against the Council of the European Union was                    No 2157/92 are the fight against pollution and the
  brought before the Court of Justice of the European                       preservation of forest resources, which play an essential