CELEX: C2001/245/22
Language: en
Date: 2001-09-01 00:00:00
Title: Case C-258/01: Action brought on 3 July 2001 by Commission of the European Communities against Portuguese Republic

C 245/12                EN                  Official Journal of the European Communities                                      1.9.2001
Action brought on 3 July 2001 by the Commission of                     Action brought on 3 July 2001 by Commission of the
the European Communities against the Council of the                        European Communities against Portuguese Republic
                         European Union
                                                                                                (Case C-258/01)
                         (Case C-257/01)
                                                                                               (2001/C 245/22)
                         (2001/C 245/21)
                                                                       An action against the Portuguese Republic was brought before
                                                                       the Court of Justice on 3 July 2001 by the Commission of the
                                                                       European Communities, represented by Bernard Mongin and
An action against the Council of the European Union was
                                                                       Francisco Miguel França, acting as Agents, with an address for
brought before the Court of Justice of the European Communi-
                                                                       service in Luxembourg at the office of Luis Escobar Guerrero,
ties on 3 July 2001 by the Commission of the European
                                                                       also of its Legal Service, Wagner Centre, Kirchberg.
Communities, represented by Ms Dominique Maidani and
Ms Carmel O’Reilly, acting as agents, with an address for
service in Luxembourg.                                                 The applicant claims that the Court of Justice should:
                                                                       —     Declare that, by failing to transpose Article 6(1) and (4)
The Applicant requests that the Court should:                                of Directive 94/57/EC (1) on common rules and standards
                                                                             for ship inspection and survey organisations and for the
                                                                             relevant activities of maritime administrations and in
1.    Annul Council Regulation (EC) No 789/2001 of 24 April
                                                                             particular by not establishing a working relationship
      2001 reserving to the Council implementing powers
                                                                             regulated by a formalised written and non-discriminatory
      with regard to certain detailed provisions and practical
                                                                             agreement or equivalent legal arrangements with the
      procedures for examining visa applications (1).
                                                                             classification societies and by not providing the Com-
                                                                             mission with precise information on that working
2.    Annul Council Regulation (EC) No 790/2001 of 24 April                  relationship, the Portuguese Republic has failed to fulfil
      2001 reserving to the Council implementing powers                      its obligations under Article 6(1) and (4) of Directive
      with regard to certain detailed provisions and practical               94/57/EC;
      procedures for examining carrying out border checks and
      surveillance (2).                                                —     Order the Portuguese Republic to pay the costs.
3.    Order the defendant to pay the costs.
                                                                       Contentions and principal arguments
                                                                       Directive 94/57/EC was transposed into Portuguese law by
Pleas in law and main arguments                                        Decree-Law No 115/96 of 6 August 1996.
The Commission submits that the Council has, contrary to               According to the information received by the Commission
Article 202 of the Treaty and to Article 1 of Decision                 through the committee established by Article 7 of Direc-
1999/468/CE (3), improperly and irregularly reserved                   tive 94/57/EC, the Portuguese Republic delegates certain
implementing powers to itself and that, in any event, the              responsibilities to a number of classification societies (Ame-
Council has neither adequately nor properly motivated the              rican Bureau of Shipping, Det Norske Veritas, Germanischer
said reservation of implementing powers to itself. The Com-            Lloyd, Lloyd’s Register of Shipping, Nippon Kaiiji Kyokai). The
mission is, furthermore, of the view that the procedure set up         Commission considers that the formalised written and non-
respectively by Article 2 of Regulation (CE) 789/2001 and by           discriminatory agreements or equivalent legal arrangements
Article 2 of Regulation (CE ) 790/2001 whereby, in essence, the        (Article 6(2) of Directive 94/57/EC), which determine the tasks
Member States themselves amend certain factual information             and specific functions to be undertaken by the organisations
respectively contained in the Common Consular Instructions             and which should have been concluded or adopted and
on Visas for the Diplomatic Missions and Consular Posts, in            forwarded to the Commission immediately after the said
Executive Committee decisions SCH/Com-ex (98) 56,                      delegation of responsibilities, have not yet been entered into,
SCH/Com-ex (99) 14 and SCH/Com-ex (94) 15, and in the                  a fact which, moreover, the Portuguese authorities admit.
Common Manual is irregular and contrary to Article 202 of              Furthermore, Article 6(4) of Directive 94/57/EC provides that
the Treaty.                                                            each Member State is to provide the Commission with precise
                                                                       information on the working relationship established with the
                                                                       classification societies. However, the Portuguese authorities
(1) OJ L 116, 26.4.2001, p. 2.                                         have not yet sent that information to the Commission, which
(2) OJ L 116, 26.4.2001, p. 5.                                         is under an obligation then to pass it to the other Member
(3) Council Decision of 28 June 1999 laying down the procedures        States.
    for the exercise of implementing powers conferred on the
    Commission, OJ L 184, 17.7.1999, p. 23.
                                                                       (1) OJ L 319 of 12.12.1994, p. 20.