CELEX: C2001/369/13
Language: en
Date: 2001-12-22 00:00:00
Title: Case C-396/01: Action brought on 10 October 2001 by the Commission of the European Communities against Ireland

C 369/8               EN                        Official Journal of the European Communities                                       22.12.2001
Action brought on 10 October 2001 by the Commission                        For the purposes of designating and revising the designation
        of the European Communities against Ireland                        of vulnerable zones, Article 6 of the directive requires Member
                                                                           States to carry out monitoring of nitrate concentrations and to
                                                                           review the eutrophic state of fresh surface waters, estuarial,
                        (Case C-396/01)                                    coastal and marine waters, according to specified timetables.
                                                                           The Commission contends that Ireland has failed in practice
                                                                           to monitor and review correctly in accordance with Article 6.
                        (2001/C 369/13)
                                                                           (1) Council Directive 91/676/EEC of 12 December 1991 concerning
                                                                               the protection of waters against pollution caused by nitrates from
                                                                               agricultural sources (OJ L 375, 31.12.1991, p. 1).
An action against Ireland was brought before the Court of
Justice of the European Communities on 10 October 2001 by
the Commission of the European Communities, represented
by Mr Richard Wainwright, acting as agent, with an address
for service in Luxembourg.
The Applicant claims that the Court should:                                Action brought on 15 October 2001 by the Kingdom of
                                                                           the Netherlands against the Commission of the European
                                                                                                      Communities
—     declare that Ireland has failed to fulfil its obligations
      under Directive 91/676/EEC (1) concerning the protection
      of waters against pollution caused by nitrates from                                            (Case C-407/01)
      agricultural sources by failing, within the time-limits
      provided for in the Directive, to completely identify
                                                                                                     (2001/C 369/14)
      waters pursuant to Article 3(1) in accordance with the
      criteria set out in Annex I and to notify these to the
      Commission, to designate vulnerable zones pursuant to
      Article 3(2) and/or 3(4), to establish action programmes
      in accordance with Article 5, and to correctly and                   An action against the Commission of the European Communi-
      completely carry out monitoring and review of waters in              ties was brought before the Court of Justice of the European
      accordance with Article 6(1)(a), (b) and (c);                        Communities on 15 October 2001 by the Kingdom of the
                                                                           Netherlands, represented by H.G. van Sevenster and J.S. van
                                                                           den Oosterkamp, acting as Agents.
—     order Ireland to pay the costs.
                                                                           The applicant claims that the Court should:
                                                                           —     Annul Commission Regulation (EC) No 1476/2001 of
Pleas in law and main arguments                                                  18 July 2001 amending Regulation (EC) No 1325/2001
                                                                                 as regards safeguard measures with regard to imports
                                                                                 from the overseas countries and territories of mixtures of
On the basis of the information available to it, the Commission                  sugar and cocoa with ACP/OCT originating status for the
considers that Ireland has failed to identify waters in accord-                  period 1 July to 1 December 2001;
ance with the criteria of Annex I of the directive. In so far as
Ireland may argue that it has identified waters in accordance              —     Order the Commission to pay the costs of the proceed-
with Article 3(1) of the Directive, the Commission would                         ings.
contend that Ireland has failed to notify the Commission of
these waters within the time-frame foreseen by Article 12 of
the directive.
                                                                           Pleas in law and main arguments
Ireland has not established and applied action programmes
throughout its territory, as it is entitled to do under Article 3(5)       —     Connection with Regulation No 1325/2001, the annul-
of the directive. Therefore, the exemption, given in Article 3(5),               ment of which is the subject-matter of Case C-325/01 (1).
from the obligation to identify specific vulnerable zones does                   A ruling that Regulation No 1325/2001 is void will
not arise. However, Ireland has not designated any vulnerable                    remove any basis for Regulation No 1476/2001;
zones in accordance with Article 3(2) and/or 3(4). It is
currently the only Member State with a complete absence of                 —     Infringement of Article 109(1) of Council Decision
such designations. A corollary of Ireland’s failure to designate                 91/482/EEC on the association of the overseas countries
any vulnerable zones is its failure to establish any action                      and territories with the European Economic Community
programmes in accordance with Article 5 of the directive.                        (‘the OCT Decision’): in so far as the Commission takes