CELEX: C2003/275/11
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court of 23 September 2003 in Case C-30/01: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations — Failure to implement, in respect of Gibraltar, Directives 67/548/EEC and 87/18/EEC (concerning dangerous chemical substances); 93/12/EEC (concerning liquid fuels); 79/113/EEC, 84/533/EEC, 84/534/EEC, 84/535/EEC, 84/536/EEC, 84/537/EEC, 84/538/EEC, 86/594/EEC and 86/662/EEC (concerning noise emission); 94/62/EC (concerning packaging waste) and 97/35/EC (concerning the deliberate release into the environment of genetically modified organisms))

15.11.2003              EN                           Official Journal of the European Union                                                C 275/5
4.   Orders the Federal Republic of Germany to bear its own costs.           1.    Declares that by failing to adopt the necessary laws, regulations
                                                                                   and administrative provisions laid down in:
(1) OJ C 163 of 10.6.2000.
                                                                                   —    Article 5(4)(a) of Council Directive 91/676/EEC of
                                                                                        12 December 1991 concerning the protection of waters
                                                                                        against pollution caused by nitrates from agricultural
                                                                                        sources, in conjunction with paragraph 1(2) and (3) and
                                                                                        paragraph 2 of Annex III thereto;
                                                                                   —    Article 5(4)(b) of the Directive, in conjunction with
                 JUDGMENT OF THE COURT                                                  Article 4(1)(a) thereof and paragraphs A(1), (2), (4)
                                                                                        and (6) of Annex II thereto; and
                         (Sixth Chamber)
                                                                                   —    Article 5(5) of the Directive,
                        of 2 October 2003
                                                                                   the Kingdom of the Netherlands has failed to fulfil its
                                                                                   obligations under the Directive;
in Case C-322/00: Commission of the European Communi-
             ties v Kingdom of the Netherlands (1)
                                                                             2.    Orders the Kingdom of the Netherlands to pay the costs.
(Failure of a Member State to fulfil its obligations —
Directive 91/676/EEC — Protection of waters against pol-                     (1) OJ C 335 of 25.11.2002.
lution caused by nitrates from agricultural sources —
Article 5(4) and (5), paragraphs A(1), (2), (4) and (6) of
Annex II and paragraph 1(2) and (3) and paragraph 2 of
Annex III — Capacity of storage vessels for livestock manure
— Limitation of the land application of fertilisers based on
a balance between the foreseeable nitrogen requirements of
crops and the nitrogen supply to crops from the soil and
from fertilisation — Ensuring that the amount of livestock
manure applied to land each year does not exceed a specified                                  JUDGMENT OF THE COURT
amount per hectare — Provisions contained in a code of good
agricultural practice and covering periods, conditions and                                        of 23 September 2003
procedures for the land application of fertilisers — Obli-
gation to adopt any additional measures or reinforced actions
                             necessary)                                      in Case C-30/01: Commission of the European Communi-
                                                                             ties v United Kingdom of Great Britain and Northern
                                                                                                           Ireland (1)
                         (2003/C 275/10)
                    (Language of the case: Dutch)                            (Failure of a Member State to fulfil its obligations — Failure
                                                                             to implement, in respect of Gibraltar, Directives 67/548/EEC
                                                                             and 87/18/EEC (concerning dangerous chemical substances);
(Provisional translation; the definitive translation will be published       93/12/EEC (concerning liquid fuels); 79/113/EEC, 84/533/
                   in the European Court Reports)                            EEC, 84/534/EEC, 84/535/EEC, 84/536/EEC, 84/537/EEC,
                                                                             84/538/EEC, 86/594/EEC and 86/662/EEC (concerning
                                                                             noise emission); 94/62/EC (concerning packaging waste)
                                                                             and 97/35/EC (concerning the deliberate release into the
In Case C-322/00, Commission of the European Communities
                                                                                    environment of genetically modified organisms))
(Agents: G. Valero Jordana and C. van Hauwaert) v Kingdom
of the Netherlands (Agent: J. G. M. van Bakel): Application for
a declaration that, by failing to adopt the necessary legislative                                      (2003/C 275/11)
and administrative provisions laid down in Article 4 and
Article 5(4) and (5) of Council Directive 91/676/EEC of
12 December 1991 concerning the protection of waters                                            (Language of the case: English)
against pollution caused by nitrates from agricultural sources
(OJ 1991 L 375, p. 1) and in paragraphs A(1), (2), (4) and (6)
of Annex II and paragraph 1(2) and (3) and paragraph 2 of
Annex III thereto, the Kingdom of the Netherlands has failed                 In Case C-30/01, Commission of the European Communities
to fulfil its obligations under that directive, the Court (Sixth             (Agent: R.B. Wainwright) supported by Kingdom of Spain
Chamber), composed of: J.-P. Puissochet, President of the                    (Agent: R. Silva de Lapuerta) v United Kingdom of Great
Chamber, C. Gulmann, V. Skouris, F. Macken (Rapporteur)                      Britain and Northern Ireland (Agent: R. Magrill, assisted by
and N. Colneric, Judges; P. Léger, Advocate General; H.A. Rühl,              D. Wyatt QC): Application for a declaration that by failing,
Principal Administrator, for the Registrar, has given a judgment             in respect of Gibraltar, to adopt the laws, regulations or
on 2 October 2003, in which it:                                              administrative provisions necessary to comply with
 ---pagebreak--- C 275/6              EN                         Official Journal of the European Union                                        15.11.2003
—   Council Directive 67/548/EEC of 27 June 1967 on the                 —     Council Directive 84/537/EEC of 17 September 1984 on
    approximation of laws, regulations and administrative                     the approximation of the laws of the Member States
    provisions in relation to the classification, packaging and               relating to the permissible sound power level of powered
    labelling of dangerous substances (OJ 1967 L 196,                         hand-held concrete breakers and picks (OJ 1984 L 300,
    p; 1), as amended by Commission Directive 97/69/EC of                     p. 156), as amended by Commission Directive 85/409/
    5 December 1997 (OJ 1997 L 343. p; 19);                                   EEC of 11 July 1985 (OJ 1985 L 233, p. 20);
                                                                        —     Council Directive 84/538/EEC of 17 September 1984 on
—   Council Directive 87/18/EEC of 18 December 1986 on                        the approximation of the laws of the Member States
    the harmonisation of laws, regulations and administrative                 relating to the permissible sound power level of lawn-
    practice relating to the application of good laboratory                   mowers (OJ 1984 L 300, p. 171), as amended by Council
    practice and the verification of their application for tests              Directive 88/181/EEC of 22 March 1988 (OJ 1988 L 81,
    on chemical substances (OJ 1987 L 15, p; 29);                             p. 71);
                                                                        —     Council Directive 86/594/EEC of 1 December 1986 on
—   Council Directive 93/12/EEC of 23 March 1993 relating                     airborne noise emitted by household appliances (OJ 1986
    to the sulphur content of certain liquid fuels (OJ 1993                   L 344, p. 24);
    L 74, p. 81), as amended by Directive 98/70/EC of the
    European Parliament and of the Council of 13 October
                                                                        —     Council Directive 86/662/EEC of 22 December 1986 on
    1998 (OJ 1998 L 350, p. 58);                                              the limitation of noise emitted by hydraulic excavators,
                                                                              rope-operated excavators, dozers, loaders and excavator-
                                                                              loaders (OJ 1986 L 384, p. 1), as amended by Directive
—   Council Directive 79/113/EEC of 19 December 1978 on                       95/27/EC of the European Parliament and of the Council
    the approximation of the laws of the Member States                        of 29 June 1995 (OJ 1995 L 168, p. 14);
    relating to the determination of the noise emission of
    construction plant and equipment (OJ 1979 L 33, p. 15),             —     European Parliament and Council Directive 94/62/EC of
    as amended by Commission Directive 85/405/EEC of                          20 December 1994 on packaging and packaging waste
    11 July 1985 (OJ 1985 L 233, p. 9);                                       (OJ 1994 L 365, p. 10) and
                                                                        —     Commission Directive 97/35/EC of 18 June 1997 adapt-
—   Council Directive 84/533/EEC of 17 September 1984 on                      ing to technical progress for the second time Council
    the approximation of the laws of the Member States                        Directive 90/220/EEC on the deliberate release into the
    relating to the permissible sound power level of com-                     environment of genetically modified organisms (OJ 1997
    pressors (OJ 1984 L 300, p; 123), as amended by                           L 169, p. 72),
    Commission Directive 85/406/EEC of 11 July 1985 (OJ
    1985 L 233, p. 11);
                                                                        or, in any event, by failing to inform the Commission of the
                                                                        adoption of such provisions, the United Kingdom of Great
                                                                        Britain and Northern Ireland has failed to fulfil its obligations
—   Council Directive 84/534/EEC of 17 September 1984 on                under those directives, the Court, composed of: G.C. Rodríguez
    the approximation of the laws of the Member States                  Iglesias, President, J.-P. Puissochet, M. Wathelet and
    relating to the permissible sound power level of tower              R. Schintgen (Presidents of Chambers), C. Gulmann,
    cranes (OJ 1984 L 300, p. 130), as amended by Council               D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
    Directive 87/405/EEC of 25 June 1987 (OJ 1987 L 220,                N. Colneric (Rapporteur), S. von Bahr and J.N. Cunha Rodri-
    p. 60);                                                             gues, Judges; A. Tizzano, Advocate General; R. Grass, Registrar,
                                                                        has given a judgment on 23 September 2003, in which it:
—   Council Directive 84/535/EEC of 17 September 1984 on
    the approximation of the laws of the Member States                  1.    Dismisses the application.
    relating to the permissible sound power level of welding
    generators (OJ 1984 L 300, p. 142), as amended by                   2.    Orders the Commission of the European Communities to pay
    Commission Directive 85/407/EEC of 11 July 1985 (OJ                       the costs.
    1985 L 233, p. 16);
                                                                        3.    Orders the Kingdom of Spain to bear its own costs.
—   Council Directive 84/536/EEC of 17 September 1984 on
    the approximation of the laws of the Member States
    relating to the permissible sound power level of power              (1) OJ C 108 of 7.4.2001.
    generators (OJ 1984 L 300, p. 149), as amended by
    Commission Directive 85/408/EEC of 11 July 1985 (OJ
    1985 L 233, p. 18);