CELEX: 62001CC0436
Language: en
Date: 2003-01-14 00:00:00
Title: Opinion of Mr Advocate General Jacobs delivered on 14 January 2003. # Commission of the European Communities v Kingdom of Belgium. # Failure by a Member State to fulfil its obligations - Directive 98/81/EC - Failure to transpose within the prescribed period. # Case C-436/01.

OPINION OF ADVOCATE GENERALJACOBS delivered on 14 January 2003(1)
         Case C-436/01  Commission of the European Communitiesv Kingdom of Belgium 
            (())
            
      
         
      1.  In this case the Commission seeks a declaration, pursuant to Article 226 EC, that by not adopting the laws, regulations and
      administrative provisions necessary to comply with Council Directive 98/81/EC of 26 October 1998 amending Directive 90/219/EEC
      on the contained use of genetically modified micro-organisms,  
      
         			(2)
         		 the Kingdom of Belgium has failed to fulfil its obligations under the directive.
      
      2.  Article 1 of Directive 98/81 makes substantial amendments to many of the provisions of Directive 90/219,  
      
         			(3)
         		 which lays down common measures for the contained use of genetically modified micro-organisms with a view to protecting human
      health and the environment.
      
      3.  Article 2 of Directive 98/81 required Member States to bring into force the laws, regulations and administrative provisions
      necessary to comply with the directive not later than 18 months after the date of its entry into force.  Since the directive
      entered into force, pursuant to Article 3, on 5 December 1998, the implementing provisions should have been adopted by 5 June
      2000.
      
      4.  It is not disputed that Belgium did not adopt the necessary measures within the prescribed time-limit.  Belgium states in
      its defence, dated 21 January 2002, that the Brussels and the Walloon Regions have adopted the measures transposing the directive
      and that they will enter into force shortly.  The Flemish Region is taking the necessary measures to transpose the directive
      completely as rapidly as possible.
      
      5.  It follows that the Commission's application is well founded.
        Conclusion
      
      6.  I am therefore of the opinion that the Court should 
      (1) declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Council Directive
      98/81/EC of 26 October 1998 amending Directive 90/219/EEC on the contained use of genetically modified micro-organisms, the
      Kingdom of Belgium has failed to fulfil its obligations under the directive; 
      
      (2) order the Kingdom of Belgium to pay the costs. 
      
      
      
       1 –
         
           Original language: English
      
      2 –
         
         OJ 1998 L 330, p. 13.
      
      3 –
         
         Council Directive 90/219/EEC of 23 April 1990; OJ 1990 L 117, p 1.