Important legal notice

62001C0146

European Court reports 2002 Page I-05117

Opinion of the Advocate-General

3. The directive in question was transposed into Belgian law by the Royal Decree of 25 April 1997 on the protection of workers against the dangers arising from ionising radiation and by the Royal Decree of 2 October 1997 on, inter alia, the amendment of the Royal Decree of 28 February 1963 providing generally for the protection of the population and workers against the danger of ionising radiation. The Commission takes the view that that legislation does not fully transpose a number of provisions of Directive 90/641.

7. According to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion. In the present case, the reasoned opinion - in which the Belgian Government was called upon to notify the Commission, within two months, of the measures to be taken - was issued on 1 August 2000. The Court therefore cannot take account of any changes which may have occurred after 1 October 2000.

8. I therefore propose that the Court should:

-declare that, by failing to adopt or notify, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Articles 4(2), 5 and 6 of and Annexes I and II to Council Directive 90/641/Euratom of 4 December 1990 on the operational protection of outside workers exposed to the risk of ionising radiation during their activities in controlled areas, the Kingdom of Belgium has failed to fulfil its obligations under that directive;

-order the Kingdom of Belgium to pay the costs.