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Opinion of Mr Advocate General Lenz delivered on 10 November 1993. # Commission of the European Communities v Kingdom of Belgium. # Failure to fulfil obligations - Directives 90/490/EEC and 90/506/EEC - Failure to transpose within the prescribed period. # Case C-31/93.
ECLI:EU:C:1993:879
61993CC0031
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OPINION OF ADVOCATE GENERAL
delivered on 10 November 1993 (*1)
Mr President,
Members of the Court,
1. In these Treaty infringement proceedings the Commission is taking action against the Kingdom of Belgium for its failure to transpose Directive 90/490/EEC (1) and Directive 90/506/EEC, (2) both of which should have been transposed by 1 January 1991. The Belgian Government accepts that the directives have not been transposed within the prescribed period.
2. The Commission claims that the Court should:
—declare that, by failing to adopt within the prescribed time-limit the laws, regulations and administrative provisions necessary in order to comply with the provisions of Commission Directive 90/490/EEC of 25 September 1990 amending certain annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products and of Commission Directive 90/506/EEC of 26 September 1990 amending Annex IV to Directive 77/93/EEC, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;
—order the Kingdom of Belgium to pay the costs.
3. In its reasoned opinion of 20 November 1991 the Commission set a time-limit of two months for Belgium to comply with its obligations under Directives 90/490 and 90/506. On the expiry of this time-limit, the directives had not been transposed. In the written procedure before the Court of Justice, the Belgian Government stated that the implementing legislation was about to be adopted. However, no notification of the transposition of the directives was received before the end of the written procedure. It is therefore to be assumed that the directives have not been implemented.
4. I accordingly propose that the Court should uphold the Commission's claims.
(*1) Original language: German.
(1) Eighth Commission Directive of 25 September 1990 amending certain annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (OJ 1990 L 271, p. 28).
(2) Ninth Commission Directive of 26 September 1990 amending Annex IV to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (OJ 1990 L 282, p. 67).