OPINION OF ADVOCATE GENERAL

ALBER delivered on 15 October 2002 (1)

((Failure by a Member State to fulfil its obligations – Directive 98/83/EC – Quality of water intended for human consumption))

4. When the Commission failed to receive information concerning implementation it initiated the Treaty infringement procedure and, by letter of 19 April 2001, requested the United Kingdom to submit its observations within two months.

7. By letter of 26 September 2001, the United Kingdom Government forwarded the implementing legislation for Gibraltar and provided information concerning the state of preparations for implementation in Wales and Northern Ireland.

Assessment

10. The mere initiation of the procedure for adoption of a law designed to transpose a directive into national law does not fulfil that requirement. (4)

11. It is settled-case law that the remedying of a failure to fulfil obligations after the period laid down in the reasoned opinion has expired does not affect whether the action is well founded. (5) The provisions implementing the directive in Wales entered into force on 1 January 2002. The United Kingdom Government envisaged that the directive would be implemented in Northern Ireland in September 2002. Since the provisions therefore entered into force, or will enter into force, after expiry of the period, a finding that the United Kingdom has failed to fulfil its obligations is not precluded.

12. The Commission has also applied for an order of costs against the United Kingdom. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to pay the costs if they have been applied for in the successful party's pleadings.

Conclusion

13. On the basis of the foregoing considerations, I propose that the Court should:

(1) declare that, by failing to adopt for Northern Ireland and Wales all the laws, regulations and administrative provisions necessary to comply with Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption or, in any event, by failing to notify such provisions to the Commission, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 17(1) and (2) of that directive;

(2) order the United Kingdom of Great Britain and Northern Ireland to pay the costs.

—

1 – Original language: German.

2 – OJ 1998 L 330, p. 32; corrigendum at OJ 2001 L 111, p. 31.

3 – See Case C-119/00 Commission v Luxembourg [2001] ECR I-4795, paragraph 12, and Case C-29/01 Commission v Spain [2002] ECR I-2503, paragraph 9.

4 – Commission v Spain, cited in footnote 3, paragraph 10.

5 – Case C-365/97 Commission v Italy [1999] ECR I-7773, paragraph 45, and Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26.