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Opinion of Mr Advocate General Geelhoed delivered on 6 March 2003. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Waste management - Articles 4(1) and 11 of Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT). # Case C-83/02.
ECLI:EU:C:2003:139
62002CC0083
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OPINION OF ADVOCATE GENERAL
GEELHOED delivered on 6 May 2003 (1)
((Failure of a Member State to fulfil obligations – Articles 11 and 4 of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) – Failure to communicate to the Commission, within the prescribed period, the plans, outlines and summaries required by the directive))
7. On 29 May 2001, the Greek Government responded in writing to the reasoned opinion. It stated that it had drawn up the inventory required by Article 4(1) of the directive but that the inventory was not yet complete and definitive as not all the necessary data had been supplied. As regards it obligations under Article 11 of the directive, it stated that the competent ministry would adopt the measures as soon as possible on the basis of the data received. By way of explanation, it stated that in general it had encountered problems in respect of the precise identification of PCBs and more specifically the transportation of PCBs abroad for disposal as Greece did not have such disposal capacity itself.
I ─ Conclusion
In the light of the foregoing, I would recommend that the Court:
declare that, by failing to draw up and to communicate to the Commission, within the prescribed period, the plans, outlines and summaries required under Articles 4(1) and 11 of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT), the Hellenic Republic has failed to fulfil its obligations under the EC Treaty;
order the Hellenic Republic to pay the costs.
* Language of the case: Dutch.